Ownership of This Website
This website is owned and operated by MADE BY JOANNE All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by MADE BY JOANNE, its licensors and its content providers, PrestaShop, Inc.
All elements of MADE BY JOANNE websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with MADE BY JOANNE or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of MADE BY JOANNE or its third party content providers unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify MADE BY JOANNE, its subsidiaries, its affiliates, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
THIS WEBSITE AND ITS CONTENT, SERVICES AND ITEMS SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" AND MADE BY JOANNE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MADE BY JOANNE 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, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MADE BY JOANNE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
MADE BY JOANNE uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
There may be licensed materials, fabrics, and links to other websites from the MADE BY JOANNE website; however, these licensed items, trademarkes, and/or other websites are not controlled by MADE BY JOANNE and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against MADE BY JOANNE regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize any of our images without our permission or other than for the usage indicated on our invoice, or prior to paying that invoice in full, we agree that we may forego our right to sue you for copyright infringement and you agree in such case, to pay as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such authorized use within two weeks of receipt of invoice. If you fail to make payment within that time period, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available including attorney's fees and all associated costs. You will provide three copies at no cost to Licensor of the printed or digital piece and identify the URL for all Web published work.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the District of Columbia, USA , without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of New Hampshire in Hillsborough County.
No Waiver, Severability