Website Terms and Conditions
This web page is a legal document ("Agreement") between you ("User") and Terrance Cummings Studio ("Company"). This Agreement states the terms and conditions under which you may access and use terrancecummings. com and any related web pages (collectively the "Website"). By accessing and using the Website, you indicate that you have read and understand this Agreement and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, do not access and use the Website. Company may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.Definitions
Access. The term "Access" and variants thereof (including, without limitation, "Accessing" and "Accessible") means to store data in, retrieve data from or otherwise approach, display, reproduce, frame, establish a Link to, or make use of (directly or indirectly) through electronic means or otherwise.
Company Marks. The term "Company Marks" means the trademarks, trade names, service marks, and trade dress of Company. Company System. The term "Company System" means the computer systems and communication equipment used for hosting the Website and providing User access to the Website.
Company Works. The term "Company Works" means the copyrightable works of authorship of Company.
Internet. The term "Internet" means that certain global network of computers commonly referred to as the Internet, including (without limitation) the world wi de web.
Licensed Content. The term "Licensed Content" means third party Technology incorporated in whole or part into the Website.
Link. The term "Link" means text, icons, and graphic symbols that upon selection or activation link or associate to, execute, access, or retrieve an off-screen website or Technology.
Technology. The term "Technology" includes, but is not limited to information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, web sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists and customer lists.
Scope of Use
Company hereby grants User a limited, non-exclusive, non-transferable, and revocable license to Access and use the Website via the Internet solely for viewing, browsing, retrieving, uploading information, and purchasing services and/or materials from Company subject to the terms and provisions of this Agreement. All other rights in the Website are expressly reserved by Company.
Intellectual Property
Website. Title to the Website, including ownership rights to any and all patents, copyrights, trademarks, service marks, and trade secrets contained therein, shall be the exclusive property of Company and no right, title, or interest in or to the Website or any related patents, copyrights, trademarks, service marks, and trade secrets contained therein are transferred by User viewing, browsing, retrieving, uploading information, and/or purchasing services or materials from Company via the Website.
Company Works. Company shall retain all right, title, and interest in and to the Company Works displayed on the Website. User acknowledges that the Company Works are protected by U.S. and international copyright laws and no interest in the Company Works is transferred by User viewing, browsing, retrieving, uploading information, and/or purchasing services or materials from Company via the Website.
Company Marks. Company shall retain all right, title and interest in and to the Company Marks and goodwill associated therewith. User acknowledges that, excepting the Company Marks, all other product, service, and company names mentioned in the Website may be trademarks of their respective owners. User further acknowledges that the Company Works are protected by U.S. and international copyright laws and no interest in the Company Works is transferred by User viewing, browsing, retrieving, uploading information, and/or purchasing services or materials from Company via the Website.
No Contest. User shall not contest or aid in contesting the ownership or validity of the Website, Company Works, Company Marks, and/or any other patents, copyrights, trademarks, service marks, and/or trade secrets of Company.
User Submissions. Any Technology uploaded, posted, or submitt ed by User on the Website shall be deemed non-confidential. User hereby grants Company an irrevocable, worldwide, perpetual, nonexclusive license to access, use, reproduce, modify, adapt, release, perform, display, distribute, sell and disclose such Technology, in whole or in part, in any manner and for any purpose whatsoever, and to have and authorize others to do so. User represents and warrants that User possesses all necessary rights, title, and interests to rightfully grant Company the foregoing license, free and clear of any encumbrances, third party interests, and/or restrictions. User also represents and warrants that all information provided by User in connection wi th the Website and this Agreement is true, complete, and accurate.
Terms of Sale
Generally. Any purchase made by User through the Website must be paid in full at the time of sale and User may not modify, cancel, or return any materials purchased through the Website without first receiving Company's writt en permission.
Physical Goods Only. Any purchase made by User through the Website is for physical goods only and any and all intellectual property rights in any purchased materials are retained by Company. For the avoidance of doubt, the purchase of any material through the Website is not intended to effectuate a transfer of any of Company's intellectual property rights and User hereby represents and warrants that it shall not contest Company's intellectual property rights in any material purchased through the Website.
Pricing Errors. User hereby expressly acknowledges that: (i) the Website may contain typographical errors and/or omissions which may related to product descriptions, pricing, availability, and other similar inaccuracies; (ii) Company reserves the right to correct any such typographical errors and/or omissions at any time without prior notice (including prior to fulfilling an order submitt ed by User); and (iii) Company may refuse or cancel any order arising of our such typographical errors and/or omissions regardless of whether such order has been submitt ed, confirmed, or charged on User's credit card.
Warranty & Indemnification
Website. THE WEBSITE AND THE SERVICES AND MATERIALS OFFERED THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRAN TY OF ANY KIND. COMPANY , TO THE FULLEST EXTENT PERMITTED BY LAW , HEREBY DISCLAIMS AND USER HEREBY WAIVES ALL WARRAN TIES BY COMPANY , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRAN TIES OF FITNESS FOR A PAR TICULAR PURPOSE, ALL IMPLIED WARRAN TIES OF MERCHANTABILITY AND WARRAN - TIES OF NON-INFRINGEMENT OF THIRD PAR TY RIGHTS IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND MATERIALS OFFERED THROUGH THE WEBSITE. COMPANY DOES NOT WARRAN T AND USER HEREBY WAIVES ANY WARRAN TY THAT USE OF OR ACCESS TO THE WEBSITE BY USER WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT MAKE ANY WARRAN TY AND USER HEREBY WAIVES ANY AND ALL WARRAN TIES AS TO THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITE. USER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET AND WEBSITE SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF USER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND THE WEBSITE.
Indemnification. User shall release, defend, indemnify and hold harmless Company (including its officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, att orney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by User of the Internet, Website or services and/or materials offered through the Website (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Website; (iii) User's negligence or any tortious acts (or failures to act) of User; (iv) services and/or materials offered through the Website; and (v) any breach by User of the obligations of User under this Agreement.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY , INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF THE WEBSITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY USER; (III) LOSS OF DATA; AND (IV) SERVICES AND/OR MATERIALS OFFERED THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE SOLE AND EXCLUSIVE REMEDY OF USER FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, AND/OR THE SERVICES AND MATERIALS OFFERED THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF THE WEBSITE, AS DETERMINED BY COMPANY .
Miscellaneous
Accuracy of Materials. Company shall make diligent efforts to ensure that the colors and textures of materials displayed on the Website are as accurate as possible. As such colors and textures are dependent upon the quality of the monitor and printer being used by User to view such materials, however, Company makes no representation or warranty that the color and texture of the materials as displayed on User's monitor and printer is accurate.
Substitutions. Company, at its sole discretion, hereby expressly reserves the right to alter, substitute, or change any materials and/or the manufacturing or printing techniques of the materials offered for sale on the Website.
Risk of Loss. User hereby acknowledges that the risk of loss of materials shipped by Company passes to User upon Company's delivery of such materials to the carrier shipping such materials to User. Links. User hereby acknowledges that the Website may contain Links to third party websites. Any such Links are provided solely as a convenience to User and do not constitute an endorsement by Company of such websites and the third party content therein.
Severability. If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
Governing Law. The validity, construction, and performance of this Agreement shall be governed by and construed in accordance wi th the laws of the State of New Jersey without giving effect to its conflict of law principles. Jurisdiction and venue of any legal dispute arising hereunder shall be exclusively had in the federal or state courts sitt ing in Plainsboro, New Jersey.
Remedies. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law wi ll be an inadequate remedy to Company In addition to remedies at law and other rights which may be available, Company shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by User.
Waiver. Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party