Legal

TERMS OF USE

Terms of Use (“Terms”)

Last updated: May 14, 2018.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.adarlingdesign.co/ website (the “Service”, “Website” or “Site”) operated by Brighter BOLD Ltd, DBA A Darling Design (“A Darling Design”, “Brighter Bold”, “Brighter Bold Media”, “us”, “we”, or “our”).

Consent

By using our website, you hereby consent to our Terms of Use and agree to the following disclaimers, disclosures, and terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

DISCLAIMER

All content provided on this A Darling Design Website is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner of A Darling Design and Brighter BOLD Ltd, will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Safety Disclaimer:

Please try all projects safely. Use appropriate safety gear when operating power tools and always ask for help when necessary. Neither Cara nor A Darling Design team members can directly oversee every build that comes from A Darling Design plans, guides, templates, and blog posts, so A Darling Design & it’s owners, associates, or affiliates are not responsible for any injury caused by the user when implementing any plans, guides, templates, or blog posts.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the A Darling Design Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall we, our licensors or licensees, or any of our respective resellers, distributors, service providers, or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use andA Darling Design Site or content, or (b) the conduct or actions, whether online or offline, of any user of aA Darling Design Site or any other person or entity, event if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to any A Darling Design Site. Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers, or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of Force Majeure or causes beyond our or their reasonable control. The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
We may terminate your further access to Brighter BOLD Ltd  sites or change the Brighter BOLD Ltd sites, or delete content or features in any way, at any time, and for any reason or no reason. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LINKS TO OTHER WEBSITES

Our Service may contain links to third­party websites or services that are not owned or controlled by A Darling Design.

A Darling Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that A Darling Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third­party websites or services that you visit.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States of America (“US”,”U.S.”), without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, in conjunction with our Privacy Policy, Products & Services Policy, and Disclosure constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us.
cara@adarlingdesign.co

Affiliate Disclosure

A Darling Design participates in the use of affiliate linking. These links are used in order to provide you with direct links to our favorite products. While they are no extra cost for you to click on or purchase through, A Darling Design does receive a commission for sales made through these links. These commissions help to keep content free on the Site! Some affiliate links use third-party cookies. See the Cookies Policy for more information.

A Darling Design does participate in sponsored posting. All sponsored posts will have a disclaimer indicating who provided funding and/or product for that specific product. A Darling Design will never publish a sponsored post without appropriately disclosing the partnership. Additionally, although some posts may be sponsored, A Darling Design’s personal opinions about products and services will always be unbiased and honest.

 Our website A Darling Design a.k.a. Cara Newhart is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Safety Disclaimer

A Darling Design is a blog that is meant to empower others to build and create. That being said, please try all projects safely. Use appropriate safety gear and abide by individual tool requirements and safety advice when operating machinery. Always ask for help when necessary.

Cara Newhart cannot directly oversee every project that comes from her plans, nor can she witness what tools are being used to replicate her builds. Therefore, Cara Newhart & A Darling Design are not responsible for any injury caused by the user when implementing any plans or projects on her website or downloadable content pages.

Cookies Policy

Our website, like many others, stores and retrieves information on your browser using cookies. This Cookies Policy explains what cookies are and how we use them on our website (www.adarlingdesign.co and any subdomains).

What are Cookies?

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser or mobile device (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.  Generally, it contains certain information that is not personally identifiable to you, but is used to improve and personalize your experience.

For example, a cookie can include the time and date of visit to the website, each page viewed, the time spent on the website, and the sites visited just before and just after our site. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Types of Cookies

There are Session Cookies and Persistent Cookies, which are based on length. Persistent cookies remain stored on your computer until they’re deleted, or until they expire and are used to recognize you as a repeat visitor to the Website and adapt content to serve your preferences.

Session cookies are deleted from your computer when you close your browser and are used to remember your browsing selection or provide you with secure access to some of the services on the website, e.g. access to the Members Area.

In-house Cookies and Third-party Cookies are based on ownership. In-house cookies are managed directly by A Darling Design, while third-party cookies are set and managed by websites other than ours.

How we use Cookies

Our website uses cookies to facilitate your use of the website, distinguish you from other users, offer you a better user experience and identify problems in order to improve the website. When you give your consent, we use cookies that gather information on your preferences and tailor our website to your individual preferences.

We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

We also use cookies to help us understand how you use our website and to make advertising more engaging to our users and more valuable to publishers and advertisers.

If you interact with the content of our Website, third-party cookies may also be installed (for example, by clicking on social media buttons, affiliate links, or viewing videos housed on other sites like YouTube). They are established by a domain different than our website and are subject to the relevant websites’ policies. We cannot access the data stored in cookies of other websites when you browse these other websites.

Your Consent

When you first visit our website, browsing and remaining on our website will imply that you agree to our use of cookies as explained in this Cookies Policy.

You can decide to withdraw your consent at any time by deleting the cookies on your computer (or mobile device) using the settings and configuration of your Internet browser.

Disabling and Blocking Cookies

Our system automatically creates cookies when you visit our website. Cookies are not necessary for the use of our Website, so you can block or disable them by configuring your internet browser to allow you to block some or all cookies. Almost all browsers allow you to be alerted to the presence of cookies or block them automatically.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you block cookies, you can continue to use our website, although some services may be limited and you may not experience the full functionality of our website. If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that makes your site experience more efficient and may not function properly. However, you will still be able to place orders.

Changes to the Cookies Policy

We will notify you of any changes to the Cookies Policy by posting them on the Terms section on our Website, and they will be applicable from the date we publish them. We reserve the right to amend, update or adapt this Cookies Policy to reflect any changes in legislation or updates to the website itself.

If you need further information on the cookies used on our website, you can contact us here.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app? 

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site or provide us with feedback on our products or services.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We do not use Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?
Yes. Please see the Cookies Policy for more information

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page  in the footer or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
You will be notified of any Privacy Policy changes on our Privacy Policy Page
You can change your personal information:
• By emailing us
• By calling us
• By logging in to your account

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.

Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.

Brighter BOLD Media a.k.a. A Darling Design

700 N Colorado Blvd.
Suite 656
Denver, Colorado 80206
United States

cara@adarlingdesign.co