Terms and Conditions
Terms & Conditions
Version 1.0 – DEC 1, 2017
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site, including all images, illustrations, designs, photographs, video clips, functionality, source code, object code, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Emmett Kyoshi Art or its subsidiaries and affiliates ("Emmett Kyoshi Art") or are the property of their respective owners. The name Emmett Kyoshi Art and the Emmett Kyoshi Art logo are registered marks of Emmett Kyoshi Art.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Emmett Kyoshi Art.
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
(3) embarking, with the knowledge and consent of Emmett Kyoshi Art, on a media campaign with Emmett Kyoshi Art.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Emmett Kyoshi Art or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws and, without the prior written permission of Emmett Kyoshi Art, is strictly prohibited.
DISCLAIMER OF WARRANTY
EMMETT KYOSHI ART IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH EMMETT KYOSHI ART BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, EMMETT KYOSHI ART DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL EMMETT KYOSHI ART BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, Emmett Kyoshi Art will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Emmett Kyoshi Art (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses, or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
ABOUT OUR PRICES
Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are provided by us, product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors and are under no obligation to sell products or services subject to such a pricing error. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Emmett Kyoshi Art ("Transmissions") shall be and remain Emmett Kyoshi Art's property. By submitting any Transmissions to Emmett Kyoshi Art, you represent and warrant that:
- you are the sole author and owner of the Transmission and any intellectual property rights thereto;
- all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
- all Transmissions that you post are accurate;
- you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance, or regulation;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; or
- that contains any computer viruses, worms, or other potentially damaging computer programs or files.
For any Transmission, you grant Emmett Kyoshi Art a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Emmett Kyoshi Art and its third-party service providers may use your email address to contact you about the status of your Transmission and other for administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact email@example.com and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Materials so that Emmett Kyoshi Art can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
Emmett Kyoshi Art shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Emmett Kyoshi Art may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site, you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage, or interfere with or to attempt to disrupt, damage, or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (iii) attempt to transmit any "virus," "Trojan horse," or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state, or local law, including, but not limited to, any regulations applicable to your use of this Site.