PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR MAKING ANY PURCHASE. BY ACCESSING OR USING THE SITE, OR BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE SITE.

 

1. ACCEPTANCE OF TERMS

By browsing, accessing, using, or purchasing from the website located at https://myliumarketing.com (the "Site"), you agree to these Terms and Conditions (these "Terms") and all other policies published on the Site from time to time, each of which is incorporated herein by reference. If you do not agree to these Terms, you have no right to access or use the Site.

 

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and references to "you" shall mean that entity.

 

2. DEFINITIONS

As used in these Terms, the following terms have the meanings set forth below.

 

"Myliu Marketing LLC," "Myliu," "we," "us," or "our" refers to Myliu Marketing LLC, an Iowa limited liability company headquartered in Iowa City, Iowa.

 

"Content" means all logos, designs, text, graphics, images, software, audio, video, works of authorship, and other information or materials that are posted, generated, provided, or otherwise made available through the Site. Myliu Marketing LLC and its licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States, and you agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

 

"Digital Products" means downloadable digital files available for purchase through the Site's online shop, including but not limited to design templates and related digital assets.

 

"Physical Products" means tangible merchandise available for purchase through the Site's online shop.

 

"Site" means the website located at https://myliumarketing.com, including all of its pages, subdomains, and subparts.

 

"Terms" refers to these Terms and Conditions, together with the Privacy Policy available at https://myliumarketing.com/privacy-policy.

 

"User," "you," or "your" means any individual who accesses or uses the Site, whether or not that individual makes a purchase or registers for an account.

"User Content" refers to any photographs, comments, testimonials, reviews, or other content that Users may submit, post, or upload to the Site, or that Users tag, mention, or otherwise direct to Myliu Marketing in connection with the Site or Myliu's services. We do not claim ownership rights in User Content, and nothing in these Terms restricts any rights you may have to use and exploit your own User Content. For the license you grant us regarding User Content, see Section 8 below.

 

3. ELIGIBILITY

You may use the Site only if you are at least eighteen (18) years of age and are legally capable of entering into a binding contract. By using the Site, you represent and warrant that you meet these requirements and are not otherwise barred from using the Site under applicable law.

 

Certain state laws may limit the enforceability of certain disclaimers, exclusions, or liability limitations against you. If such laws apply to you, some provisions of these Terms may not apply in full, and you may have additional rights under applicable law.

 

4. SCOPE OF THESE TERMS

These Terms govern your use of the Site and any purchases you make through the Site's online shop. They do not govern professional services engagements with Myliu Marketing LLC, including but not limited to branding, web design, social media management, brand photography, or any other marketing or creative services. Such engagements are governed exclusively by the separate written service agreement executed between you and Myliu Marketing LLC for that specific engagement.

 

5. INTELLECTUAL PROPERTY

The Site and all Content are the proprietary property of Myliu Marketing LLC and are protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and applicable foreign jurisdictions. Except as expressly authorized in these Terms, you may not copy, modify, reproduce, distribute, republish, download, display, post, transmit, sell, or create derivative works based on any Content, in whole or in part, without our prior written consent.

 

All page headers, custom graphics, button icons, scripts, logos, and trade dress associated with Myliu Marketing LLC are our service marks, trademarks, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written consent. Other names and brands referenced on the Site may be trademarks of their respective owners.

 

You are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Myliu Marketing LLC or any third party.

 

You may not use any data mining tools, robots, scrapers, or similar data gathering or extraction methods in connection with the Site.

 

6. DMCA NOTICE AND TAKEDOWN PROCEDURE

Myliu Marketing LLC respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), we will respond promptly to claims of copyright infringement committed using the Site when those claims are reported to our designated copyright agent.

 

If you are a copyright owner, or authorized to act on behalf of a copyright owner, and you believe that material on the Site infringes your copyright, you may submit a written notification of claimed infringement to our designated DMCA agent. To be effective, your notice must include all of the following:

 

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of the copyrighted work(s) claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site (e.g., a URL);

(d) Your contact information, including your name, mailing address, telephone number, and email address;

(e) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

 

DMCA notices must be sent to our designated agent at:

Alexandra Gillian

Myliu Marketing LLC

4865 Rapid Creek Road NE

Iowa City, IA 52240

lexi@myliumarketing.com

 

We will investigate notices of claimed infringement and take appropriate action under the DMCA. Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability.

 

If you believe that material you posted on the Site was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent containing the information required by the DMCA. We will forward properly submitted counter-notifications to the complaining party within the timeframe required by the DMCA.

​

7. USER CONDUCT

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Site. Without limiting the foregoing, you agree that you will not:

 

(a) use the Site in any manner that violates applicable federal, state, or local law or regulation;

(b) copy, reproduce, or commercially exploit any Content without our prior written consent;

(c) post, upload, or transmit any User Content that is unlawful, defamatory, harassing, threatening, abusive, obscene, hateful, or otherwise objectionable;

(d) impersonate any person or entity or misrepresent your affiliation with any person or entity;

(e) introduce any viruses, malware, ransomware, or other harmful or disruptive code to the Site; or

(f) attempt to gain unauthorized access to any portion of the Site or any system or network connected to the Site.

 

Failure to comply with these Terms may subject you to civil or criminal liability.

 

8. USER CONTENT

 

8(a) Ownership.

You retain all right, title, and interest in and to any User Content you submit, post, or otherwise provide in connection with the Site. Myliu Marketing LLC does not claim ownership of User Content, and nothing in these Terms transfers any ownership rights in your User Content to us.

 

8(b) License Grant.

By submitting, posting, or otherwise providing User Content to or in connection with the Site or Myliu Marketing LLC (including by tagging Myliu Marketing LLC in social media posts, submitting a testimonial or review, completing a contact or inquiry form, or otherwise voluntarily sharing content with us), you grant Myliu Marketing LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, display, distribute, publish, and share such User Content in connection with Myliu Marketing LLC's business. This includes, without limitation, the right to display testimonials on the Site, repost client photographs and project results on social media, and use submitted content in marketing and promotional materials, with attribution where reasonably practicable.

 

This license does not restrict any rights you otherwise have to use your own User Content. You may request that we stop using specific User Content at any time by contacting us at lexi@myliumarketing.com, and we will make commercially reasonable efforts to honor such requests, except where the User Content has already been embedded in published materials that we cannot reasonably recall.

 

8(c) Representations.

By submitting User Content, you represent and warrant that: (i) you own or have the necessary rights to submit the User Content and to grant the license above; (ii) the User Content does not infringe any third-party intellectual property, privacy, or other rights; and (iii) the User Content does not violate any applicable law or these Terms.

 

9. ACCOUNT REGISTRATION

Certain areas or features of the Site may require you to register for an account. If you register, you agree to: (a) provide accurate, current, and complete information; (b) maintain the confidentiality of your account credentials; and (c) accept responsibility for all activities that occur under your account or password.

 

We reserve the right, in our sole discretion, to terminate your account, refuse service, or cancel any order at any time, for any reason or no reason, including if we believe you have violated these Terms.

 

10. PURCHASES

 

10(a) General.

By placing an order through the Site, you represent and warrant that you have the legal right to use the payment method you submit. All purchases are processed through a third-party payment processor. Myliu Marketing LLC does not collect, receive, or store your payment card number, expiration date, CVV, or other sensitive payment data. By submitting payment information to the third-party processor, you authorize the processor to charge the applicable purchase amount.

 

We reserve the right to refuse or cancel any order, limit available quantities, or discontinue any product or service at any time, with or without notice. You remain responsible for any applicable sales or use taxes on your purchases.

 

10(b) Physical Products.

When you purchase a Physical Product through the Site, you receive the tangible item described in the applicable product listing, subject to the return, refund, and shipping terms outlined in Sections 11 and 12 below and on the applicable product page.

 

10(c) Digital Products — Limited Personal License.

When you purchase a Digital Product through the Site, you receive a limited, non-exclusive, non-transferable, revocable license to use the downloaded file for your own personal business purposes only, subject to the following restrictions:

(i) Personal Use Only. The license is granted solely to the individual purchaser. You may not share, distribute, transfer, or provide access to the Digital Product to any other individual or entity, except as expressly provided in subsection (v) below.

(ii) No Resale or Sublicensing. You may not resell, sublicense, redistribute, or otherwise make the Digital Product available to third parties, whether for compensation or at no charge.

(iii) No Commercial Redistribution. You may not use the Digital Product as the basis for a new product, template, or asset that is sold, licensed, or distributed to others.

(iv) Non-Transferable. This license is personal to you and may not be assigned or transferred to any other person or entity.

(v) Authorized Assistant. You may permit one (1) virtual assistant or employee acting solely on your behalf to access and implement the Digital Product for your own business use. Such access does not transfer or expand the license; the authorized assistant may not use the Digital Product for any other purpose, and you remain responsible for ensuring compliance with these Terms.

 

Delivery of Digital Products occurs via instant download upon completion of your purchase. Because Digital Products are delivered immediately upon purchase and cannot be "returned," all sales of Digital Products are final. No refunds, exchanges, or cancellations are available after a Digital Product purchase is complete.

 

Myliu Marketing LLC retains all right, title, and interest in and to the underlying Digital Product files, including all intellectual property rights. Your purchase of a Digital Product grants only the limited license described in this Section 10(c).

 

11. RETURN, REFUND, AND EXCHANGE POLICY

 

11(a) Physical Products.

All sales of Physical Products are final. We do not accept returns or exchanges, and we do not issue refunds, except as follows: if your Physical Product arrives damaged or if you receive an incorrect item, please contact us at lexi@myliumarketing.com within seven (7) days of delivery with a description of the issue, and we will work with you to make it right.

 

11(b) Digital Products.

All sales of Digital Products are final. Because Digital Products are delivered by instant download upon purchase completion, no refunds, exchanges, or order cancellations are available under any circumstances once a purchase is complete. Please review all product descriptions carefully before completing your purchase.

 

11(c) Product Page Terms.

Additional details regarding individual products, including product-specific shipping and return information, may be found on the applicable product page. In the event of a conflict between product-page terms and these Terms, these Terms shall control with respect to the refund and return policy.

 

12. SHIPPING

We currently ship Physical Products within the contiguous United States only. Orders are processed within three (3) to five (5) business days of purchase. Once your order has shipped, you will receive a tracking number by email so you can monitor delivery. Most orders arrive within five (5) to seven (7) business days after shipment.

 

Title and risk of loss for Physical Products pass to you upon our delivery of the item to the carrier. Myliu Marketing LLC is not responsible for carrier delays, lost packages, or damage that occurs after an order has been transferred to the carrier. If you experience issues with a delivery, please contact us at lexi@myliumarketing.com, and we will do our best to assist.

 

13. PRIVACY AND COOKIES

Your use of the Site is also governed by our Privacy Policy, available on our website, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect your personal information, including our practices regarding cookies and tracking technologies. By using the Site, you consent to our data practices as described in the Privacy Policy.

 

14. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third-party websites or services ("Third-Party Sites"). Third-Party Sites are not under our control, and we are not responsible for their content, products, services, or privacy practices. We provide these links as a convenience only, and the inclusion of any link does not imply our affiliation with, endorsement of, or adoption of the linked site or any information contained therein. You access Third-Party Sites entirely at your own risk and should review their applicable terms and privacy policies before submitting any personal information.

 

15. DISCLAIMER OF WARRANTIES

THE SITE, ITS CONTENT, PHYSICAL PRODUCTS, AND DIGITAL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLIU MARKETING LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE.

 

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY IN FULL.

 

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLIU MARKETING LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, YOUR PURCHASE OR USE OF ANY PHYSICAL PRODUCTS OR DIGITAL PRODUCTS, OR THESE TERMS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MYLIU MARKETING LLC FOR PURCHASES MADE THROUGH THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

 

MYLIU MARKETING LLC SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET OUTAGES, POWER FAILURES, CARRIER DELAYS, ACTS OF GOD, FIRE, FLOOD, OR OTHER FORCE MAJEURE EVENTS.

 

THE LIMITATIONS SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MYLIU MARKETING LLC AND SHALL SURVIVE ANY TERMINATION OF THESE TERMS.

 

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL.

 

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Myliu Marketing LLC and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Site or Content; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

 

We reserve the right, at our own cost, to assume exclusive defense and control of any matter subject to indemnification by you. In that event, you agree to cooperate fully with our defense of such matter.

 

18. TERMINATION

We reserve the right, at any time and in our sole discretion, to terminate or suspend your access to or use of the Site, with or without prior notice and for any reason or no reason. Upon termination, your right to use the Site will cease immediately. We are not liable to you for any termination of your access.

The following sections survive any termination of these Terms: Sections 5, 6, 8, 15, 16, 17, 19, 20, and 21.

 

19. GOVERNING LAW; SEVERABILITY

These Terms and any dispute arising out of or related to your use of the Site shall be governed by the laws of the State of Iowa, without regard to its conflict-of-law principles.

 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

 

20. DISPUTE RESOLUTION

We genuinely hope to resolve any concerns quickly and amicably. If you have a dispute with us, we encourage you to contact us first at lexi@myliumarketing.com to seek an informal resolution. We will make good-faith efforts to resolve the matter within thirty (30) days of receiving written notice of your concern.

 

If a dispute cannot be resolved informally within thirty (30) days, the parties agree to submit the dispute to non-binding mediation with a mutually agreed-upon mediator or mediation service located in or serving Johnson County, Iowa, before initiating formal legal proceedings. The costs of mediation shall be shared equally between the parties unless the mediator orders otherwise.

 

If mediation is unsuccessful or if either party declines to participate, either party may pursue its claims in any court of competent jurisdiction in Johnson County, Iowa, or as otherwise required by applicable law.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including but not limited to claims arising from actual or threatened infringement of intellectual property rights.

 

21. GENERAL PROVISIONS

 

21(a) Entire Agreement.

These Terms, together with the Privacy Policy and any applicable product-page terms, constitute the entire agreement between you and Myliu Marketing LLC regarding your use of the Site and purchases made through the Site. These Terms supersede all prior oral or written understandings between you and Myliu Marketing LLC regarding the same subject matter. Professional services engagements are governed solely by the applicable written service agreement and are not subject to these Terms.

 

21(b) No Waiver.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Myliu Marketing LLC to be effective.

 

21(c) Assignment.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may freely assign or transfer these Terms without restriction. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

 

21(d) Notices.

Notices from Myliu Marketing LLC to you under these Terms will be posted to the Site. Notices or inquiries from you to us should be directed to lexi@myliumarketing.com.

 

21(e) No Third-Party Beneficiaries.

These Terms are for the sole benefit of you and Myliu Marketing LLC and do not confer any rights or remedies on any third party.

 

21(f) Relationship of the Parties.

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Myliu Marketing LLC.

 

21(g) Changes to These Terms.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. The "Last Updated" date at the top of this page will reflect the date of the most recent revision. Your continued use of the Site following the posting of updated Terms constitutes your acceptance of the revised Terms. Material changes will not be applied retroactively to claims or disputes that arose before the effective date of the change.

 

CONTACT INFORMATION

Myliu Marketing LLC

4865 Rapid Creek Road NE

Iowa City, IA 52240

lexi@myliumarketing.com