EMILY MCDOWELL STUDIO
This website (the “Site”) is owned and operated by Emily McDowell Studio.
By using this Site you represent that you are at least 18 years old. If you are not at least 18 years old, you may only use the Site if your parent or guardian consents and assumes full responsibility for your use of the Site. This Site is not intended for use by children under the age of 13.
Additions to Site Content
This Site contains intellectual property owned by EMS, including copyrights, trademarks, and proprietary information. EMS reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of EMS.
Lawful Purposes Only
Description of Site Offerings
EMS endeavors to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time EMS may correct errors in pricing and descriptions. EMS reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.
EMS invites comments to Emily McDowell’s blog posts. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. EMS reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Site, by posting material on the Site, you grant EMS a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Site and related publications.
The Site contains links to third party websites and resources. You acknowledge and agree that EMS is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
EMS does not guarantee, represent or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. EMS does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.
You agree that from time to time EMS may remove all or some of the products offered on the Site for indefinite periods of time.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
No Consequential Damages
To the full extent permitted by law you agree that under no circumstances shall EMS be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its products. In no event shall EMS’s cumulative liability to you exceed the total purchase price of the products you have purchased from EMS.
Digital Millenium Copyright Act (“DMCA”). EMS respects the copyrights of others. If you see any content on the Site that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Site; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to firstname.lastname@example.org.
Governing Law and Dispute Resolution
As a condition precedent to your filing any claim or action against EMS, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Los Angeles, California, each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
Effect of Headings
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