Effective Date: January 2011
The terms “we,” “us,” and “our” refer to McGowan Studios, Inc., DBA Ether & Smith (“Company”).
The terms “Site(s)” refers to www.etherandsmith.com (“Site(s)”).
On the Site, we provide wedding planning and event design services (“Service(s)”).
The terms “user,” “customer,” “you,” and “your” refer to visitors, users, and customers of the Site and/or Service.
By using our Site and/or Service, whether made available for purchase or not, you agree to the following Terms of Service, our Privacy Policy located here [insert link where users can find Privacy Policy]. You should only use our Site or Service if you agree with the terms and conditions in these Agreements.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material that violates or infringes the rights of others or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
ACCOUNT CREATION
To use the Site and/or Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct, and up-to-date. You must not impersonate someone else or provide account information or an email address other than yours. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws using the Site and/or Service.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
COMMUNICATIONS
Any communications made through our ‘contact’ blog, blog comments, newsletter sign, or other related pages or directly to our phone mailing or email addresses are not held privileged or confidential. It is subject to viewing and distribution by third parties. We own any communications displayed on our website, servers, comments, emails, or other media as allowed by United States law. We will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy. We maintain a right to republish any submission in whole or in part as reasonably necessary during our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to, communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
REFUND POLICY
Refunds for your purchase are not available. You agree to make timely and complete payments to the Company for your purchase.
DISCLAIMER
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree, and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our Site and/or Service is a promise, warranty, or guarantee to you of such results.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Site and/or Service is subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the provided information.
OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”). By third parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property, as well as the business name, logo, all design text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
To the extent permitted by law, we will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
THIRD-PARTY WEBSITE AND RESOURCES
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for third-party websites or resources' availability, accuracy, content, or policies. Links to such websites or resources do not imply any endorsement or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk from using such websites or resources.
AFFILIATE LINKS
From time to time, the Company may include affiliate links on its Site and/or Service. The Company may earn a commission if you purchase an item using an affiliate link. Affiliate links will be highlighted in some manner to disclose the affiliate relationship.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our written consent.
GOVERNING LAW
The Terms of Service shall be governed by the laws of California.
DISPUTE RESOLUTION
We agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to the Terms of Service by taking the matter to court, arbitration, mediation, or any other legal remedy available to the Parties. If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only. They shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT
These Agreements (i.e., this Terms of Service, the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company concerning the Site and/or Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company concerning the Site and Service.
WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other condition, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
OUR PRIVACY POLICY
Please review our Privacy Policy.
CHANGED TERMS
We reserve the right to update any portion of our Site and Service, including these Terms of Service, at any time. Such amendments are effective immediately upon notice by us posting the new Terms of Service on this Site. If you have provided us with your email address, we will email you to inform you of material amendments to our Terms of Service. Any use of the Site and Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on our Terms of Service pages.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
McGowan Studios Inc., DBA Ether & Smith
emma@etherandsmith.com