Terms of Use

last updated January 1, 2017

Welcome to the Website, the website and online service of Wela Creative Studios, Inc. d/b/a/ Bloguettes (“Bloguettes”, LLC, an Arizona limited liability company. Please read this statement carefully before using www.theworkshopphx.com (the “Site”). Your access to and use of the Site is subject to the following terms and conditions and any and all applicable laws and regulations (collectively, “Terms of Use”).

By proceeding to use the Site you are agreeing and consenting to the Terms of Use and other posted policies on the Site, including the Privacy Policy located here which have the same force and effect as if you had physically signed an agreement containing these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT USE THE SITE.

References to “you” or “your” shall apply to you individually and “we” and “our” shall apply to Wela Creative Studios, Inc. d/b/a/ Bloguettes (“Bloguettes”).

Modification and Termination

Bloguettes reserves the right to modify these Terms of Use without notice and at anytime and/or to change or discontinue any aspect or feature of the Site, including without limitation, hours of availability of content and products available.  Any modifications are effective and become a part of the Terms of Use when they are posted.  It is your responsibility to review these Terms of Use prior to each use of the Site. Bloguettes may terminate these Terms of Use and/or access to the Site and the provision of Site services at any time, for any reason, with or without notice to you.  You agree that Bloguettes shall not be liable to you or any third party for the termination of these Terms of Use and/or access to the Site.

Copyright

You acknowledge that all of the materials, information, publications, including without limitation, software, code, texts, photographs, videos, stills, graphics, music and sound, on this Site, including Site Code (“Content”) is protected by copyright and other proprietary rights, including without limitation, the compilation of Content, design, organization, graphics, advertising and the “look and feel” of the Site.  “Site Code” means any and all underlying elements of the Site, including without limitation, source code, scripts, object code, software and other material contained on the Site.

All Content is and shall remain the property of Bloguettes or any of its licensors.  No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the Content in any media now known or hereafter developed without prior written consent of Bloguettes is prohibited.  Such use may be a violation of the intellectual property rights of Bloguettes or any of their licensors in the Content.

Trademarks

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “Bloguettes” and “The Workshop PHX” are registered and unregistered trademarks of Bloguettes and their third-party licensors. You may not use the Trademarks without the written permission of Bloguettes.

Use of the Site

The Content may be used by you only for your personal, noncommercial use as provided in these Terms of Use.  It may not be taken out of context or presented in a false, misleading, derogatory, discriminatory or otherwise offensive manner. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, registered design, design right, copyright or other intellectual property right of Bloguettes in the Site.  Modification of the Content or use of the Content in any manner that directly or indirectly suggest an association with Bloguettes is strictly prohibited.

By posting or contributing content on the Site, you are granting Bloguettes a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

You are solely responsible for providing access to the Site, including providing your own internet access, software, modems and related connectivity hardware or software.

Prohibited Conduct

It is a condition of your use of this Site and any Forum (defined below) that you do not:

  • post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability
  • post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right
  • post or transmit any material containing software viruses or similar disabling devices
  • post or transmit any unsolicited advertising or spam
  • disrupt, overwhelm, overload, attack, modify impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, and you agree not to impede or interfere with the use of the Site by other persons nor alter or tamper with any content or information associated with the Site
  • impersonate any person or entity, falsely claim an affiliation with any person or third party or submit false, misleading or inaccurate information pertaining to your identity

Photo Release

You agree to release “Bloguettes” from any and all liability arising from the use of the photographs.  You acknowledge that the photographs are not accompanied by a model release/property release and accepts all responsibility for violation of privacy or publicity or defamation and infringement of copyright or trademarks associated with the use of the photographs.

Purchases

Our Tickets will be sold via Eventbrite.When making a purchase via Eventbrite, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Eventbrite shall be the sole arbiter of such dispute in its discretion and that Eventbrite’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Eventbrite of any unauthorized use of your password or account or any other breach of security. Refer to all Eventbrite terms and conditions here.

Hyperlinks & Third Parties

For your convenience and information, we may post hyperlinks on the Site to other sites on the internet maintained by third parties. These hyperlinks do not indicate Bloguettes’s endorsement or sponsorship of, or our affiliation with, such sites, and neither Bloguettes has control over, nor is responsible for, such content.  We advise you to educate yourself about the privacy policy and terms of use of any website that you visit.

Please be mindful that when you click on a link and leave our Site you will be subject to the terms of use and privacy policies of the other website that you are going to visit.

You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to that site’s administrator or webmaster.

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Disclaimers of Warranties and Limitations of Liability

BLOGUETTES AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “BLOGUETTES PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.   IN NO EVENT SHALL THE BLOGUETTES PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS SITE EVEN IF THE BLOGUETTES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, THE BLOGUETTES PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, OR ERROR FREE SERVICE, LOSS OF TRANSMITTED INFORMATION, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  BLOGUETTES MAKES NO WARRANTIES AS TO THE RESULTS OF THE USE OF THE SITE BY YOU.

THE BLOGUETTES PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE OR MARKET ANY SOFTWARE, SERVICE OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  HOWEVER, IN ALL EVENTS, THE BLOGUETTES’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless the Bloguettes Parties, their affiliates and their respective directors, officers, employees, agents and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your unauthorized use of material obtained through the Site, from your breach of these Terms of Use, or from any acts through your use of and access to the Site.

Limited Liability

Limited Liability.  To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service, materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms of Use, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Use, whether in contract, tort, or for breach of statutory duty or in any other way.

Independent Contractors

Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

Privacy Policy

Bloguettes is committed to protecting your privacy and security. We have explained in detail the steps we take to do so in our privacy policy here.

Children’s Online Privacy

This Site is not intended for use by anyone under the age of 13.  Bloguettes complies with the Children’s Online Privacy Protection Act, as more fully described in the Privacy Policy here.

Legal Disclaimer

The Contents of this Site contain information for the convenience the Site users. The Content is not offered for nor should be construed as advice, including but not limited to business or legal advice, or a substitute for consultation with legal counsel or business professionals for specific advice.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@bloguettes.com. You may also contact us by writing to 2901 E. Camelback Road, Phoenix, AZ 85016, or by calling us at ____________. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to International Users

The Service is controlled and operated by Bloguettes from its offices in the United States.  We do not make any representations that the Service or any Materials are available or appropriate for use in your location.  You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content.  You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Governing Law and Dispute Resolution

These Terms of Use will be construed in accordance with the laws of the United States of America and the State of Arizona, without regard to its conflict of laws principles.  Any and all disputes between the parties arising from or related to these Terms of Use will be heard and determined by binding, non-appealable arbitration before a single arbitrator, and judgment upon the award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction.  The arbitrator shall be named by the American Arbitration Association (“AAA”).  Arbitration proceedings will be held in Phoenix, Arizona under the Rules of Commercial Arbitration and under the institutional supervision of the AAA, and the parties irrevocably submit to the jurisdiction of the Federal and State courts located in Arizona incident to any such arbitral proceeding.  Witnesses and parties residing outside of the State of Arizona may testify telephonically or via such other audio/visual means as the arbitrator approves.

Contact

If you have any questions about our policies, please contact us at info@bloguettes.com