Last updated April 25, 2023 

All content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, and products (collectively, the “Content”) ordered or provided on or through the website AlexandraShiluk.com (the “Site”) may be used solely under the following legally binding terms and conditions. (“Terms and Conditions”).  

By browsing and using the Site you are agreeing to comply with and be bound by the following Terms and Conditions of use which, together with our Privacy Policy, govern your relationship to the Site. 

These Terms and Conditions are effective immediately and dated 25 April 2023. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Site after the date such revised Legal Terms are posted. 

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property.

Alexandra Shiluk owns the copyright for all text, images / artworks featured on this website.

This gives Alexandra Shiluk the exclusive right to do and to authorize others to do the following: 

  • Reproduce the work in copies 
  • Prepare derivative works based upon the work 
  • Distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending 
  • Display the work publicly 

It is illegal to reproduce, or copy, Alexandra Shiluk’s intellectual property in any way. 

If you reproduce Alexandra’s intellectual property, without Alexandra Shiluk’s written consent, you are guilty of copyright infringement and will be prosecuted. 

All Content provided on the Site, including all products and services, are the intellectual property of Alexandra Shiluk. The Content of the Site is protected by copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of this website, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the site. We reserve the right to immediately remove your access to the site, including any products or services offered through the site, without refund, or take legal action if you are caught violating this intellectual property policy. 

License to Use the Website.

Any use of the website or content not specifically permitted under this agreement is strictly prohibited. 

The Site and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and / or other proprietary rights and laws of the U.S. and other countries. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website and the Content according to this Agreement. We reserve all rights, titles and interest not expressly granted under this license to the fullest extent possible under applicable laws. 

The Content are provided “AS IS” for your personal, non-commercial use or internal business purpose only. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require our written permission. Downloads and copies of these websites are permitted for private use only. The commercial use of our Content without permission is prohibited. Copyright laws of third parties are respected as long as the contents on these websites do not originate from the Site. Contributions of third parties are not included in the Site. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately 

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:  

  • Access the Site; and 
  • Download or print a copy of any portion of the Content to which you have properly gained access. 

Solely for your personal, non-commercial use or internal business purpose. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Site and no Content or may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

If you wish to make any use of the Content other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@alexandrashiluk.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Content, you must identify Alexandra Shiluk as the owners or licensors of the Content and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying the Content. 

We reserve all rights not expressly granted to you in and to the Site and Content. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Site will terminate immediately. 

Your Submissions. 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Site to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Site. 

Submissions. We do not claim ownership of Submissions you supply to AlexandraShiluk.com. However, the act of posting Submissions to the site conveys an irrevocable, worldwide license to Alexandra Shiluk to use and distribute the Submissions in connection with the site and any related Alexandra Shiluk publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the site. By submitting materials to us, you agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. 

You are responsible for what you post or upload. By sending us Submissions through any part of the Site you: 

  • Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; 
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission; 
  • Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and 
  • Warrant and represent that your Submissions do not constitute confidential information. 

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 

USER REPRESENTATIONS 

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information. 
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and / or the Content contained therein. 
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
  • Use any information obtained from the Site in order to harass, abuse, or harm another person. 
  • Make improper use of support services or submit false reports of abuse or misconduct. 
  • Use the Site in a manner inconsistent with any applicable laws or regulations. 
  • Engage in unauthorized framing of or linking to the Site. 
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
  • Delete the copyright or other proprietary rights notice from any Content. 
  • Attempt to impersonate another user or person or use the username of another user. 
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
  • Harass, annoy, intimidate, or threaten any of our agents engaged in providing any portion of the Site to you. 
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software. 
  • Make any unauthorized use of the Site, including collecting usernames and / or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
  • Use the Site as part of any effort to compete with us or otherwise use the Services and / or the Content for any revenue-generating endeavor or commercial enterprise. 

THIRD-PARTY WEBSITES AND CONTENT 

The Site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Alexandra Shiluk. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

PRIVACY 

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.  

Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

SECURITY 

Users of the Site are responsible for their own online security. Alexandra Shiluk in no way claims responsibility for breaches of security including, but not limited to, compromised credit cards, compromised account information, trojan horses, viruses, malware, or any other form of malicious digital attack. 

TERM AND TERMINATION 

These Legal Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

GOVERNING LAW 

These Legal Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. 

DISPUTE RESOLUTION 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. 

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

SEVERABILITY 

If any term, provision, covenant, or condition of these Legal Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

ASSIGNMENT 

These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. 

LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

NOTICES

Questions about these Terms and Conditions should be addressed to: 

Alexandra Shiluk 

San Francisco, CA, USA 

+1.415.404.9410  

contact@alexandrashiluk.com