Terms of Service

The use of this website is a free service. We do not promise it is perfect, and by using the site, you agree to use it as-is. You also agree to follow the law and respect other users,. Any disputes must be filed in arbitration. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Agreement Between User and Ancient Modern Finishes

The following terms and conditions govern all use of the Ancient Modern Finishes website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Ancient Modern Finishes. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Ancient Modern Finishes Privacy Policy), and procedures that may be published from time to time on this Site by Ancient Modern Finishes (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any services. If these terms and conditions are considered an offer by Ancient Modern Finishes, acceptance is expressly limited to these terms. The Website is available only to individuals at least 13 years old.

1. Your Ancient Modern Finishes Account and Site

If you create a blog/post on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and Ancient Modern Finishes may change or remove any description or keyword that it considers inappropriate or, unlawful, or otherwise likely to cause Ancient Modern Finishes liability. You must immediately notify Ancient Modern Finishes of unauthorized use of your blog, account, or other security breaches. Ancient Modern Finishes will not be liable for any acts or omissions by You, including any damages incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available using the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
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• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;you have fully complied with any third-party licenses relating to the Content and have done all things necessary to pass through to end users any required terms successfully;
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• the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
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• the content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites, boost the search engine rankings of third-party sites, or further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
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• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
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• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
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• your blog is not named in a manner that misleads your readers into thinking you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own, and
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• in the case of Content that includes computer code, you have accurately categorized and/or described the materials' type, nature, uses, and effects, whether requested by Ancient Modern Finishes or otherwise.

By submitting Content to Ancient Modern Finishes for inclusion on your Website, you grant Ancient Modern Finishes a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely to display, distribute, and promote your blog. If you delete content, Ancient Modern Finishes will make reasonable efforts to remove it from the Website. Still, you acknowledge that caching or references to the Content may not be immediately unavailable.

Without limiting any of those representations or warranties, Ancient Modern Finishes has the right (though not the obligation) to, in Ancient Modern Finishes’ sole discretion, (i) refuse or remove any content that, in Ancient Modern Finishes’ reasonable opinion, violates any Ancient Modern Finishes policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Ancient Modern Finishes sole discretion. Ancient Modern Finishes will not be obligated to refund any amounts previously paid.
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3. Payment and Renewal

• General Terms. By selecting a product or service, you agree to pay Ancient Modern Finishes the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade, and the use of that service will be covered for a monthly or annual subscription period as indicated. Payments are not refundable.
• Automatic Renewal. Unless you notify Ancient Modern Finishes before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled anytime by submitting your request to Ancient Modern Finishes in writing.

4. Services

• Fees and Payment. By signing up for a Services account, you agree to pay Ancient Modern Finishes the applicable setup and recurring fees. Applicable fees will be invoiced from the day your services are established and before you use such services. Ancient Modern Finishes reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days’ written notice to Ancient Modern Finishes.
• Support. If your service includes access to priority email support. “Email support” means requesting technical assistance by email at any time (with reasonable efforts by Ancient Modern Finishes to respond within one business day). “Priority” means that support takes priority over support for standard or free Ancient Modern Finishes services users. All support will be provided by Ancient Modern Finishes’ standard service practices, procedures, and policies.

5. Responsibility of Website Visitors

Ancient Modern Finishes has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and cannot, therefore, be responsible for that material’s content, use, or effects. By operating the Website, Ancient Modern Finishes does not represent or imply that it endorses the material it posted or believes such material to be accurate, sound, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Ancient Modern Finishes disclaims any responsibility for any harm resulting from the use by visitors of the Website or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Ancient Modern Finishes links and that link to Ancient Modern Finishes. Ancient Modern Finishes has no control over those non-Ancient Modern Finishes websites and web pages and is not responsible for their contents or use. By linking to a non-Ancient Modern Finishes website or web page, Ancient Modern Finishes does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ancient Modern Finishes disclaims any responsibility for any harm resulting from your use of non-Ancient Modern Finishes websites and web pages.

6. Copyright Infringement and DMCA Policy

As Ancient Modern Finishes asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Ancient Modern Finishes violates your copyright, you are encouraged to notify Ancient Modern Finishes in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. Ancient Modern Finishes will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Ancient Modern Finishes will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ancient Modern Finishes or others. In the case of such termination, Ancient Modern Finishes will have no obligation to provide a refund of any amounts previously paid to Ancient Modern Finishes.

7. Intellectual Property

This Agreement does not transfer from Ancient Modern Finishes to you any Ancient Modern Finishes or third-party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with Ancient Modern Finishes. Ancient Modern Finishes, Ancient Modern Finishes, the Ancient Modern Finishes logo, and all other trademarks, service marks, graphics, and logos used in connection with Ancient Modern Finishes or the Website are trademarks or registered trademarks of Ancient Modern Finishes or Ancient Modern Finishes licensors. Other trademarks, service marks, graphics, and logos used with the Website may be the trademarks of other third parties. Using the Website grants you no right or license to reproduce or otherwise use any Ancient Modern Finishes or third-party trademarks.

8. Advertisements

Ancient Modern Finishes reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

9. Attribution

Ancient Modern Finishes reserves the right to display attribution links such as ‘Blog at Ancient Modern Finishes,’ theme author, and font attribution in your blog footer or toolbar.
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10. Partner Products

By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

11. Changes

Ancient Modern Finishes reserves the right to modify or replace any part of this Agreement at its sole discretion. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website after posting any changes to this Agreement constitutes acceptance of those changes. Ancient Modern Finishes may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination

Ancient Modern Finishes may terminate your access to all or any part of the Website immediately, with or without cause, with or without notice. If you wish to terminate this Agreement or your Ancient Modern Finishes account (if you have one), you may discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Ancient Modern Finishes if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Ancient Modern Finishes notice to you thereof; provided that, Ancient Modern Finishes can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties

The Website is provided “as is.” Ancient Modern Finishes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Ancient Modern Finishes nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.

14. Limitation of Liability

In no event will Ancient Modern Finishes, or its suppliers or licensors, be liable concerning any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ancient Modern Finishes under this agreement during the twelve (12) month period before the cause of action. Ancient Modern Finishes shall have no liability for any failure or delay due to matters beyond their control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Ancient Modern Finishes Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification

You agree to indemnify and hold harmless Ancient Modern Finishes, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. Miscellaneous

This Agreement constitutes the entire agreement between Ancient Modern Finishes and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ancient Modern Finishes or by the posting by Ancient Modern Finishes of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bonita Springs, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed by such Rules.

The arbitration shall take place in the English language in Naples, Florida, and the arbitral decision may be enforced in any court. In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ancient Modern Finishes may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.