You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site, and you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Ed Emberley provides Visitors with a variety of resources to enjoy a collection of Emberley’s writings and illustrations, and to participate in related activities.
2. Use of Website
2.2 Fees. Access to the Web site is free. Ed Emberley may, in his sole discretion and at any time, change this policy and begin charging for access to the Web site.
3. Proprietary Rights
3.1 The Web site contains copyrighted material, trademarks, and other proprietary information belonging to Ed Emberley. You acknowledge and agree that except for that information which is in the public domain or for which you have been given express written permission by Ed Emberley, no material from the Web site may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Ed Emberley. We grant you a non-exclusive license to download and print copies of materials on the Web site for your personal, classroom, and library noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein. This non-exclusive license permits you to display and print artwork and text on or from your personal, school, or library computer. Using the Web site in any other way is a violation of this Agreement. The use of material from the Web site, without Ed Emberley express prior written permission, on any other web site, computer network, e-mail list, use in any promotion or advertisement, or in any other way, is strictly prohibited. The Web site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software), and the collection, assembly, and arrangement of material on the Web site, is the property of Ed Emberley and is protected by U.S. and international copyright laws, except when otherwise indicated.
3.2 When you print material from the Web site, we are granting you a non-exclusive license to use that material as stated in Section 3.1 hereof. You acknowledge and agree that you do not own the material that you print (whether it is text, data, images, or the like). The material that you print always remains Ed Emberley property.
3.3 Ed Emberley trademarks and service marks, and other Ed Emberley logos, products and service names, are trademarks of Ed Emberley (the " Ed Emberley Trademarks"). You acknowledge and agree not to display or use in any manner the Ed Emberley Trademarks without Ed Emberley's prior written consent. Nonetheless, Ed Emberley's written consent shall not be required if your display or use of the Ed Emberley Trademarks constitutes noncommercial use, news reporting or news commentary. Just as we ask that our Visitors respect the intellectual property of Ed Emberley, we respect the intellectual property of others. To the extent Ed Emberley uses a trademark that is the property of a third party, Ed Emberley shall provide clear notice to anyone viewing Ed Emberley's use of that trademark that (a) Ed Emberley does not own the trademark and that the trademark is the property of a third party, (b) Ed Emberley has no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored Ed Emberley's use of the trademark in any way.
Ed Emberley may provide links to other web sites or resources. Because we have no control over such web sites or resources, you acknowledge and agree that Ed Emberley is not responsible for the availability of such web sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. Such links are provided solely for the convenience of Visitors and do not constitute an endorsement of those web sites or resources or any representation as to the accuracy or other characteristics of the material supplied by them. You also acknowledge and agree that Ed Emberley shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or resources, or for acts or omissions by third parties or for material supplied by them.
You acknowledge and agree that the Web site is for the personal use of Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
7. Transactions with Others
Emberley may enable third parties to advertise their products on the Web site. You agree that in such a case Ed Emberley shall not be liable for your interactions with any organizations and/or individuals on or through the Web site, including but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Ed Emberley is not responsible for any damage or loss incurred as a result of any such dealings.
You agree to indemnify and hold Ed Emberley harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Web site or your violation of any law or the rights of a third party.
9. Warranties; Liability
9.1 DISCLAIMER OF WARRANTIES . YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. EMBERLEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. EMBERLEY SPECIFICALLY DISCLAIMS, TO THE FULL EXTENT PERMISSBILE BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EMBERLEY SHALL CREATE ANY WARRANTY NOT SPECIFICALLY STATED IN THIS AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. EMBERLEY DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM THE WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMBERLEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
9.2 LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL ED EMBERLEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF EMBERLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
9.3 EXCLUSIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Ed Emberley reserves the right at any time to modify or discontinue, temporarily or permanently, all or any portion of the Web site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Web site.
11. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion or use of, or access to, the Web site.
12. Additional Terms
12.1 Notices. Except as otherwise stated, any notice to us shall be made by certified postal mail, sent to: Ed Emberley, c/o M. Wogan, Frankfurt Kurnit, 488 Madison Ave, New York, NY 10022. Notice sent by postal mail shall be considered received by Ed Emberley three (3) days after the date of mailing.
12.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Emberley, superseding any prior agreements between you and Emberley.
12.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Emberley is intended or created by this Agreement.
12.4 Governing Law. If there is any dispute about or involving the Web site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
12.5 Assignment. You agree that this Agreement may be automatically assigned by Emberley, in its sole discretion, to one or more third parties in the event of a merger or acquisition.
12.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Web site may be interfered with by numerous factors outside of our control.
12.7 No Waiver. Emberley's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
12.8 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Emberley nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and to maintain the other provisions of this Agreement in full force and effect.
12.9 Survival. Sections 3 (Proprietary Rights), 8 (Indemnity), 9 (Warranties; Liability), and 12 (Additional Terms) shall survive any termination or expiration of this Agreement.
12.10 Limitation. You and Emberley each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
12.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
13. Disclosures; Violations
The services under this Agreement are offered by Ed Emberley, c/o M. Wogan, Frankfurt Kurnit, 488 Madison Ave, New York, NY 10022. Please report any violations of this Agreement by sending a notice of the violation to this address.
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The Web site is intended for general use. The Web site does not knowingly collect PII from Visitors or anyone else, including children under thirteen (13) years of age.
Ed Emberley understands that some Visitors may be under thirteen (13) years of age, and we are especially concerned about providing a safe and private online environment. As no PII is collected from Visitors under thirteen (13) years of age, the Web site is in strict compliance with the Children’s Online Privacy Protection Act of 1998.
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