Terms of Use and Terms of Sale

These terms have three parts:

• Part A covers using the website.
• Part B covers buying from the store.
• Part C covers NEURAL//RUN accounts.

Our Privacy and Cookie Policy explains how we handle personal data. It is not part of this contract, but please read it.

If you are a consumer (buying for yourself, not for a business), nothing in these terms takes away the rights consumer law gives you. Where a term below seems to, the law wins.

Part A. Using the website

A1. Agreement

By using designsbyduhart.org you agree to Part A. If you do not agree, please do not use the site.

A2. What you may do

• Read, share and link. You may read the site, share links to it, and quote short parts with credit and a link.
• Code samples. Code samples shown in blog posts are for learning. You may copy them into your own projects unless a sample says otherwise.
• Demos. The live demos are for trying things out. They may reset, change or go offline at any time.

A3. What you may not do

• Break, overload or probe the site's security, except under a written agreement with us.
• Scrape the site in bulk, or use automated tools that put a load on it beyond what a person browsing would.
• Use the contact form to send spam, malware, or anything unlawful, abusive or threatening.
• Pretend to be someone else, or use the site to break the law.
• Copy the site's design, articles, images or product files and present them as your own.

A4. Intellectual property

• Ownership. Everything on the site belongs to Designs by Duhart or its licensors, unless marked otherwise: the design, writing, graphics, video, demos and code. That includes the text, layout, images, video, demo applications and product files.
• Products. Products bought from the store come with the licence at designsbyduhart.org/license (the Kit Licence), which is part of your purchase contract (Part B).

A5. Links and embedded content

Some pages link to, or let you load, other services: StackBlitz, CodeSandbox, esm.sh, Stripe and Google. We do not control them, and their own terms apply.

A6. Availability

This is a personal portfolio. We try to keep it running, but we do not promise that it will always be available or free of errors.

A7. Liability for the website

• Free information. The website and demos are free, and the information on them is general.
• What we are not liable for. As far as the law allows, we are not liable for loss caused by relying on free content or by the site being unavailable.
• What we never exclude. Liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not let us exclude.

Part B. Terms of sale

B1. What we sell

We sell digital content: downloadable files such as design kits, templates and code, delivered as a zip download straight after payment. Each product page describes what is included and any technical requirements.

B2. How the contract is made

1. You add products to your cart and choose to check out.
2. Before you go to payment, you tick a box to accept these terms and the Kit Licence. If you are a consumer, you also tick a separate box to agree to immediate delivery (see B4).
3. Stripe, our payment provider, takes your payment.
4. The contract is made when your payment is confirmed. We then show your download link and email you a confirmation.

The confirmation email is your copy of the contract on a durable medium. It contains:

• these terms, or a link to the exact version you accepted, plus a PDF copy;
• your order;
• the price;
• your acknowledgement from B4.

B3. Price and tax

• Prices. Prices are shown in US dollars on the product page and at checkout.
• Tax. We do not currently add VAT or sales tax at checkout. If that changes, the price shown at checkout will include any tax before you pay.
• Payment. Stripe processes it. We never see your full card number.

B4. Your right to cancel, and digital content

If you are a consumer in the UK or the EU, you normally have 14 days to cancel an online purchase without giving a reason. For digital content that is not on a physical medium, the right to cancel ends once the download starts, but only if you did both of these before it started:

1. gave your express consent to delivery starting straight away, within the 14-day cancellation period; and
2. acknowledged that you lose your right to cancel once delivery starts.

This is the law under:

• regulations 36 and 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the UK;
• Article 16(m) of the Consumer Rights Directive 2011/83/EU in the EU.

At checkout, you do this by ticking a separate box that says:

"I want my download now. I agree that delivery starts immediately, and I understand that I lose my 14-day right to cancel once the download starts."

• If you do not tick it, we cannot deliver straight away. Instant download is the only way we deliver, so a purchase cannot be completed without this box ticked.
• If we failed to get your consent or to send the confirmation in B2, the right to cancel does not end, and you may cancel within 14 days.

To cancel when you still have the right, email admin@designsbyduhart.org or use the model cancellation form in the Appendix. We refund within 14 days of your notice, using your original payment method.

B5. If something is wrong with what you bought

Digital content must be:

• of satisfactory quality;
• fit for any particular purpose you told us about;
• as described.

This is the law under:

• Part 1, Chapter 3 of the Consumer Rights Act 2015 in the UK;
• the Digital Content Directive (EU) 2019/770 in the EU.

If it is not, you are entitled to:

• a repair or a replacement. We will normally send a fixed file or a working download;
• a price reduction, or a refund, if a repair or replacement is not possible, does not happen within a reasonable time, or causes you significant inconvenience;
• compensation, in the UK, if faulty digital content damages your device or other digital content and we did not take reasonable care.

Email admin@designsbyduhart.org with your order number and what is wrong. These rights are in addition to anything else in these terms.

B6. Download access

• The link. Your download link works for 24 hours and up to 5 downloads. Your order page (the page you return to after paying) makes fresh links whenever you need them.
• Keep your files. Please keep your files once downloaded.
• If the link has expired. Email us and we will send a new one for free.

B7. Licence

What you may do with a product is set by the Kit Licence at designsbyduhart.org/license. Buying a product does not transfer ownership of its intellectual property.

B8. Liability for purchases

• What we are liable for. Foreseeable loss or damage caused by our breach of these terms or our negligence. We are not liable for loss that was not foreseeable when the contract was made.
• Consumers. We supply products for personal and professional use as described. We are not liable for loss of business profits if you use a consumer purchase in a business, except where the law says otherwise.
• Business buyers. Our total liability under each order is limited to the price paid for that order.
• Never excluded or limited:
  • liability for death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • your statutory rights as a consumer, including those in B4 and B5;
  • anything else the law does not allow us to exclude.

B9. Complaints and disputes

Please email admin@designsbyduhart.org first. We reply within 14 days.

Part C. NEURAL//RUN accounts

C1. The account

• Signing in. You sign in with your Google account. You must be at least 16 years old.
• Your account. You are responsible for activity on your account.
• First sign-in. You accept Part A and this Part C, and the version you accepted is recorded.

C2. Leaderboard

The leaderboard is off unless you switch it on. If you switch it on, your chosen handle and scores become public.

• Handles must not be offensive, impersonate anyone, or include personal details.
• We may change or remove a handle that breaks this rule.

C3. Fair play

• No cheating. Do not use bots, scripts, exploits or modified clients to raise scores.
• What happens if you cheat. We may remove scores or suspend accounts that break this rule. We tell you why, and you can ask a person to review it at admin@designsbyduhart.org.

C4. Free service

NEURAL//RUN is free. We may change, reset or close it. If we close it, we will give at least 30 days' notice on the site where we can.

C5. Ending your account

You can delete your account at any time by emailing admin@designsbyduhart.org. We may close accounts that break these terms.

Part D. General

D1. Changes to these terms

• What applies to you. The version you accepted applies to your order.
• Future orders and continued use. We may update these terms, and the new version applies to future orders and future use.
• Material changes for NEURAL//RUN. We tell account holders before a material change takes effect, and ask them to accept again.

D2. Governing law and courts

These terms are governed by the law of the State of Georgia, United States, and the courts of Cobb County, Georgia have jurisdiction. If you are a consumer:

• you keep the protection of the mandatory laws of the country where you live;
• you can bring claims in the courts there.

In the UK, consumers in Scotland or Northern Ireland may also bring claims in their local courts.

D3. Other terms

• Partial invalidity. If a court finds part of these terms unenforceable, the rest still applies.
• Delay. If we do not enforce a term straight away, we can still enforce it later.
• Third parties. Nobody other than you and us has rights under these terms.

D4. Contact

Designs by Duhart, admin@designsbyduhart.org. 8735 Dunwoody Place #4412, Atlanta, GA 30350, United States.

Appendix. Model cancellation form

Use this only if you still have the right to cancel (see B4).

To: Designs by Duhart, 8735 Dunwoody Place #4412, Atlanta, GA 30350, United States, admin@designsbyduhart.org

I hereby give notice that I cancel my contract for the supply of the following digital content: [ ]

Ordered on: [ ]

Name of consumer: [ ]

Address of consumer: [ ]

Signature of consumer (only if this form is sent on paper): [ ]

Date: [ ]