Thank you for visiting donnarosenartists.com. In this Terms and Conditions of Use, "we" or "us" refers to donnarosenartists.com. We provide our services to you subject to the following terms and conditions:
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS AGREEMENT, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. .
Proprietary Rights to Content You acknowledge and agree that this site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The Content is our property or that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is our exclusive property and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may make one copy of select portions of the Content, provided that the copy is made only for your personal, information, and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, perform, or distribute in any way any Content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
Trademarks Donna Rosen and all related marks are service marks or trademarks of Donna Rosen . They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
Disclaimers YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Indemnification You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the terms of service, or your violation of any rights of another.
Export Control The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
Links to Third Party Sites This Site may contain links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that we approve of, endorse or recommend that site, other than the sites of affiliates. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against us with respect to such other sites.
Submissions If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, our property. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that we are not obligated to use any such ideas or materials and you have no rights to compel such use.
Applicable Law These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Termination We may terminate your access, or suspend any user's access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
General Information These Terms and Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use.
Any rights not expressly granted herein are reserved by and for us.
Testimonial Forum By posting material to the Web site, you grant irrevocable permission to Donna Rosen to adapt and use the materials, and to make the material generally available to users of the Web site, without restriction. You also represent and warrant to Donna Rosen that the posted material does not injure, invade or infringe upon the rights of any person or entity, and that no permission of third parties is required to post the materials on the Web site.
Postings to the Web site represent the expression of the person who posted the material and not Donna Rosen. We cannot and do not undertake to review each and every posting to the Web site and/or determine the accuracy of validity of postings, and we cannot and do not guarantee the accuracy, completeness, or usefulness of any postings. Accordingly, you acknowledge and agree that we will not be held responsible or liable in any manner whatsoever for the content of any postings.
You agree not to post any material that is false, inaccurate, misleading, defamatory, damaging, abusive, vulgar, obscene, profane, sexually oriented, threatening, invasive of anyone's right of privacy, infringing of anyone's rights (including copyright, trademark and other intellectual property rights). You agree to indemnify, defend and hold Donna Rosen harmless against any claim relating to your postings.
Donna Rosen reserves the right to reveal your identity and any other information we may possess about you in the event of a complaint or other legal action relating to your postings.
No advertisements, solicitations, chain letters, pyramid schemes, or commercial messages of any kind may be posted to the Web site.
No material may be posted in a deceptive or misleading manner.
Donna Rosen reserves the right in its sole discretion to edit or remove any posting from the Web site, and to prohibit any person or entity from posting materials to the Website in the future, if Donna Rosen deems it appropriate to do so.
User's Account Obligations In consideration of your use of the site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site
Modification of Agreement Notice of all changes to these Terms and Conditions of Use will be will be posted on the site. You will have the time set forth in such notice to inform us if you do not agree with the changes. If you do not agree with the changes in the Terms and Conditions of Use, your sole remedy is to discontinue the use of the site.
BY USING THIS SITE AFTER WE POST ANY CHANGES TO THIS POLICY, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
Any inquiries concerning these terms and conditions of use should be directed to firstname.lastname@example.org