Terms of Service
AmandaSudimack.com Site Terms of Use
Last updated November 20, 2013
1. General Conditions and Definitions
These Site Terms of Use (“Terms of Use”) describes the terms of use of www.amandasudimack.com (the “Site”). Amanda Sudimack is operated by Artisan Events, Inc., an Illinois corporation, d/b/a Amanda Sudimack (“we” or “Amanda Sudimack”). By accessing or otherwise using this Site, you (“you” or “User”) agree to be bound by these Terms of Use and by the Amanda Sudimack Privacy Policy. To use this Site you must be at least 13 years of age. By attempting to use this Site, you represent that you are 13 years of age or older and, if less than 18 years of age but at least 13 years of age, you represent that you have the consent of your parent or legal guardian. If you do not agree with these Terms of Use and the Privacy Policy, or are legally unable to agree to these terms, then you may not use this Site. To purchase artwork from the Site, you must be at least 18 years of age.
2. Updates to Site Terms of Use
We may update or change these Terms of Use from time to time by posting the revised Terms of Use on the Site. The revised Terms of Use are effective immediately upon posting. You agree to be bound by any such revisions. You should periodically visit this page to determine the current Terms of Use. The Site is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our artwork to you.
3. Site Accessibility and Security
A User of the Site shall be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. Amanda Sudimack shall not be liable for any damages to, or viruses that might infect, your computer or other property as a result of your access to, use of, or downloading from this Site. You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of Amanda Sudimack, and Amanda Sudimack shall not be responsible for any data lost during Internet transmissions. While it is Amanda Sudimack’s intention to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any, or no, reason. Amanda Sudimack shall not be responsible for any User’s inability to access the Site.
4. Content
We attempt to provide accurate and current content on the Site; however, the Site does contain historical information, which is provided for your reference only and might not be current. If you have questions about any of the artwork displayed, please contact us through the Contact page on the Site. Refer to Section 8 of these Terms of Use for more details governing limitation of liabilities and disclaimers of warranty.
THIS SITE ALSO CONTAINS LINKS TO THIRD PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. IF YOU ACCESS SUCH LINKED WEBSITES, YOU DO SO AT YOUR OWN RISK. AMANDA SUDIMACK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT ON SUCH THIRD PARTY WEBSITES. See Amanda Sudimack’s Privacy Policy for more information.
5. Trademarks and Copyrights
“Artisan Events” is a trademark of Artisan Events, Inc. All rights in respect of this trademark are expressly reserved. Everything located on or in this Site is the exclusive property Artisan Events, Inc. d/b/a Amanda Sudimack or used with the express permission of the copyright or trademark owner. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Artisan Events, Inc. or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for personal, non-commercial use for the purpose of evaluating a potential purchase, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material.
6. Becoming an Amanda Sudimack Subscriber
By signing up to become an Amanda Sudimack subscriber on the Contact page of the Site, you agree to receive electronically news and promotional material from Amanda Sudimack.
7. Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AMANDA SUDIMACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER AMANDA SUDIMACK NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.
AMANDA SUDIMACK DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ITS SERVERS ARE FREE OF VIRUSES, TROJAN HORSES, MALWARE, OR OTHER HARMFUL COMPONENTS. AMANDA SUDIMACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
8. Indemnification
You agree to defend, indemnify, and hold harmless Amanda Sudimack, its affiliates, and their respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.
9. Site Termination
Amanda Sudimack may terminate this Site and these Terms of Use at any time for any or no reason without prior notice. The provisions of Sections 3, 4, 5, 7, 8, and 10 shall survive termination of these Terms of Use.
10. Dispute Resolution
The parties agree that these Terms of Use shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. The parties agree that, as to any dispute arising out of or related to these Terms of Use, they shall submit such dispute to an impartial mediator located in Cook County, Illinois for resolution. If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. The parties hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
11. Completeness and Severability
These Terms of Use and the Privacy Policy constitute the entire agreement between the parties unless the User also makes a purchase through the Site, in which case the parties are also bound by the Amanda Sudimack Sales Agreement. No waiver by Amanda Sudimack of any breach or default of these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Use. If a provision of these Terms of Use or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms of Use and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
12. Contacting Us
You may contact us at any time about these Terms of Use by emailing us at amanda@amandasudimack.com.