Terms & Conditions

This website, www.blairstaky.com (“Website”) is owned and operated by Blair Staky Web Design (“Blair Staky”). Blair Staky is a website design studio offering web design services, including but not limited to custom blog and website design, website in a day design, website templates, and freebies (“Services”). Use of this Website and any Services constitutes acceptance of these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not accept these Terms, you should immediately terminate use of the Website and Services. 

Throughout these Terms, the words, “I,” “we,” “me,” “us,” “my,” or “our” refer to the business entity, Blair Staky Web Design. The words “you” or “your” refer to any user of this Website.

GENERAL CONDITIONS

This Website and its Services are made available to you on the condition of your acceptance of these Terms. New information, products, and/or services added to Blair Staky are subject to the current Terms. Please read these Terms prior to engaging with content on our Website. 

Blair Staky reserves the right to update, change, and replace any part of these Terms as needed. 

By agreeing to these Terms, you consent that you are at least (a) the age of majority in your jurisdiction; or (b) that you are at least the age of majority in your jurisdiction, and you have given us permission to let any minors in your charge use our Website. 

You must not use our Website or Services to transmit any worms, viruses, or any code of a destructive nature; promote or distribute hateful, discriminatory, or provocative language; or break the law or incite others to break the law.

We reserve the right to block anyone and/or refuse Services to anyone for any reason at any time. 

By using the Website and its Services, you understand that it is against the law to reproduce, duplicate, copy, sell, resell, or exploit any photographs and/or copy any information provided by and produced by Blair Staky, including but not limited to the freebies offered on our Website and all template designs and copy. All material authored and designed by Blair Staky is considered copyrighted.

As part of our Services, we may make recommendations and/or provide access to optional third-party services, over which we have no control. Blair Staky provides access to these third parties as a courtesy, but Blair Staky does not endorse any third-party service unless explicitly stated. By accessing any third-party services, you agree that they are provided “as is” without any warranty on our part, and that we will not be held liable for any consequences as a result of your use.

Third-party services are subject to the terms of that third party. It is your responsibility to become familiar with their policies.

USER SUBMITTED CONTENT 

By submitting your email address to us either by subscribing to our newsletter and/or email list or by making a purchase on our Website, you agree that Blair Staky may contact you via email for any purpose that Blair Staky deems appropriate. 

Anything you post or submit to Blair Staky, whether through our Website, Blair Staky’s newsletter, or any associated social media accounts, including through use of a hashtag associated with Blair Staky, is considered public information and nonproprietary. By submitting this type of information, you agree that Blair Staky may publish, share, or otherwise distribute the content without restriction. Blair Staky is under no obligation to maintain confidentiality or privacy under these circumstances. By publishing this type of content, you are granting Blair Staky a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, publish, and modify such content. You represent that you own all rights to any content you submit to Blair Staky.

Blair Staky reserves the right to edit or remove any user-submitted content at our sole discretion. We are not liable or responsible for any content published by you or any user or third party.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using Blair Staky, its Services, and its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. 

We reserve the right to terminate your access to Blair Staky and our Services for violating any of the prohibited uses.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do our very best to make sure all information and content on our Website and our associated social media channels is accurate, complete, and current. This includes, but it not limited to, general information, product descriptions, specifications, prices, and any sale terms. However, at times, there may be typographical errors or inaccuracies. Blair Staky reserves the right to correct any errors or inaccuracies and update any information at any time (including after you place an order). Please keep in mind that these inadvertent errors or inaccuracies may relate to product pricing, availability, and descriptions. In the event that there is an error in pricing or availability, Blair Staky reserves the right to cancel any order regardless of the status of the order. 

ONLINE PURCHASES AND DOWNLOADS

Acceptable Payment & Payment Information: Blair Staky uses online payment processers, such as Stripe, Shopify, WooPayments and other processing systems, for all online purchases made through Blair Staky’s Website. Acceptable forms of payment are dictated by the online payment processor. During the checkout process, our payment processor will collect your payment information and may retain a record of it. This information is not stored by Blair Staky.

Third-Party Vendor Payments: You understand that you are responsible for any payments associated with third-party vendors associated with any purchases you make on our Website, including but not limited to website hosting and Showit subscriptions. You understand that you MUST maintain a Showit subscription service and hosting plan for any website built with a Blair Staky website template to function. Blair Staky website templates are not compatible with any other hosting platform. 

Cancellation Requests: Orders, including all template downloads, cannot be changed, modified, or cancelled after checkout. Online purchases made through Blair Staky’s Website begin processing immediately.

Return Policies: We currently do not accept returns on any purchases made through our Website.

If you have any questions or concerns at all about any of your purchases, please email us at blairstakydesign@gmail.com.

Freebies & Resources: Blair Staky provides Freebies and Resources on its Website as a courtesy to you. Blair Staky is not responsible for your use or implementation of any Freebie or Resource shared on its Website. Blair Staky is not responsible for any consequences that result from your use of such Freebies and Resources. If you choose to use any Resource listed on the Website, it is at your own risk, and you should review and be aware of any such Resource’s own policies. The recommendation of any third-party or third-party services is for convenience only and shall not be construed as a guarantee of any Resource’s work or service.

Specific Results Not Guaranteed: By using any Freebies or Resources or by purchasing any product through our Website, you understand that Blair Staky is granting you access to such products but does not guarantee any specific result from implementing or using such resources. We do not guarantee any specific results, increased website traffic, earnings, or any other result. Any examples or testimonials of other users or customers are not meant as a promise or guarantee of your own success.  

SUMMARY OF DISCLAIMERS

We do not guarantee, represent, or warrant that your use of our Website or Services will be uninterrupted, timely, secure, or error-free.

You understand that from time to time we may remove the Services and our Website for indefinite periods of time or cancel the Services and our Website at any time, without notice to you.

You agree that your use of our Services is at your own risk. The Services provided to you are “as is” and “as available” for your use and enjoyment, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Blair Staky be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or for any other claim related in any way to your use of the Services or any product related to the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Services. Because some states and jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states and jurisdictions, our liability shall be limited to the maximum extent permitted by law.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

All material authored by Blair Staky is considered copyrighted as well as any photos, videos, and designs published by Blair Staky unless otherwise noted. 

Please be mindful when sharing content and images from Blair Staky. If you would like to share any of the content and images from Blair Staky, please be sure to link back to the original content you found here on Blair Staky.

You understand that it is illegal to use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property.

INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Blair Staky, and our owners, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and any future and/or current employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY 

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

PROTECTIONS 

The failure of us to exercise or enforce any provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against us.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado.

CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

Your continued use of and access to our Website and our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION 

Questions about the Terms and Conditions should be sent to blairstakydesign@gmail.com.