Terms & Conditions

Your use of the web sites on which these terms reside (including, without limitation, versions of such websites optimized for mobile) (collectively, the "Site"), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by Ana Madelyn. By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to Ana Madelyn, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Georgia law.

The terms "we," "us" and "our" refer to Ana Madelyn and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the Site.

From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Ana Madelyn may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Ana Madelyn will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

You agree not to download, display or use any Ana Madelyn Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of Ana Madelyn, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Ana Madelyn, that dilutes the strength of Ana Madelyn's property, or that otherwise infringes Ana Madelyn's intellectual property rights. You further agree to in no other way misuse any Ana Madelyn Content that appears on this Site. 

USE OF THE SITE AND POSTING POLICY

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Ana Madelyn in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Ana Madelyn in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Site, you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials ("User Content"). By using these features, you agree that you will not submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Ana Madelyn; that you will not submit or post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Ana Madelyn, or misrepresent an affiliation with another person or organization; and that you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.

You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, your User Content, or other features therein. Ana Madelyn may cancel your account and delete all User Content associated with your account at any time, and without notice, if Ana Madelyn deems that you have violated these Terms, the law, or for any other reason. Ana Madelyn assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, Ana Madelyn reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Ana Madelyn a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favor of Ana Madelyn. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.

You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Ana Madelyn, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or agents, or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to Ana Madelyn or this Site.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ana Madelyn immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Ana Madelyn is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge and is not responsible for any delay in shutting down your account after you have reported a breach of security to us. 

Despite our best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. Ana Madelyn is not responsible for typographical, pricing or other errors. Products and prices of products described on the Site are subject to change at any time without notice. Ana Madelyn reserves the right to revise pricing and other errors.

Ana Madelyn undertakes reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

REPRESENTATIONS AND LIMITATIONS OF LIABILITY

To the extent permitted by the applicable law, Ana Madelyn makes no representations about the reliability of the features of this Site, the Ana Madelyn Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Ana Madelyn makes no representations regarding the amount of time that any Ana Madelyn Content or User Content will be preserved.

Ana Madelyn does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Ana Madelyn without the prior review and written approval of Ana Madelyn.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANA MADELYN (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL ANA MADELYN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ANA MADELYN’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ANA MADELYN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ANA MADELYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THIRD PARTY WEBSITES

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Ana Madelyn to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Ana Madelyn, shall not be deemed a breach of these Terms.

If Ana Madelyn fails to act with respect to your breach or anyone else's breach on any occasion, Ana Madelyn is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Ana Madelyn and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Ana Madelyn regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement and that you agree to be bound by these Terms.

If you breach any provision of these Terms or our Privacy Policy, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Ana Madelyn Content, Representations, and Limitations of Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.