PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS SITE CONSTITUTES YOUR CONSENT OF THIS AGREEMENT
This Agreement is between you and Studio At 19 (“Studio At 19 – Carole Holcroft”) concerning your use of (including any access to) the website currently located at https://www.caroleholcroft.com (https://www.caroleholcroft.com)(together with any materials and services available therein, and successor site(s) thereto, the “Site”).
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Studio At 19 through the Site, or otherwise made available to you by Studio At 19. Your use of the Site is governed by this Agreement regardless of how you access the Site, including through the Internet, through Wireless Access Protocol (commonly referred to as (“WAP”), through a mobile network or otherwise.
BY USING THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THIS SITE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
1. CHANGES. I may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and I arising prior to the “last update” indicated in the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “last updated” legend above indicates when this Agreement was last changed and the effective date f this Agreement. I may at anytime and without liability, modify or discontinue part of this Site (including access via any third-party links);charge, modify or waive any fees required to use the Site; or offer opportunities to some or all users.
3. JURISDICTIONAL ISSUES. The Site is controlled or operated (or both) from the United States and is not intended to subject Studio At 19 to any non – U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non- U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. I may limit the Sites availability at any time, in whole or in part, to any person, geographic area or jurisdiction that I choose.
4. WORKS. The Site may make available listings, descriptions and image if its art work and other related goods or services (collectively, “Works”), as well as references and links to Works. Such Works may be available by Studio At 19 or third parties. The availability through the Site of any listing, description or image of a third-party Work does not imply my endorsement of such work or affiliation of the provider of such Work. I make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specification and prices contained therein). Such information and the availability of the Work is subject to change at any time without notice. Certain measures and similar descriptions are approximate and are for convenience only. I make reasonable effort to accurate display the attributes of Works, including the applicable colors, however the actual colors you see will depend on your computer system, and I cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession , use and sale of any Work.
5. TRANSACTIONS. I may make available the ability to purchase or otherwise obtain certain Works through the Site or through other channels such as telephone orders or mail orders (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number, expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD OR OTHER PERMITTED PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to me the the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to acknowledgement or completion of the Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is the practice to confirm orders by email, the receipt of an email order does not constitute my acceptance of an offer to sell the product or service.
Restrictions. Studio At 19 reserves the right, including without prior notice, to limit the available quantity of or discontinue making any Work; to bar any user from making any Transaction; and to refuse to provide any user with any Work. By making a Transaction, you represent that the applicable Works will be used only in a lawful manner.
Transaction Policies. All Transactions (including order placement and cancellation, refunds and exchanges and shipping and delivery) will be subject to Studio At 19 applicable Transaction Policies, which are available at https://www.caroleholcroft.com/How-to-acquire
6. REGISTRATION; USER NAMES AND PASSWORDS. You may need to register to use all or part of the Site. I may reject or require that you change any user name, password or other information that you provide to Studio At 19 on registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Studio At 19, are responsible for any use or misuse of your user name or password, and you must promptly notify me of any confidentiality breach or unauthorized use of your user name, password or account for this Site.
7. RULES OF CONDUCT. In connection with the Site, you must not:
- Post, transmit or otherwise make available through or in connection with the site any materials that are or may be (a) threatening , harassing, degrading, hateful or intimidation or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c ) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity privacy or any other proprietary right without the express prior written consent of Studio At 19.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, spyware or other computer code, file or program that is, or is potentially, harmful or invasive or intended to damage the operation of, or to monitor any use of, any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce , modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Studio At 19’s express prior written consent.
- Reverse engineer, recompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service without Studio At 19’s express prior written consent.
- Systematically download and store content of the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index or otherwise gather content form the Site or reproduce or circumvent the navigational structure or presentation of the Site without Studio At 19’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the file located in the Sites root directories, Studio At 19 grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Studio At 19 reserves the right to revoke such permission either generally or in specific cases at any time and without prior notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use this Site.
8. STUDIO AT 19 PROPRIETARY RIGHTS. As sole owner of this site, it is protected by proprietary rights and laws. My trade name, any trademark, service mark, logo, art work are all owned by Carole Holcroft. You may not use any the trade name, any trademark, service mark, logo, art work in connection with any product or service in any manner that is likely to cause confusion. Nothing contained on the Site short be construed as granting any right to use any trademark, service mark, logo, art work without prior written agreement with me, the owner.
9. THIRD PARTY MATERIALS; LINKS. Certain functionality of the Site, may make available access to materials made available by third parties (‘Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality you are directing me to access, route, transmit to you the applicable Third Party Materials (Including Payment Methods) I neither control nor endorse, nor am I responsible for any Third Party Materials, including accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation of warranty by Studio At 19 with respect to any Third Party Materials. I have no obligation to monitor Third Party Materials and I may block or disable access to any Third Party Materials (in whole or in part) through the Site at anytime. In addition, the availability of any Third Party Materials through the Site doe not imply my endorsement of , or my affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AN IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
10. DISCLAIMER OF WARRANTIES. THE SITE AND ANY WORKS OF THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMLIED OR STATUTORY, STUDIO AT 19 DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY WORKS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NOTHING CONTAINED HEREIN GRANTS TO YOU ANY EXPRESS OR IMPLIED RIGHT, LICENSE OR ASSIGNMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY WORKS. THIS SECTION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT I MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO WORKS PURCHASED THROUGH STUDIO AT 19. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF STUDIO AT 19.
While I try to maintain a timeliness, integrity and security of this Site, I do not guarantee that the Site is or will remain updated, complete or correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally third parties may make unauthorized alterations to the Site. If you become aware of any such alteration or violation, please contact me immediately at http://www.caroleholcroft.com/contact and provide a description of such alteration and its location.
11. LIMITATION OF LIABILITY. STUDIO AT 19 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ITHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER TANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, STUDIO AT 19 WILL NOT BE LIABEL FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE FOR FROM ANY WORKS THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY WOKRS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE OF LIABILITY OF STUDIO AT 19 FOR ALL DAMAGES AND LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE THE GREATER OF :(A) THE TOTAL AMOUNT , IF ANY, PAID BY YOU TO STUDIO AT 19 TO USE THE SITE; AND (B) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF STUDIO AT 19.
Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have certain additional rights.
12. INDEMNITY. Except to the extent prohibited under the applicable law, you agree to defend, indemnify and hold harmless Studio At 19 and Carole Holcroft from and against all claims, losses, costs and expenses (including attorneys fees) raising out of (a) your use of, or activities in connection with, the Site; and (b) any violation or alleged violation of the Agreement by you.
13. TERMINATION. This Agreement is effective until terminated . Studio At 19 may terminate or suspend you use of the Site at any time and without prior notice including if Studio At 19 believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Studio At 19 may, without liability to you or any third party, immediately deactivate your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials.
14. GOVERNING LAW; Arbitration. The terms of this Agreement are governed by the laws of the State of Massachusetts U.S.A., without regards to its principles of conflicts of laws of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUR OF OR RELATED TO THIS AGREEMENT OF ANU ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STUDIO AT 19, WHETHER BASED I CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JUSRY AND YOU AGREE THAT STUDIO AT 19 AND YOU ARE WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT NAY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
15. INFORMATION OR COMPLAINTS. If you have a question or compliant regarding the Site, please contact me by visiting http//:www.caroleholcroft.com/contact you may also write to me at: 19 Little Pond Road Merrimac Ma 01860. Please note that email connections are not necessarily secure; accordingly you should not include any personal information or sensitive information including credit card information, in your email to me.
16. MISCELLANEOUS. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer – employee, agency or franchisor-franchisee relationship between you and Studio At 19. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable fro this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any of all of your rights or obligations under this Agreement without my prior express written consent. I may assign, transfer or sublicense any or all of my rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading , caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Studio At 19 relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Studio At 19 relating to such subject matter. Notices to you (including notices of Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings base upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Studio At 19 will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Unless otherwise noted Studio At 19 site © 2017