Introduction
Stronger Artist is a personal website owned and operated by me, Drake Gómez. By visiting this website and accessing the information, resources, services, products, and tools I provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in my Privacy Policy (please refer to the Privacy Policy section below for more information). This agreement is in effect as of July 24, 2017.
I reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Informed use
By using this website, you understand that there are various commercial activities related to the operation of this site. Specifically, you understand that:
a. I accept forms of cash advertising, sponsorship, affiliate links, or other types of compensation, and I earn referral fees when you buy services or products advertised or promoted on this site.
b. Though I test and use all products that I endorse, and only recommend products I believe will contribute positively to my readers’ practices as artists, you should verify any claim, statistic, or other representation about a product or service with the manufacturer or provider. I am not responsible for errors stated about individual products.
c. I may accept free products in order to test them, but I do not accept products, payments, or gifts in return for positive reviews. The opinions expressed on this website do not represent those of any advertisers, affiliates, sponsors, members, or other parties associated with this website, or of any outside employers, clients, partners, or other parties with whom I have professional relationships.
d. Should you purchase a product through an advertisement or affiliate link on this site, I do not see any of your personal information. The only information I receive is that an anonymous user made a purchase on a certain date/time, and the product they bought.
Responsible use and conduct
By visiting this website and accessing the information, resources, services, products, and tools I provide, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access the Resources on this website, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources on this website. Accordingly, you are responsible for all activities that occur under your accounts.
c. Accessing (or attempting to access) any of the Resources on this website by any means other than through the means I provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources on this website through any automated, unethical, or unconventional means.
d. Engaging in any activity that disrupts or interferes with the Resources on this website, including the servers and/or networks to which the Resources on this website are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources on this website is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that I may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. You agree to indemnify and hold harmless Stronger Artist and its affiliates, directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. I reserve the right to take over the exclusive defense of any claim for which I am entitled to indemnification under this User Agreement. In such event, you shall provide such cooperation as is reasonably requested by me.
h. I may provide various open communication tools on my website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that I am not obligated to pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to my website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
Herewith, you agree to abide by the following policies regarding comments on this site:
Comments policy
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, libelous, invasive, racist, plagiaristic, or contains any type of suggestive, inappropriate, or explicit language;
ii) infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii) contains any type of unauthorized or unsolicited advertising;
iv) impersonates any person or entity, including any Stronger Artist employees or representatives.
I have the right at my sole discretion to remove any content that, in my judgment, does not comply with this User Agreement, along with any content that I feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. I am not responsible for any delay or failure in removing such content. If you post content that I choose to remove, you hereby consent to such removal, and consent to waive any claim against me.
I do not assume any liability for any content posted by you or any other third-party users of my website. However, any content posted by you using any open communication tools on my website, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Stronger Artist, and as such, gives me a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as I see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use the Resources on this website. All information provided as part of my registration process is covered by my Privacy Policy.
Privacy
Your privacy is very important to me, which is why I’ve created a separate Privacy Policy in order to explain in detail how I collect, manage, process, secure, and store your private information. My Privacy Policy is included under the scope of this User Agreement. To read the Stronger Artist Privacy Policy in its entirety, click here.
Limitation of warranties
By using my website, you understand and agree that all Resources I provide are “as is” and “as available”. This means that I do not represent or warrant to you that:
a. The use of the Resources on this website will meet your needs or requirements.
b. The use of the Resources on this website will be uninterrupted, timely, secure or free from errors.
c. The information obtained by using the Resources on this website will be accurate or reliable.
d. Any defects in the operation or functionality of any Resources I provide will be repaired or corrected.
Furthermore, you understand and agree that:
e. Any content downloaded or otherwise obtained through the use of the Resources on this website is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f. No information or advice, whether expressed, implied, oral, or written, obtained by you from Stronger Artist or through any Resources I provide, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against me shall be limited to the amount you paid, if any, for use of products and/or services. I will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using the Resources on this website, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on strongerartist.com, including but not limited to text, graphics, company and product names, code, images, and logos (except where noted otherwise), along with the characters of Max, Mydi, and Darwin and their representations, are the intellectual property of Drake Gómez, and are protected by applicable copyright and trademark law. Cartoon illustrations are the copyright of Mikayla Lewis, © 2018. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited, unless specifically authorized by me.
Termination of use
You agree that I may, at my sole discretion, suspend or terminate your access to all or part of my website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources on this website will immediately cease, and I reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing law
This website is controlled by me from my offices located in the state of Pennsylvania, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the United States, by accessing my website you agree that the statutes and laws of the United States of America and the state of Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the state courts of Pennsylvania or the federal courts of the United States of America. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, I, DRAKE GOMEZ EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Contact information
If you have any questions or comments about these, my Terms of Use, as outlined above, you can contact me by using the site’s Contact Page, or by writing:
Stronger Artist
PO Box 83
Dalton, PA 18414
USA
