Thank you for using the Mariasch Studios, Inc. website (the "Website"). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Website. Please read this page carefully. By accessing the Website you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, do not use the Website. Mariasch Studios, Inc. may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications. Furthermore, while some of the information contained on the Website may pertain to legal issues, it is not and should not be treated as legal advice. You should consult with your legal counsel before taking action based on information contained on this Website.
Item A. Website Materials
The contents of this Website, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material"), are owned by Mariasch Studios, Inc. and its licensors, vendors, or other users and are protected by United States and foreign intellectual property laws. The information provided herein, may be changed, suspended, modified or discontinued at anytime and at the discretion of Mariasch Studios, Inc..
You may not copy or adapt the HTML or other code used to generate our pages. This code is protected by copyright. You may not, without our prior written permission, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data or Material on or accessed through the Site.
You must comply with all notices and restrictions contained in any Material accessed through the Site. Unauthorized use of any Material may violate intellectual property and other laws.
Mariasch Studios, Inc. authorizes you to view the Material on the Website solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the expressed written permission of Mariasch Studios, Inc.. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Item B. Website Warranties
The Mariasch Studios, Inc. Website and materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Mariasch Studios, Inc., to the extent permitted by law. disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. Mariasch Studios, Inc. makes no warranties about the accuracy. completeness, reliability. or timeliness of the material and links presented on the Website. In addition, Mariasch Studios, Inc. and/or its respective suppliers may make improvements and/or modifications in the product(s) and/or program(s) described herein at any time. Neither does Mariasch Studios, Inc. warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Mariasch Studios, Inc. is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. Mariasch Studios, Inc. Website contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
Item C. Disclaimer of Damages & Limitation of Liability
Your use of the Mariasch Studios, Inc. Website is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Website or with these Terms and Conditions, our Privacy Policy or any other policies. your sole remedy is to discontinue use of the Website. In no event will Mariasch Studios, Inc. be liable to any user or other third party for any damages resulting from the use or inability to use the Website or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether Mariasch Studios, Inc. is advised of the possibility of such damages.
Item D. Public & User Submissions - General
The Mariasch Studios, Inc. Website includes postings, listings, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Mariasch Studios, Inc. has no responsibility for such content and is merely providing access to such content as a service to you. While Mariasch Studios, Inc. will endeavor to remove any offensive or harmful content from the Website as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. HOWEVER, WE EXPECT YOU TO USE CAUTION AND COMMON SENSE, AND EXERCISE GOOD JUDGMENT WHEN USING THIRD PARTY INFORMATION.
By submitting content to the Website, including message boards, forums, blogs, classified ads, directory listings, events calendars, press and news releases, etc., you grant Mariasch Studios, Inc. and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and has validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Website to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of any such content placed on the Site retains any and all rights that may exist in such content.
Additionally, submitting any information to Mariasch Studios, Inc. is not a guarantee of placement on our Website. You acknowledge that Mariasch Studios, Inc. may or may not pre-screen Content, but that MariaschStudios.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Site. Without limiting the foregoing, MariaschStudios.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mariasch Studios, Inc. or submitted to MariaschStudios.com, including without limitation information in MariaschStudios.com Group Discussion Boards, and in all other parts of the Site.
Item E. User Responsibilities & Privileges
By way of example, and not as a limitation, you agree that when using this Website. you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted
- Restrict or inhibit any other user from using and enjoying the use of the Website.
Item F. Copyright Infringement
Mariasch Studios, Inc. may, in appropriate circumstances and at its sole discretion. remove or disable access to material on the Website that infringes on the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide Mariasch Studios, Inc. with a written notice - by postal mail, e-mail, or FAX - that includes the following information:
- The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed
- A description of where the material in question is located on the Website
- Your mailing address, telephone number, and email address
A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent. or the law - A statement by you. under penalty of perjury. that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For purposes of such notice, the Mariasch Studios, Inc. address for notice is as follows:
Mariasch Studios, Inc.
100 Atlantic Avenue, Lynbrook, NY 11563 USA
Phone: (516) 561-9190
Email: info@MariaschStudios.com
Item G. Links to Other Websites
The Mariasch Studios, Inc. Website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Mariasch Studios, Inc. of the contents on such third-party websites. Mariasch Studios, Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Websites, you do so at your own risk.
MariaschStudios.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from MariaschStudios.com, since these sites are owned and operated by independent entities. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. MariaschStudios.com does not make any representations or warranties as to the security of any information (including, without limitation. credit card and other personal information) you might be requested to give any third party. and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
Item H. Indemnity
You agree to defend, indemnify. and hold harmless Mariasch Studios, Inc., its officers, directors, employees, agents and staff from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Mariasch Studios, Inc. will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Item I. General Disclaimer
Mariasch Studios, Inc. makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Website from outside of the United States. you are responsible for compliance with the laws of your jurisdiction. Mariasch Studios, Inc. is headquartered in Batavia, NY. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of New York. By using this Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Website is the appropriate United States District Court for the Central District of New York. or if such court lacks subject matter jurisdiction, the Circuit Court of Genesee County, New York.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law. any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
