AEVITERNAL DESIGNS TERMS OF SERVICE

1. Introduction and Acceptance of Terms

Please carefully read these Terms of Use (this “Agreement”). This Agreement is between you (“User,” “you,” or “your”) and Aeviternal Designs (“we,” “us,” or “our”), an independent creative business, and governs your use of this website, its related services, content, and materials (collectively, the “Site”).

By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms as posted, without further modification. If you do not agree to these Terms of Use, please do not access or use the Site.

If you are accessing or using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.

2. Intellectual Property Rights

All content and materials on the Site, including but not limited to text, graphics, logos, images, artwork, photographs, designs, digital files, and any other materials (collectively, “Content”), are the sole property of Aeviternal Designs or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, display, perform, create derivative works from, or otherwise use any Content without the express written permission of Aeviternal Designs. Unauthorized use of the Content may violate copyright, trademark, and other laws and may result in legal action.

3. Permitted Use and User Restrictions

You may access and use the Site and its content strictly in accordance with these Terms. Your permitted use depends on whether you are a client, customer, or visitor:

  • Clients and Customers: If you commission work or purchase licensed Products (such as digital files, artwork, or merchandise), you are granted a limited, non-exclusive license to use such deliverables or Products only as specified in your purchase agreement or product description.
  • Visitors and Users: Unless otherwise specified, all other Site content—including blog posts, free images, previews, and excerpts—is provided solely for personal, informational, and non-commercial use. Such content may not be copied, redistributed, reproduced, or sold without prior written permission.

You agree not to:

  • Use the Site, Content, or Products for any unlawful or unauthorized purpose.
  • Copy, reproduce, republish, upload, post, transmit, distribute, or create derivative works from any Content or Products without express written permission, except as permitted by your license or agreement.
  • Use automated tools (such as bots, scrapers, or spiders) to access or collect data from the Site without prior authorization.
  • Interfere with or disrupt the Site’s security, functionality, or user experience.
  • Transmit any viruses, malware, or other harmful code.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Use the Site to harass, abuse, or harm others.

4. Products and Digital Content

Aeviternal Designs may offer digital and physical products through the Site, including but not limited to artwork, illustrations, photography, merchandise, downloadable design files, and excerpts from published materials (“Products”).

Unless otherwise explicitly permitted:

  • You may not resell, redistribute, sublicense, or otherwise make the Product available to any third party.
  • You may not modify, reverse-engineer, or create derivative works from the Product in a way that compromises the original work’s integrity or falsely attributes authorship.
  • You may not use any Product in connection with defamatory, illegal, or harmful content.

All Products are the intellectual property of Aeviternal Designs and are protected under applicable copyright and intellectual property laws. Unauthorized use may result in legal action.

5. Third-Party Links

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Aeviternal Designs. These links are provided for your convenience and informational purposes only. We encourage you to review third-party site policies carefully before use.

We do not endorse or assume any responsibility for the content, policies, or practices of any third-party websites. You acknowledge and agree that Aeviternal Designs shall not be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

You are solely responsible for reviewing and complying with the terms and privacy policies of any third-party websites you access.

6. User Submissions and Communication

By submitting or posting any content, feedback, questions, comments, suggestions, or other materials to Aeviternal Designs through the Site or via email, social media, or other means of communication (“User Submissions”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format now known or later developed.

You represent and warrant that you own or otherwise control all rights in and to your User Submissions and that such submissions do not infringe or violate the rights of any third party, including intellectual property rights, privacy, or publicity rights.

We do not claim ownership of your User Submissions. However, please do not submit any confidential or sensitive personal information through these channels, as communications and materials sent to Aeviternal Designs—including but not limited to comments, feedback, and suggestions—are not considered confidential and may be used without limitation or obligation as described in our Privacy Policy.

We reserve the right (but are not obligated) to monitor, edit, or remove any User Submissions for any reason, including content we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of these Terms.

7. Disclaimer of Warranties

The Site, its content, and any products or services offered, are provided on an "as is" and "as available" basis without any warranties, express or implied. To the fullest extent permitted by law, Aeviternal Designs disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

While we strive to maintain an accurate, reliable, and secure Site and content, we do not guarantee that:

  • The Site or its content will be error-free or free of inaccuracies
  • Access to the Site will be uninterrupted or completely secure
  • Any defects, errors, or issues will be promptly corrected
  • The Site or the servers hosting it are free of viruses, malware, or other harmful components

You acknowledge and agree that your use of the Site, its content, and any products or services is at your own risk. Aeviternal Designs shall not be liable for any damages arising from your access to or use of the Site or any materials, content, or services provided through it.

8. Limitation of Liability

To the fullest extent permitted by law, Aeviternal Designs, its owners, affiliates, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the Site, its content, products, or services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses—even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for any claim arising out of or relating to the Site or its use exceed the amount you paid, if any, to access or use the Site or purchase products or services from us.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. Where such exclusions or limitations are not permitted by law, liability shall be limited to the fullest extent permitted.

9. Indemnification

You agree to indemnify, defend, and hold harmless Aeviternal Designs, its affiliates, licensors, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and costs of investigation, arising out of or related to:

  • Your use of or conduct on the Site or in connection with any Products or Services.
  • Your violation or breach of these Terms of Use or any applicable law, statute, ordinance, or regulation.
  • Your infringement or alleged infringement of any intellectual property, proprietary rights, or other rights of any third party.
  • Any User Submissions, communications, or content you provide through the Site.

This indemnification obligation shall survive the termination of your access to and use of the Site. This includes, but is not limited to, any costs or damages resulting from your violation of these Terms.

10. Termination of Access

Aeviternal Designs reserves the right, in its sole discretion, to suspend or terminate your access to the Site, Products, or Services, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms of Use.
  • Engaging in unlawful, abusive, or harmful conduct.
  • Any conduct that threatens the security, integrity, or proper functioning of the Site.
  • Non-payment or breach of any agreement related to Products or Services.

Upon termination, all licenses and rights granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Site, Products, and Services. Termination of access shall not limit Aeviternal Designs’ rights or remedies at law or in equity. We reserve this right to ensure a safe, secure, and fair experience for all users.

11. Modifications to Terms

Aeviternal Designs reserves the right to update, modify, or change these Terms of Use at any time, without prior notice.

Any changes will be effective immediately upon posting on the Site. Your continued use of the Site, Products, or Services after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.

If you do not agree to the modified Terms, you must stop using the Site, Products, and Services.

12. Severability

If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions.

13. Governing Law

These Terms of Use and any disputes arising out of or relating to them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Illinois for any disputes arising under or related to these Terms.

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Use or the Site, please contact Aeviternal Designs at:

  • Email: AeviternalDesigns@gmail.com

We strive to respond to all inquiries promptly and appreciate your communication.