By visiting and/or using the Site, you warrant, represent and agree that: (a) you will not upload to, transmit through, or display on any of the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable; (b) you will not upload to, transmit through, or display on any of the Site any material that infringes our or any third party’s intellectual property or other rights; including copyright, trademark, privacy, publicity or other personal or proprietary rights; and (c) you do have all rights, including copyrights, needed for the creation of reproductions or derivative works of any images.
Your Use of The Site
You may not reproduce, duplicate, copy, sell, resell, visit, reverse-engineer or otherwise exploit the Site for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion the Site without our written consent. While using the Site, you agree not to:
- You will not upload to, transmit through, or display on any of the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable;
- You will not upload to, transmit through, or display on any of the Site any material that infringes our or any third party’s intellectual property or other rights; including copyright, trademark, privacy, publicity or other personal or proprietary rights;
- You will not upload to, transmit through, or display on any of the Site any material for which you do not have all rights, including copyrights, needed for the creation of reproductions or derivative works of any images;
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate contact information;
- Restrict or inhibit any other user from using any of the Site, including, without limitation, by means of “hacking” or defacing any portion the Site;
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on any of the Site (a) any confidential, proprietary or trade secret information of any third party; or (b) any advertisements, solicitations, campaigning or other unsolicited commercial communication;
- Post, upload, transmit or otherwise publish any viruses, Trojan horses or any other destructive or disruptive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
To use the Site, you must create an account by providing your name, certain information about yourself and business, and creating a password. You agree that you will provide complete, current and accurate information about yourself and business as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of the Site. You further agree that we may suspend your account at any time, for any reason, in our sole and absolute discretion and that we have no liability for suspending your account.
In order to create a member account with any of the Site, you must be at least 13 years of age. You represent to us that you are at least 13 years old. If you are not, please do not set up an account with any of the Site. If you are between the ages of 13 – 18, you agree and confirm that you will only use the site under the supervision of a parent or legal guardian who has reviewed and agreed to be bound by these Terms.
If you wish to purchase any products or services through the Site, you will be required to provide us with information, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Unless otherwise indicated, all shipping charges are your responsibility and such charges will be provided to you during the checkout phase of your purchase. If for some reason the shipping costs change, we will notify you of such change before proceeding with your purchase.
We understand that there are times you must cancel an order. Please know you must notify us immediately via email or phone about the possible cancellation. Our email address: info@BurntRoseStudio.com. Phone: 215-771-6569. Order cancellations will incur a fee equal to the amount of work completed. This order cancellation policy applies when the customer cancels all or part of an order after order acceptance and acknowledgement from Burnt Rose Studio but before shipment of goods or execution of services.
Materials Submitted by Customer
Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Content”) are subject to the following terms and conditions:
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content, and that the User Content do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Content are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Site, and agree to defend, indemnify and hold harmless Burnt Rose Studio with respect to any allegations of copyright infringement.
- You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- User Content that are reported as violating these Terms may be removed from the Site; provided, however, that we have no obligation to remove User Content in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Content from the Site. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it blocked. Before submitting a DMCA notice, it is important to consider if the manner in which the material is used falls under fair use.
The notice must include the following information:
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable Burnt Rose Studio to locate the material on the Site;
- the name, address, telephone number and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights. Fair use should also be taken into consideration;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding the Site should be sent to: inf0@BurntRoseStudio.com While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and may take action, which in our sole discretion we deem appropriate, including removing the material at issue, denying access to and use of the Site and/or terminating the accounts of violators, pursuant to the DMCA or otherwise. In the case of termination under this paragraph, Burnt Rose Studio shall have no obligation to provide a refund of any amounts previously paid.
Disclaimer of Warranties
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Burnt Rose Studio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Burnt Rose Studio does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Burnt Rose Studio does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Burnt Rose Studio shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Burnt Rose Studio has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
All products sold by Burnt Rose Studio are warranted against defects in material and workmanship for a period of two (2) years from the date of shipment. If you believe any Burnt Rose Studio product you have purchased has a defect in material or workmanship or has failed during normal use within the warranty period, please contact Burnt Rose Studio at 215-771-6569 for assistance. If product repair or replacement is necessary, the Customer will be solely responsible for all shipping charges and proper packaging to prevent breakage in transit, whether or not the product is covered by this warranty.
Links to other sites
At times, to provide increased value to our visitors, Burnt Rose Studio may link to sites operated by third parties. However, even if the third party is affiliated with Burnt Rose Studio, Burnt Rose Studio has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Burnt Rose Studio. These linked sites are only for your convenience and therefore you access them at your own risk.
The Site is controlled and operated from the United States. The Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of the Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those
who choose to access Burnt Rose Studio do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If you have any questions or comments regarding these Terms, please contact: info@BurntRoseStudio.com.
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Burnt Rose Studio products) shall be in the state or federal courts located in Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Burnt Rose Studio products) must be commenced within one (1) year after the claim or cause of action arises. Burnt Rose Studio’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Burnt Rose Studio may assign its rights and duties under this Agreement to any party at any time without notice to you.