TERMS & CONDITIONS
Use of stephaniefishwick.com (the “Site”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any products, services, material, content or resources made available through the Site (collectively, the “Services”). By visiting or using the Site, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.
We will email you to confirm the placement of your order and to provide other details concerning your order, including shipping information. You agree to review any shipment upon delivery and to notify us of any issues or concerns with the shipment within five (5) days of delivery at email@example.com.
We reserve the right to refuse to service any order, person or entity, without an obligation to provide an explanation. No order is deemed accepted until payment is processed. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.
Due to the custom nature of the products or services purchased through the Site, returns are not accepted.
MATERIAL SUBMITTED TO THE SITE
You may use the Site and Services for lawful purposes only. You must not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively, “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the rights. You will be liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm that results from submitting the Materials. You expressly represent and warrant that you have the authority to use and distribute any Materials that you submit to the Site, and that the use or display of the Materials will not violate any laws, rules, regulations or third-party rights.
We claim no intellectual property rights over the Materials that you supply to Stephanie Fishwick Calligraphy & Illustration. You retain copyright and any other rights that you hold in any Materials that you submit through the Site or Services. By posting material on the Site, you grant to Stephanie Fishwick Calligraphy & Illustration a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development and marketing purposes.
OUR INTELLECTUAL PROPERTY
All artwork and lettering used in items purchased through the Site or Services is the sole property of Stephanie Fishwick Calligraphy & Illustration. The Site and Services contain intellectual property owned by Stephanie Fishwick Calligraphy & Illustration, including trademarks, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or in any way exploit any of the content or intellectual property in the Site or Services, in whole or in part, without prior written consent. We reserve the right to immediately remove you from the Services and deny a refund if you violate this policy.
The Site and Services may contain links to third-party sites and resources. We are not responsible for the availability, accuracy, content or policies of third-party websites or resources. Links to third-party sites or resources do not imply any endorsement by or affiliation with Stephanie Fishwick Calligraphy & Illustration.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, STEPHANIE FISHWICK CALLIGRAPHY & ILLUSTRATION 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 OUR 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 STEPHANIE FISHWICK CALLIGRAPHY & ILLUSTRATION 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, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STEPHANIE FISHWICK CALLIGRAPHY & ILLUSTRATION’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM STEPHANIE FISHWICK CALLIGRAPHY & ILLUSTRATION, AND IF NO PURCHASE HAS BEEN MADE BY YOU STEPHANIE FISHWICK CALLIGRAPHY & ILLUSTRATION’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You indemnify and hold us 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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide us with any assistance, without charge, as we may request in connection with any defense, including, without limitation, providing us with information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
GOVERNING LAW, VENUE AND MEDIATION
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Virginia as applied to contracts executed and performed entirely in Virginia. The exclusive venue for any action, arbitration or other proceeding based on or arising out of these Terms and Conditions shall be in the City of Charlottesville, Virginia.
You agree to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation. You agree that your 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.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
If any term, provision, covenant or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and not be affected, impaired or invalidated.
CHANGES TO THIS POLICY
We may from time to time modify these Terms and Conditions. Any modifications will be posted to this page. You agree that it is your responsibility to periodically review the Site and these Terms and Conditions and to be aware of any modifications.
If you have any questions about our Terms and Conditions, please email us at firstname.lastname@example.org.
Updated: January 2019