BY VISITING DEANNACOXSTUDIO.COM, YOU ARE CONSENTING TO MY TERMS AND CONDITIONS.
OVERVIEW
By using DeannaCoxStudio.com, referred to as this “Site”, all visitors, referred to as “you” and “your” are bound by these Terms and Conditions. The terms “I”, “me”, and “my” refer to Deanna Cox Studio. Accessing this Site constitutes a use of the Site and an acceptance to the terms and conditions provided herein.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. I reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, in which case I will post the revised Terms and Conditions on this Site. By continuing to use the Site after I post any such changes means you accept the new Terms and Conditions with the modifications.
SITE USE
To access or use the Site, you must have the requisite power and authority to enter into these Terms and Conditions.
Information provided on the Site and commission process is subject to change. Deanna Cox Studio makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Deanna Cox Studio disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site and Services, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you provide 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 your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and my services for lawful purposes only. You shall not post or transmit through the Site any material which 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.
COMPANY INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Deanna Cox Studio, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Deanna Cox Studio name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. 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 content or intellectual property, in whole or in part without my prior written consent. I reserve the right to immediately remove you from the Site if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DEANNA COX STUDIO IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF MY NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DEANNA COX STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DEANNA COX STUDIO’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold me harmless from and against any and all 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 and Conditions, or any use by you of the Site. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defense without my prior written consent.
GOVERNING LAW; VENUE; MEDIATION
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation.The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, 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.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Deanna Cox Studio pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Deanna Cox Studio shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Updated: December 2017