Studio Calico and Aliedwards.com terms of use

These Terms of Use were last updated August 10, 2014

Ownership of Site; Agreement to Terms of Use

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Studio Calico, LLC (hereafter “Studio Calico”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Studio Calico grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Studio Calico reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason.


Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

STUDIO CALICO, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Studio Calico attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Studio Calico so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, Studio Calico will contact the customer with accurate information and/or price difference if the product has been purchased.


Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Studio Calico with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners

Studio Calico™ and StudioCalico.com™ are proprietary marks of Studio Calico. December Daily®, One Little Word®, Craft the Story®, Ali Edwards™, Week in the Life™, Day in the Life™, Story Kit™, and Story Stamp™ are proprietary marks of Ali Edwards Design Inc. Studio Calico’s and Ali Edwards Design Inc.’s trademarks may not be used in connection with any product or service that is not provided by Studio Calico or Ali Edwards Design Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Studio Calico or Ali Edwards Design Inc.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without Studio Calico’s express prior written consent.


Confidential and Proprietary Information

Studio Calico does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Studio Calico through the Site will be deemed NOT to be confidential. By sending Studio Calico any information or material, you grant Studio Calico an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Studio Calico is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.


Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Studio Calico reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Studio Calico server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Studio Calico.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Studio Calico systems or networks, or any systems or networks connected to the Site or to Studio Calico.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Studio Calico on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Studio Calico or others.

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Studio Calico reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. Studio Calico reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.

You may not post on the message board any post attempting to buy and/or sale any item. Any such posts will be deleted. You may not post links to other retail sites that sell similar products. These posts will also be deleted.

You may not post on the message board any post regarding or linking to any type of promotions, sales, or other offers from any company that provides similar services or sells similar products as those offered by Studio Calico.

Studio Calico does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.


“Three Strike” Policy

Studio Calico may delete or remove (without notice) any user content and terminate access of any user to the Site in its sole discretion at any time, for any reason or no reason. In the event Studio Calico deems user content to be in violation of the Terms of Use, but elects not to immediately terminate the user’s access to the Site, it may, but is not required to, notify the user of such violation. Upon the third violation, Studio Calico shall terminate the user’s account and all content may be removed from public view, at the sole discretion of Studio Calico.

Notwithstanding anything within this provision or these Terms of Use, Studio Calico reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of Studio Calico.


Links to Other Sites and to the Studio Calico Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Studio Calico’s control, and Studio Calico is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Studio Calico Website does not mean that Studio Calico endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.


Disclaimer Regarding Accuracy of Vendor Information

Product specifications, images, and other information made available on the Site have either been provided by the Vendors or collected from publicly-available sources. While Studio Calico makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Similarly, while Studio Calico makes every effort to ensure that the images on this website are accurate, we can make no representations or warranties as to the accuracy or reliability of the images provided on this website.

Studio Calico makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.


Purchases; Other Terms and Conditions

Please refer to the Terms and Conditions of Purchase prior to making any purchase from the website. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Studio Calico’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Studio Calico may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Studio Calico makes no commitment to update the materials on the Site with respect to such products and services.


Sharing of Digital Files Prohibited

Sharing, reselling, or distributing of items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of Studio Calico or Ali Edwards Design Inc., is strictly prohibited. All files purchased from Studio Calico or Ali Edwards Design Inc. are for personal use only.

You may use these kits and elements in part or in whole in your layouts that will be submitted to scrapbooking related magazines for publication, giving proper credit to Ali Edwards Design Inc. You

may not use the content for any harmful, pornographic, or racial material or material that may be deemed harmful or offensive to another person.

All copyrights to elements, graphics, and kits are retained by Ali Edwards with all rights reserved. Kits are for personal use only. No other use is hereby authorized.

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.


Photographers’/$40 License

The Photographers’ License allows you to make custom photo cards, photo albums and calendars for resale to your clients in a completed format. Please note: The Photographer’s License is not a commercial license. This license does not allow for the design and resale of stationary, overlays or notecards on ebay, etsy, or any other retail outlet.

You are authorized to use these designs in marketing your business (photography or otherwise), design photo albums to sell to your clients in a flattened or printed format, design photo cards to sell to your clients in a flattened format, or to design e-cards to sell to your clients in a flattened format.

You are not authorized to resell any of the products or the templates as they exist or in layered

designs, only as completed cards or albums with your photographs in a flattened [.jpeg or .tif] format. You are not authorized to resell any of the designs as they exist to any retailer, photographer, designer or customer. You are not authorized to simply print out an overlay or design on cardstock and sell through etsy, ebay, or any other commercial outlet. You are not authorized to use templates or pre-made pages for publication or sale on ebay, etsy or directly to anyone or call them your own works. You are not authorized to use the content for any harmful, pornographic, or racial material that may be deemed harmful or offensive to another person.


Classrooms

Sharing or reselling items or files purchased through a classroom, as well as any other digital proprietary information that is the property of Studio Calico, is strictly prohibited. All files purchased from Studio Calico are for personal use only.


Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


Limitation of Liability

Except where prohibited by law, in no event will Studio Calico be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Studio Calico has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Studio Calico is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Studio Calico’s liability shall in no event exceed the total value of all orders placed and paid for with Studio Calico through the website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


Indemnity

You agree to indemnify and hold Studio Calico, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Studio Calico by any third party due to or arising out of or in connection with your use of the Site.


Violation of These Terms of Use

Studio Calico may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Studio Calico’s rights or property, or the rights or property of visitors to or users of the Site, including Studio Calico’s customers. Studio Calico reserves the right at all times to disclose any information that Studio Calico deems necessary to comply with any applicable law, regulation, legal process or governmental request. Studio Calico also may disclose your information when Studio Calico determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Studio Calico may preserve any transmittal or communication by you with Studio Calico through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Studio Calico determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Studio Calico, its employees, users of or visitors to the Site, and the public.

You agree that Studio Calico may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Studio Calico, for which monetary damages would be inadequate, and you consent to Studio Calico obtaining any injunctive or equitable relief that Studio Calico deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Studio Calico may have at law or in equity.

If Studio Calico does take any legal action against you as a result of your violation of these Terms of Use, Studio Calico will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Studio Calico. You agree that Studio Calico will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.


Governing Law

These Terms of Use are entered into in the State of Kentucky and shall be governed by and construed in accordance with the laws of the State of Kentucky, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Warren in the State of Kentucky, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.


Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Studio Calico designates the following individual as its agent for receipt of notifications of claimed copyright infringement:


Report of Copyright Infringement

P.O. Box 51008

Bowling Green, KY 42102

[email protected]


Void Where Prohibited

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Studio Calico reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to Studio Calico that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.


Entire Agreement

These Terms of Use constitute the entire agreement between Studio and Calico and you pertaining to the subject matter of this Agreement. In its sole discretion, Studio Calico may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.