Color-Ins Legal 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.
© 2002-2016 Emily Fotis. ALL RIGHTS RESERVED.