Terms of Use - MADE BY JOANNE website. Your Agreement with MADEBYJOANNE.COM.:

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MADE BY JOANNE  ("MADE BY JOANNE" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

 

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.

 

Trademarks
 

"MADE BY JOANNE," "Made by Joanne" and the MadebyJoanne.com and division logos are the property of MADE BY JOANNE . All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

 

Images and text ("verbiage") on the Site are either the property of, or used with permission by, MADE BY JOANNE, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Disclaimers
 

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.

 

Except as specifically stated in these Terms of Use or elsewhere on this website, or as otherwise required by applicable law, neither MADE BY JOANNE nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

 

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.

 

Unauthorized Use
 

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
 

No action of MADE BY JOANNE, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

 

We reserve the right to change these Terms of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between MADE BY JOANNE and you relating to your use of this website.