Terms and Conditions of Use...

 

Shirl’s Art Web Site Terms and Conditions of Use and Privacy Statement

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE http://www.shirlsart.com/contact.htm BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT (COLLECTIVELY, "TERMS AND CONDITIONS"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

General

Shirl’s Art controls and operates this Site from its offices in the United States. Shirl’s Art makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Use Restrictions

The material on this Site is protected by copyright, patent, trademark and other laws under both United States and foreign laws. The copyright in all material provided on this Site is held by Shirl’s Art or by the original creator of the material. None of the material on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Shirl’s Art or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Shirl’s Art permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Shirl’s Art respects the intellectual property of others, and we ask our users to do the same. Shirl’s Art may, in appropriate circumstances and at its own discretion, limit access to this Site of any users who infringe the intellectual property rights of others.

Sites Linked From This Site Third party Web sites linked from this Site are not under Shirl’s Art' control, and Shirl’s Art does not endorse or assume any responsibility or liability for any communications or materials available at such linked Web sites, Web sites framed within this Site or third party advertisements, and Shirl’s Art does not make any representations regarding their content or accuracy. Shirl’s Art does not intend links on this Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.

Disclaimer of Warranties

Your use of this Site is at your own risk. The information provided on this Site is provided "AS IS", without warranties of any kind. Shirl’s Art, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

Feedback and Materials

Any comments or materials sent to Shirl’s Art (via any medium including e-mail and regular mail) including feedback data, such as questions, comments, suggestions, or the like regarding this Site or any other products or programs of Shirl’s Art (collectively "Feedback"), shall be deemed to be non-confidential. Shirl’s Art shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Shirl’s Art shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Shirl’s Art BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES), RESULTING FROM THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Shirl’s Art IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

These Terms and Conditions constitute the entire agreement between you and Shirl’s Art with respect to the use of this Site. Any rights not expressly granted herein are reserved. Shirl’s Art reserves the right to change these Terms and Conditions at any time. Your use of this Site following posting of such changes shall constitute your acceptance of such changes. Shirl’s Art encourages you to review these Terms and Conditions whenever you visit this Site. These Terms and Conditions are governed by the laws of the State of Washington, without respect to its conflict of laws principles to the contrary. You will not file any action or proceeding for any dispute with Shirl’s Art, or in any way relating to your use of this Site, except in the courts of the State of Washington and you further agree and expressly consent to the exercise of jurisdiction and venue in such courts of the State of Texas. If any provision of these Terms and Conditions is deemed unenforceable, then such provision will be modified and enforced to the extent permitted to effectuate the purposes of these Terms and Conditions, and the remaining provisions of the Terms and Conditions will remain in effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Thank you for your cooperation. Questions or comments regarding this Site should be directed by electronic mail to http://www.shirlsart.com/contact.htm.