Legal & Privacy

Terms & Conditions of Use | Privacy Policy | Disclaimer | Terms of Purchase

Terms & Conditions of Use

Last Updated: September 15, 2023

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Steve Danyew, DBA Danyew Creative (“Company,” “I” or “me”).

These Terms, together with my Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.stevedanyew.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user. 

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

PRIVACY POLICY

Your use of the Website is also subject to my Privacy Policy. Please review my Privacy Policy, which also governs the Website and informs users of my data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to my Disclaimer. Please review my Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

NO USE BY MINORS

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. 

LAWFUL PURPOSES

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

USE OF FREE DOWNLOADABLE CONTENT

I may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). I grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Gated Content in any manner. 

You agree that you may only use the Gated Content for your personal or internal business use. You agree that you will not sell, redistribute, or create any derivative works based upon the Gated Content and you will not offer any competing products or services based upon any information contained in the Gated Content.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, submitting, inputting, providing, or otherwise making available any photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant me a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

I claim no intellectual property rights over your Submissions. You retain copyrights and any other rights you may rightfully hold in any Submissions you submit through the Website. 

You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. 

By making a Submission to the Website, you represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold me 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 arising from your Submissions.

You further grant me the right to use your Submission for the purpose of improving my Website, products, or services (and for any other purpose I deem necessary or desirable) without being obliged to pay you any compensation for my use of your Submission. I am under no obligation to post or use any Submission you may provide and may remove any Submission at any time at my sole discretion. If you do send me unsolicited ideas, such ideas will be deemed non-confidential, and I will not be required to provide any acknowledgment of their source.

MY INTELLECTUAL PROPERTY

The Website contains intellectual property owned by me, including trademarks, copyrights, proprietary information, and other intellectual property. I reserve all rights in and to my common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to me or to my licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, perform, or in any way exploit in any format whatsoever any of my IP in whole or in part, without my prior written consent. I reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

Use License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms & Conditions of Use. This is the grant of a license, not a transfer of title, and under this license, you may not:

• copy the music or forward electronic copies to others;

• use the materials for any commercial purpose or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on the Website;

• remove any copyright or other proprietary notations from the materials;

• sub-license, assign, transfer, or sell the materials to another person;

• "mirror" the materials on any other server;

• use any automated service to monitor or copy content on the Website; and

• use the Website or any data on the Website to create or send unsolicited emails or any content that would violate these Terms and Conditions.

As a condition of your use of the Website, you warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is my property or the property of my licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content. You agree not to delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual or internal business use and will make no other use of the Content without my express written permission or permission from the copyright owner. You agree that you do not acquire any ownership rights in any protected content. I do not grant you any licenses, express or implied, to my intellectual property or that of my licensors except as expressly authorized by these Terms.

My name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are the trademarks of my Company or of my affiliates or licensors. You must not use such marks without my prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

COPYRIGHT INFRINGEMENTS

I respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify me using the contact information provided below (a “Notification”).

Your request must follow the requirements outlined by the Digital Millennium Copyright Act of 1998 (the "DMCA") and the request must be in writing. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

CHANGED TERMS

I may at any time amend these Terms, including my Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon notice to you by me posting the new Terms on this Website. I reserve the right to update any portion of my Website, including these Terms, at any time. If you continue to use my Website after I have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimers.

NO WARRANTIES 

While I make every effort to ensure that the content on this Website is free from errors, I do not give any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, I provide my website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE. 

ADDITIONALLY, I AM NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF MY NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. 

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM ME.

NO GUARANTEE OF AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption or delay. I reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Due to the nature of the Internet and electronic communications, I and my service providers do not make any warranty that my Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. I will not be liable to you should my Website or the resources or services supplied through my Website become unavailable, interrupted, or delayed for any reason. On occasion, I may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Information provided on the Website and any resources provided on or available for download from the Website is subject to change. I make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. I disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.

MALICIOUS CODE

Although I endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to my Website, I do not guarantee or warrant that my Website, or any data available on the Website, does not contain malicious code. I will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing my Website does not expose your computer system to the risk of interference or damage from malicious code.

SECURITY 

The security of your contact information is of utmost importance to me.  However, you acknowledge the risk of unauthorized access to, or alteration of, your data. I do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. I do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.

THIRD-PARTY RESOURCES

The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with me. I do not guarantee and am not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with me. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

I may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. I do not control the information provided by such third-party guests, am not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

INDEMNIFICATION

You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third-party claim or waive any defense without my prior written consent.

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between us pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing.

GOVERNING LAW; JURISDICTION

These Terms, with the Privacy Policy and Disclaimers, shall be construed in accordance with, and governed by, the laws of the State of New York, and the courts of New York shall have jurisdiction to hear and determine any dispute arising in relation to these Terms.  You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in Monroe County, New York, and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

ALTERNATIVE DISPUTE RESOLUTION

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. 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.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by me. If you do not see a usage scenario here that applies to your intended usage, contact me at steve@stevedanyew.com.

CONTACT INFORMATION

The owner of this website is Steve Danyew, DBA Danyew Creative. You may contact me by email at steve@stevedanyew.com or by mail at P.O. Box 10146, Rochester, NY 14610.

Privacy Policy

Last updated: September 15, 2023

This Privacy Policy describes how Steve Danyew, DBA Danyew Creative (“I” or “me”) collects, uses, and shares your personal information when you use the website www.stevedanyew.com and any subdomains (the “Website”).

Topics:

• Personal information I collect

• How I use your personal information

• How I share your personal information

• How I store your data

• Email marketing

• Your data protection rights

• Third-party websites

• Changes

• Contact Me

Personal Information I Collect

When you visit the Website, certain information about your device is collected automatically. This includes information about your web browser, IP address, time zone, and some of the cookies installed on your device. Additional data is collected automatically as you browse the Website, including information about the individual web pages or products you view, what websites or search terms referred you to the Website, and how you interact with the Website. I refer to this automatically-collected information as “Device Information.”

Device Information is collected using the following technologies: 

• “Cookies” are data files placed on your device or computer. They often include an anonymous unique identifier. For more information about cookies and how to disable them, visit http://www.allaboutcookies.org  

• “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 

• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Website. 

I use Device Information for:

• Functionality: To recognize you on my website and recognize your previously selected preferences, including your preferred language and your location. 

• Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address.

You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of my website features may not function if you disable cookies. Please note that the Website’s data collection and use practices are not altered by a Do Not Track signal from your browser.

I also collect data you provide to me directly. I refer to the data you provide as “Provided Information.” I collect and process data you provide when you:

• Complete and submit an order form for any of my products

• Voluntarily submit a message via my contact form or via email

• Provide your email address in exchange for access to a free resource

• Sign up for my email newsletter or subscribe to any of my regular content

• Submit an intake form for any of my services

The Provided Information I collect may include:

• Personal identification information (name, email address, phone number, etc.)

• Billing information (billing address, shipping address, payment information, etc.)

• Business information (name of your business, business model, business goals)

When I talk about “Personal Information” in this Privacy Policy, I am talking both about Device Information and Provided Information.

How I Use Your Personal Information

I use the Provided Information that I collect generally to fulfill any orders placed through the Website (including delivering products and providing you with invoices and/or order confirmations). Additionally, I use Provided Information to: 

• Communicate with you; 

• Screen my orders for potential risk or fraud; and 

• When in line with the preferences you have shared with me, provide you with information or advertising relating to my products or services. 

I use the Device Information that I collect to help me screen for potential risk and fraud (in particular, your IP address), and more generally, to improve and optimize my Website (for example, by generating analytics about how customers browse and interact with the Website, and to assess the success of my marketing and advertising campaigns).

How I Share Your Personal Information 

I share your Personal Information with third parties to help me use your Personal Information, as described above. For example, I use Google Analytics to help me understand how visitors use the Website—you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

The types of third parties with whom I might share elements of your Personal Information include:

• Payment processors engaged by me to securely store and handle payment information, such as credit or debit card information

• Providers of email management and distribution tools

• Providers of data aggregation and analytics software services that allow me to effectively monitor and optimize my site

• Providers of printing services to process and fulfill print orders

I may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information I receive, or to otherwise protect my rights. 

How I Store Your Data

I process and store your data using the following providers:

• MailChimp

• Google

• PayPal

• Squarespace

• Black Ribbon

• Wave Accounting

Please visit their individual websites for information on the physical location of their servers where your information is stored.

I use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of any information that may be stored on my servers. Of course, no computer network or data transmission on the Internet can be guaranteed to be 100% secure, so you submit your information at your own risk.

I will maintain your Personal Information for my records unless and until you ask me to delete this information. 

Email Marketing

If you make a purchase on this Website, download a free resource in exchange for your email address, and/or opt-in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence. I am not responsible for the receipt of any such emails. You are responsible for ensuring my email address is not blocked or forwarded to your spam folder.

You have the right to stop me from contacting you for marketing purposes at any time. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Website, including promotions or product updates.

Your Data Protection Rights 

If you are a European resident, you have the right to access personal information I hold about you and to ask that your personal information be corrected, updated, or deleted. Under certain conditions, you may also have the right to restrict or object to my processing of your data, and to request that I transfer your Personal Information to another organization. If you would like to exercise any of these rights, please contact me through the contact information below. 

Additionally, if you are a European resident, note that I am processing your information to fulfill contracts I might have with you (for example, if you make an order through the Website), or otherwise to pursue my legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States. 

Third-Party Websites

My privacy policy applies only to my website. I am not responsible for the data collection, privacy practices, or policies of any third-party site to which I may provide a link or that may link to my site. I encourage you to read the privacy statement and terms of use of other sites.

Changes

I may update this privacy policy from time to time to reflect, for example, changes to my practices or for other operational, legal, or regulatory reasons. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon publication on my Website.

Complaints

If you have any complaints about how I use your Personal Information, please contact me so I can resolve the issue whenever possible. Residents of the European Union also have the right to lodge a complaint with their local data protection regulator, such as the Information Commissioner’s Office in the UK. California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact Me

For more information about my privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact me.

Email me: steve@stevedanyew.com

Write to me: P.O. Box 10146, Rochester, NY 14610

Disclaimer

This website is owned and operated by Steve Danyew, DBA Danyew Creative (“Company,” “I,” or “me”).

This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your access to and use of www.stevedanyew.com including any content, functionality, products, and services offered on or through www.stevedanyew.com or any subdomains (the “Website”), whether as a guest or a registered user.

Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, you must not access or use the Website.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources, information, webinars, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only. 

NOT PROFESSIONAL ADVICE

The information contained on this Website and in Services provided by the Company are not intended as, and shall not be understood or construed as, professional advice, including but not limited to legal, financial, mental health, tax, or other professional advice. While the contributors and owner of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a qualified professional who is aware of the facts and circumstances of your individual situation.

I have done my best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.

Neither the Company nor its owner shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

USER’S PERSONAL RESPONSIBILITY

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and in the Resources. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or in the Resources.

NO GUARANTEES

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

TESTIMONIALS

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.

CONTACT ME

I welcome your questions or comments regarding the Disclaimer:

Mailing Address: P.O. Box 10146, Rochester, NY 14610

Email Address: steve@stevedanyew.com

Terms of Purchase

Last updated January 2, 2024

Please review these Terms of Purchase very carefully. By purchasing my products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

General Purpose

These Terms are between you (“Purchaser,” “you,” “your”) and Steve Danyew, DBA Danyew Creative (“Company,” “I,” “me,” “my”) for the purpose of purchasing or otherwise obtaining products and/or services (our “Products”) whether through the Company’s website at www.stevedanyew.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.” 

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms & Conditions, Privacy Policy, and Disclaimer, all of which are hereby incorporated by reference (collectively, the "Terms").

Applicability

These Terms are the only terms that govern how I provide Products to you. These Terms:

• Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Services and the use of the Website. In the event of any conflict between these Terms and the Order Confirmation, these Terms will govern.

• Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner. Providing Products to you does not mean that I, in any way, accept your terms and conditions, nor will it amend or modify these Terms.

Scope of Products

My Products include but are not limited to printed sheet music, digital downloads, private lessons, coaching, residencies, masterclasses, and workshops. I agree to provide Products to you as described in the Order Confirmation.

Product Delivery

When you make a purchase, you will not be asked to provide credit card information to the Company or the Website. The Store is essentially an order form, where you enter your contact information and the sheet music you would like to purchase. If you prefer to pay via check, I will email you an invoice. If you prefer to pay via credit card, I will email you a Wave link, which will open an electronic invoice on the Wave website. This Wave invoice will allow you to pay for your order via credit card, but credit card information is processed through Wave, not by the Company or through the Website. 

The Company is not responsible for the security or privacy of the information you input in the Wave credit card invoice.

You will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that product delivery will differ based on when you make your purchase and if it is a digital or physical product. For more information, please refer to your receipt of purchase delivered by email. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.

I may ship the Products listed on the Order Confirmation individually based on availability. Each shipment will constitute a separate sale, and you will be responsible for paying for each Product shipped whether the shipment is a full or partial order fulfillment.

If I am unable to deliver the Products because of your failure to provide appropriate instructions, address(es), documents, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) I may, at my discretion, store the Products until you provide appropriate instructions with Purchaser being liable for all related costs and expenses.

Non-Delivery

The number of Products as recorded by Seller upon dispatch of the Order is evidence of the quantity received by the Purchaser upon delivery. Seller is not liable for any non-delivery of Products unless Purchaser gives written notice to Seller of the non-delivery within 7 days of the date when the Products would in the ordinary course of business have been received. Any liability of Seller for non-delivery of the Products shall be limited to the actual quantity cost of Products that were not delivered. Seller has no liability beyond that cost.

Merchandise Availability

I will notify you by email if Products are not available at the time your order processes. You can confirm availability by emailing me at steve@stevedanyew.com.

Sales Price

The price of my Products is the price indicated on the Order Confirmation (the “Sales Price”). If no price is included on the Order Confirmation, the Sales Price is the price published on the Company’s website as of the date reflected on the Order Confirmation. I reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.

Product Disclaimer

You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, my Company will not be responsible for any damages that result from the use of the Products.

No Warranties + No Guarantees

Products manufactured by a third party (“Third Party Products”) may contain, packaged together with, packaged or contained in, incorporated into, or constitute the Products. I am providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation.

You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.

Payment + Billing

By submitting an order through the Website, you represent that you:

• Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred including but not limited to all shipping and handling charges/applicable fees and taxes, insurance, and customs duties

Transactions

I reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. I reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address.

I reserve the right to refuse or cancel your order if fraud or an unauthorized transaction is suspected.

Inspection of Nonconforming Products

Although I do my best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”). You should inspect the Products within 7 days of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify me in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company. If you notify me of any Nonconforming Products during the Inspection Period, I may at my sole discretion and as your exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) issue a credit or refund for the Sales Price and any shipping and handling charges incurred by the Purchaser. If I decide to replace the Nonconforming Products, you will not be responsible for any shipping and handling fees. 

Return Policy

After you agree to these Terms, I do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.

Chargebacks

By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. I have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

License for Use

By purchasing Products through my Website, you are agreeing to the Terms of Purchase, and in return, I am providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Music is purchased for the exclusive use of an institution (university, high school, church, etc.), performing ensemble, or individual, and copies of the music cannot be shared with, or used for performances with other institutions or ensembles. (Example: You cannot purchase a concert band piece for your high school and use the music with your high school band and also with a band from another school.) Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remain intact. Your limited license allows you to use the Products and any associated materials for yourself only.

Electronic PDF files may be printed according to the license that comes with the piece. If no specific license is provided, the PDF file may be printed as many times as needed, for the exclusive use of the purchasing institution or ensemble. The PDF file and copies of the music cannot be shared.

Sales and licenses shall be governed by the copyright laws of the United States of America, whether the music is supplied and/or used in the USA or any part of the world.

Please contact Steve Danyew, DBA Danyew Creative for any other use of the sheet music other than performing the music at a concert. All other uses may require special licenses or permissions.

Intellectual Property

The Company owns and retains all rights, titles, and interests in and to the Products. When you purchase sheet music you are not purchasing the copyright or ownership of the music. Steve Danyew, DBA Danyew Creative retains copyright and ownership of the music. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and I reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.

Consent to Use

You are welcome to give me comments and feedback pertaining to my Website, my Products, and my Company, however, I can not receive any confidential or proprietary information. Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to me through my Website or otherwise (collectively, “Submissions”) are by default not confidential. You hereby grant me an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release me to use your Submissions in any manner for any future business use. In doing so, I may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

Age Limitations

You must be at least 13 years old to use my Website. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting an order or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

Changing Terms

I reserve the right to update and revise these Terms at any time without notice to you.  Your continued use of the Products and Website after I have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information

I respect your privacy and am committed to protecting it. I may use certain information that I collect from you to operate Steve Danyew, DBA Danyew Creative and provide my Products. Please review my Privacy Policy to understand the types of data I collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how I use your Data.

Error in Store Presentation

I strive to present information that is published correctly and update the Website regularly in a way that allows me to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. I reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

Termination of Use

I may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability

The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. 

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages

My entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Monroe County, New York. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law

These Terms and the Parties’ relationship are governed by the laws of the State of New York. In the event of conflicting laws, the laws of the State of New York will control.

Notices

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Steve Danyew, DBA Danyew Creative, P.O. Box 10146, Rochester, NY 14610. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability + No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, I am not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment

You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company. 

Force Majeure

To the extent that any failure or delay in my delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, I will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond my reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only

The headings in these Terms are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved

In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.