Last updated: October 1, 2024
Omni Media Designs LLC (“us”, “we”, or “our”) owns and operates https://katykdesigns.com (the “Site”).
This web page (together with the documents referred to on it) is a binding agreement and represents the Terms of Use for our Site.
Please read these Terms of Use carefully before you start to use the Site.
This Site is intended for individuals who are 18 years of age or older.
By visiting and using this Site, you represent and warrant that you are of legal and meet all of the foregoing eligibility requirements.
By visiting and using our Site, you indicate that you accept these Terms of Use and that you agree to fully comply and abide by them.
Content
All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by Omni Media Designs, with the exception of the content you submit to us set forth in the section below.
The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.
The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.
Requests for prior written consent should be addressed to the following email:
You may provide links to our Site as long as
you clearly give credit to us as the author,
include a hyperlink to our Site,
you do not remove or obscure any portion of our Site by framing or otherwise,
your website does not engage in illegal or pornographic activities, and
provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
You must not provide links from any website that is not owned by you.
You must cease providing links to our Site immediately upon our request.
Reliance on Content
The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.
Please refer to our disclaimer for further information.
Disclaimer
Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.
Content You Submit to Us
You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).
You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.
You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.
You represent and warrant that
- the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
- the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
- the content you submit to us does not result in a breach of contract between you and a third party,
- the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.
You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.
Limitation of Liability
In no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.
Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.
You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.
Comments
When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.
For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you leave a comment on our Site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
Your comment may be checked through an automated spam detection service.
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms.
Privacy Policy
While using this Site, you may provide certain personally identifiable information, such as your name, email address or IP address.
We process information about you in accordance with our Privacy Policy.
By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Links to Other Sites
This Site may from time to time contain links to third-party sites.
We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.
We recommend that you review the privacy policy and terms and conditions of those third-party sites. Once you leave our Site, you are no longer governed by our Terms of Use.
Embedded Content from Other Sites
Content on this Site may include embedded content (e.g. videos, images, articles, etc.).
Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.
These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.
Affiliate Links
We may have a financial relationship with some of the merchants we mention.
This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.
We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.
Use of Downloadable Digital Content/Course Content
When purchasing a digital product or course from our Site or downloading a free digital product in exchange for your email address from our Site, you are granted a limited, personal, non-exclusive, non-transferable license of our materials for your personal or internal business use only.
You acknowledge and agree that under this license you have no right to:
– modify, copy, reproduce or sell the materials;
– use the materials for any commercial purpose;
– decompile or reverse engineer;
– remove any copyright or other proprietary notations from the materials;
– transfer the materials to another person;
– create derivative works based upon the materials;
– offer any competing products based upon the materials.
Refund of Digital Products/Course Fees/Membership Fees
Due to the nature of digital content, all purchases of digital products, courses and memberships from our Site are final unless a refund is required under relevant consumer protection laws.
Governing Law
These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of the State of Arkansas and the United States.
Termination
We reserve the right to terminate your rights under these Terms without notice if you fail to comply with any of these Terms.
Indemnification
You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney fees, related to your violation of these Terms, your use of our Site or your infringement, of any intellectual property or other right of any person or entity.
Amendments
We reserve the right to revise these Terms of Use at any time by amending this page.
All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.
If you do not agree with the changes to these Terms of Use, you can choose to discontinue the use of our Site.
Digital Products Terms and Conditions
Last updated: October 1, 2024
Content
These terms and conditions set out the terms and conditions between you, the purchaser (“customer”), and Omni Media Designs LLC dba Katy K Designs (“us”, “we”, “our”), governing the use of our website and our downloadable digital products and streaming digital products including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
After purchasing the digital product, customer will be given access to the product materials within [48 hours] through a download delivered in their email. If an account is created on our website, customer will have lifetime access to the materials so long as the product(s) is/are available.
Fees & Payment Processing
In consideration for access to the product provided by us, customer agrees to compensate us the fee indicated in the online shopping cart. If any payment methods are declined by the online payment processor, customer shall provide a new eligible payment method before receiving access to the product. In the event Customer has already been given access to the product and a payment method is declined, we reserve the right to collect any and all outstanding receivables. We also reserve the right to deny further access to the product until such payment is received.
License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Personal Information
By purchasing the product, customer will be asked to provide personal information including their name, email address, mailing and billing address. Customer agrees to allow us access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of their identifying information, and updating us on any changes to their identifying information.
The billing information provided to us by customer will be kept secure and is subject to the same confidentiality and accuracy requirements as customer’s identifying information indicated above. Providing false or inaccurate information, or using the product for fraud or unlawful activity, is grounds for immediate termination from the product.
Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Release and Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every customer and final result using the Product is different;
▪ The Product is intended for a mass audience.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and streaming digital products; and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. Any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
Venue and Jurisdiction
The laws of the State of Arkansas shall govern this contract, and any resulting arbitration shall take place within Crawford County, Arkansas. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Crawford County, Arkansas unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Amendments
We reserve the right to revise these Terms of Use at any time by amending this page. All updates will be posted on this page, and you are expected to check this page from time to time to take notice of any changes.
If you do not agree with the changes to these Terms of Use, you can choose to discontinue the use of our Site.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Downloadable and Streaming Digital Products Terms and Conditions of Sale Policy via email [email protected].
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Copyright © Omni Media Designs LLC 2024. All Rights Reserved.
Legal Disclaimer: Every effort has been made to accurately represent our programs and their potential. The testimonials and examples used are exceptional results, don’t apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. No guarantees are made that you will achieve results from our ideas and techniques in our material. Each individual’s success depends on his or her background, dedication, desire, and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.
Affiliate Disclaimer: We may have a financial relationship with some of the merchants we mention. From time to time, our blog posts and pages may contain affiliate links, which means we may get compensated/earn a commission at no extra cost to you if the affiliate links are utilized to make a purchase. Our editorial content, including the advice we provide for educational purposes and the opinion we express on products, services and merchants is not influenced in any way by advertisers or affiliate partnerships and the integrity of our content is in no way compromised by such financial relationships. We only affiliate with products, services, and merchants that we believe will provide value to our readers. We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard. It remains solely your personal responsibility to conduct your own investigation to determine whether to purchase an affiliate product or service. You will not rely on any recommendation, reference, or information provided by us and we cannot be held liable or responsible for any damages resulting from your purchase.