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Terms of Use

EMILY MCDOWELL STUDIO

WEBSITE TERMS OF USE

This website (the “Site”) is owned and operated by Emily McDowell Studio.

These Terms of Use govern your access and use of the Site. By accessing or using this Site you indicate your agreement to these Terms of Use. Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Site, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Site. If these Terms of Use are considered an offer by EMS, acceptance is expressly limited to these terms.

Age Restriction

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

Any new products or features added to the Site will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page.  EMS reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.

Intellectual Property

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

You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.

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.

Blog Comments

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.

Third-Party Links

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.

No Warranties

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.

Indemnification

You agree to defend and indemnify EMS against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Site or it products. You shall not settle any third party claim or waive any defense without EMS’s prior written consent.

Changes to Terms of Use

EMS may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms of Use on this site. Any use of the Site by you after being notified means you accept these amendments.

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 shop@emilymcdowell.com.

Governing Law and Dispute Resolution

You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms of Use and your use of the Site. You expressly agree that exclusive jurisdiction for any claim or dispute with EMS, resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Los Angeles, California.

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.

Severability

If any term, provision, or condition of these Terms of Use is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Effect of Headings

The subject headings of the paragraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement/Waiver

These Terms of Use and related Privacy Policy constitute the entire agreement between you and EMS pertaining to your use of the Site and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by EMS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by EMS.

Date of Last Update

March 21, 2016

Questions about the Terms of Use should be sent to us at: shop@emilymcdowell.com.
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