EmilyFotis.com Legal Agreement
site is offered to you conditioned solely on your acceptance of all
the provisions of this Agreement. By accessing and using this site,
you agree to abide by all the provisions of this Agreement.
Copyright and Trademark
This site is owned by Emily Fotis. This site contains material
that is owned by Emily Fotis, d/b/a Emily Fotis and/or Inkstone Arts
and/or EmmyCat Designs (referred to herein collectively as Emily Fotis).
Emily Fotis is the owner of all right, title and interest in this site
and its contents, including without limitation, all copyrights, trademarks
and service marks. This site is for your personal, noncommercial use
only, with no transfer of title. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, sell or make any other use of any of the content
obtained from this site. You may not use any of the site content on
any other website or networked computer environment, or in any format
or medium, whether now known or hereafter existing. You may not remove
any copyright, trademark, service mark or other legal notice from any
content downloaded from this site.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EMILY FOTIS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EMILY FOTIS DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF
DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES
OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS
SITE AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT, TORT OR NEGLIGENCE, WILL EMILY FOTIS BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR WITH
THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS SITE, EVEN IF EMILY FOTIS OR AN AUTHORIZED REPRESENTATIVE
OF EMILY FOTIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL EMILY FOTIS’S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify and hold harmless Emily Fotis and any
suppliers and third parties assisting in the operation of this site
from any claims, liabilities and expenses (including reasonable attorneys
fees) that may arise from your use of this site in any way or from your
breach of the terms of this Agreement.
Emily Fotis welcomes general comments regarding her products
and services. Emily Fotis will have no obligation to maintain the confidentiality
of, or owe any compensation for the use or disclosure of, any artwork,
text, ideas, notes, drawings, concepts or other information submitted
to Emily Fotis other than such liability as may arise out of the copyright
laws of the United States.
Third Party Websites
This site may contain links to Internet sites maintained by third parties.
Emily Fotis does not operate or control in any respect, or necessarily
endorse, the content found on such third-party sites. You assume sole
responsibility for use of third party links.
Modification and Termination of Agreement
Emily Fotis reserves the right to change this Agreement at any time
by publishing a revised version of this Agreement on this site. Continued
use of this site following any such changes means you accept and will
abide by these changes.
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by destroying all materials obtained
from this site and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice from Emily
Fotis if in Emily Fotis's sole discretion you fail to comply with any
term or provision of this agreement. Upon termination, you must destroy
all materials obtained from this site and all copies thereof, whether
made under the terms of this agreement or otherwise.
This Agreement is governed by the laws of the State of Iowa, in the
United States of America, without regard to conflicts of law provisions.
Use of this site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. If any provision of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the
Agreement shall continue in effect.
© 2004-2010 Emily Fotis. ALL RIGHTS RESERVED.