Michelle Garcia dba Hallelujah Blue
Information We May Collect
Member Data: The information we may collect from Members to our website, will be voluntarily supplied by the user of our Service and may include certain identifying information such as name, address, phone number and email. Collection of this information is necessary for us to process your Membership. We will not sell or rent your personal information.
Use of the information We May Collect
The security of your personal information is important to us. We will follow generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission over the Internet or method of electronic storage is 100% secure and we cannot guarantee its absolute security.
Michelle Garcia dba Hallelujah Blue Media, LLC
__4006 W. Appaloosa Road___
___Coeur d’Alene, Idaho 83815_
Terms and Conditions – Michelle Garcia dba Hallelujah Blue
PLEASE REVIEW THIS END USER AGREEEMENT (THIS “AGREEMENT”) CAREFULLY, AS IT MICHELLE GARCIA DBA HALLELUJAH BLUE, MICHI GARCIA, HALLELUJAHBLUE.COM AND ITS AFFILIATES (“MICHELLE GARCIA DBA HALLELUJAH BLUE”, “OUR” OR “WE”) WITH RESPECT TO THE USE OF OUR SERVICES (“SERVICES”). BY USING OUR SERVICES OR WEBSITE , YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN OR AS AMENDED FROM TIME TO TIME BY MICHELLE GARCIA DBA HALLELUJAH BLUE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.
1. Services. Our Services include providing artwork (Content) produced by MICHELLE GARCIA DBA HALLELUJAH BLUE. One type of art offered is commonly referred to as a giclee, meaning a reproduction print on canvas from a digital image. Commissioned artwork is also available upon special request. MICHELLE GARCIA DBA HALLELUJAH BLUE does not charge a fee for services offered on the website including viewing art or the newsletter membership (Membership) notification. If or when comments are allowed, they are made with the understanding that not all comments are guaranteed to be published.
MICHELLE GARCIA DBA HALLELUJAH BLUE and its Affiliates will not be liable for any comments or interaction between You, Users or Members. This includes, but is not limited to, slander, libel, any material displayed in the comments, statements or replies, or any other terms, conditions, warranties or representations associated with the Content or comments on any MICHELLE GARCIA DBA HALLELUJAH BLUE site. Users or Members who find any Content or comments objectionable or offensive should not view the Content or use our Services. Any Content or comments on our site is not to be considered professional advice whether legal, financial or otherwise. You are advised to seek the guidance of a licensed professional before following any suggestions offered. MICHELLE GARCIA DBA HALLELUJAH BLUE does not edit or censor any comments and is not responsible for any damage or losses incurred as a result of the publication of any Comments. However, MICHELLE GARCIA DBA HALLELUJAH BLUE reserves the right to remove any Comments or cancel any Membership at anytime for any reason. All interactions are solely between You, Users and Members. MICHELLE GARCIA DBA HALLELUJAH BLUE is under no obligation to become involved in disputes between You, Users or Members. By using our Service You agree to release MICHELLE GARCIA DBA HALLELUJAH BLUE, its officers, directors, employees, agents and successors from any claims, damages and demands, whether known or unknown, arising out of or related to use of the Content or our Services.
2. Fees. MICHELLE GARCIA DBA HALLELUJAH BLUE does not currently charge a fee to become a Member of any of our sites. However, MICHELLE GARCIA DBA HALLELUJAH BLUE reserves the right to charge a user fee (“Fee”) at anytime in the future. Members will be notified before being charged a Fee. Any Fee charged must be authorized by the Member. Any Fees charged by MICHELLE GARCIA DBA HALLELUJAH BLUE will not include any charges, fees or discounts assessed by third party payment processors, including but not limited to credit card processing fees. Members are encouraged to check the current Terms and Conditions to verify whether MICHELLE GARCIA DBA HALLELUJAH BLUE has enacted any Fees.
3. Content and Comments. You agree not to post content or comments that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current or (viii) contains material that we deem to be solely marketing or advertising. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. MICHELLE GARCIA DBA HALLELUJAH BLUE reserves the right, in its sole discretion, to remove any content or comments that violates these provisions. Further. MICHELLE GARCIA DBA HALLELUJAH BLUE may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to the service immediately and without notice, for any Member that is found to be violating these provisions.
Content, artwork, images, pictures and logos on the MICHELLE GARCIA DBA HALLELUJAH BLUE websites is copyright protected. You agree not to copy or repost any Content from the MICHELLE GARCIA DBA HALLELUJAH BLUE sites without the written permission of MICHELLE GARCIA DBA HALLELUJAH BLUE.
MICHELLE GARCIA DBA HALLELUJAH BLUE does not and cannot guarantee the authenticity of User comments. Users and Members use the Service at their own discretion and are solely responsible for any damage or loss resulting said use.
4. Licenses. By posting any User Content, You represent and warrant to MICHELLE GARCIA DBA HALLELUJAH BLUE that you have the right to grant to MICHELLE GARCIA DBA HALLELUJAH BLUE a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use your User comments or Content in any way, form or part, whether known or hereinafter developed for use in connection with the Service.
5. Proprietary Rights. Members retain the ownership rights to their User Content. All other material herein and a part of the Service, including but not limited to, software, texts, graphics, images, logos, patents, trademarks, service marks, copyrights, photographs, audios and videos and all intellectual property rights related thereto are the sole property of MICHELLE GARCIA DBA HALLELUJAH BLUE. Unless otherwise provided in this Agreement, this Agreement shall not be deemed to create a license in or under such intellectual property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivates materials or content from this Service.
7. DCMA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify MICHELLE GARCIA DBA HALLELUJAH BLUE, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit MICHELLE GARCIA DBA HALLELUJAH BLUE to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the MICHELLE GARCIA DBA HALLELUJAH BLUE:
MICHELLE GARCIA DBA HALLELUJAH BLUE
Attn: DMCA Notice
_4006 W. Appaloosa Road_
_Coeur d’Alene, ID 83815____
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is for notifying MICHELLE GARCIA DBA HALLELUJAH BLUE that your copyrighted material has been infringed. The preceding requirements are intended to comply with MICHELLE GARCIA DBA HALLELUJAH BLUE’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but does not constitute legal advice. It may be advisable for you contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
8. User Representations. You represent that you are eighteen (18) years of age or older. If you are under 18, you must be at least 13 years of age or older and possess legal parental or guardian consent or are a emancipated minor and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations and warranties as set forth in this Agreement and are able to abide by this Agreement. If you are not at least 13 years of age, you are not allowed to use our Services. Further, You represent that You have the written consent of each and every person whose content You are using and you have their permission to use their name and likeness as described in this Agreement, and those people have released You from liability for such use. Further, You represent that your User Content and MICHELLE GARCIA DBA HALLELUJAH BLUE’s use thereof, under this Agreement, will not infringe on the intellectual property rights or any other rights of third parties.
9. Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AND IS TO BE USED ON A “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ARE USING THIS SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MICHELLE GARCIA DBA HALLELUJAH BLUE DOES NOT WARRANT THE CONTENT IS CORRECT OR RELIABLE; THAT THE SERVICE WILL BE AVAILBLE AT ALL TIMES OR LOCATIONS; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE IS SECURE OR THAT THE SERVICE IS FREE OF DEFECTS, ERRORS, HARMFUL COMPONENTS OR VIRUSES. ANY CONTENT ACCESSED OR DOWNLOADED FROM THIS SITE IS DONE AT YOUR OWN RISK. MICHELLE GARCIA DBA HALLELUJAH BLUE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA AS A RESULT OF USE OR DOWNLOADING FROM THIS SERVICE.
10. Indemnification. You agree to indemnify, defend and hold harmless MICHELLE GARCIA DBA HALLELUJAH BLUE, and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) your act(s) or omission(s); (ii) your violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada’s Fighting Internet and Wireless Spam Act; (iii) your breach of any term or condition set forth in this Agreement; (iv) your breach of any of representation(s) or warranties set forth herein; and/or (v) your infringement or misappropriation of any intellectual property rights or other rights of any person or entity.
11. Limitation of Liability. In no event will MICHELLE GARCIA DBA HALLELUJAH BLUE or any of its representatives be liable to a Member or any other party for any special, direct, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the service or to this Agreement. No claim may be asserted by You against MICHELLE GARCIA DBA HALLELUJAH BLUE more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or MICHELLE GARCIA DBA HALLELUJAH BLUE’s non-provision, of the Services, Member’s sole and exclusive remedy shall be for MICHELLE GARCIA DBA HALLELUJAH BLUE to use commercially reasonable efforts to repair or provide the Services.
A. Governing Law. This Agreement will be governed by the laws of the state of Idaho as applied to agreements entered into and performed, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
B. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Idaho. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, MICHELLE GARCIA DBA HALLELUJAH BLUE shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in Idaho, City of Coeur d’Alene, to which jurisdiction, for such purpose, You hereby irrevocably consent.
C. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
D. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
E. Entire Agreement. This Agreement, as amended from time to time by MICHELLE GARCIA DBA HALLELUJAH BLUE, constitutes the entire agreement and understanding between You and MICHELLE GARCIA DBA HALLELUJAH BLUE and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the MICHELLE GARCIA DBA HALLELUJAH BLUE and Member.
F. No Waivers. MICHELLE GARCIA DBA HALLELUJAH BLUE failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
G. Notice. MICHELLE GARCIA DBA HALLELUJAH BLUE may provide Member with general notice by electronic mail to Member’s e-mail address of record, or by written communication sent by first class mail or pre-paid post to Member’s address of record, or to such other address designated by Member and communicated to MICHELLE GARCIA DBA HALLELUJAH BLUE in accordance with the notice delivery provisions stated above. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Member must give notice to MICHELLE GARCIA DBA HALLELUJAH BLUE (such notice shall be deemed given when received by MICHELLE GARCIA DBA HALLELUJAH BLUE) by using one of the following means: (i) letter delivered by a nationally recognized overnight delivery service; or (ii) by first class postage, return receipt requested, prepaid mail to MICHELLE GARCIA DBA HALLELUJAH BLUE; in either event, to the following address: MICHELLE GARCIA DBA HALLELUJAH BLUE _PO Box 533, Coeur d’Alene, ID 83816.