Terms and Conditions
Welcome to the Ellen Ehli Art website (“EEA,” “my,” “we,” “us,” or “our”).
EEA is committed to protecting its users’ rights and privacy. The EEA Terms and Conditions (“Terms and Conditions”) are designed to help you make informed decisions when using our Website.
Topics addressed in these Terms and Conditions:-
1. Acceptance of Terms and Conditions
BY ACCESSING THE EEA WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (“Terms and Conditions”). Please note that EEA may revise the terms and conditions at any time, and these revisions shall bind you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE EEA WEBSITE NOW AND REFRAIN FROM FURTHER USE.
2. Protection of Privacy
The names, titles, trademarks, service marks, and logos that appear on the EEA website are registered and unregistered marks of EEA. You may not use the EEA Trademarks without EEA’s prior, written permission.
Trademarks of business partners and other third parties may also appear on the EEA website. You may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the EEA website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the EEA Trademarks —- or may be construed to mean that EEA has authority to grant any right or license on behalf of any third party trademark owner.
4. Protection of All Content by Copyright Laws
Images, artwork and design, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the EEA website are protected by copyright laws. This content may be covered by other restrictions including for example, rights of privacy and publicity. EEA retains all rights it may hold, including copyright, in data, image, text, and any and all other information contained in these files. Copyrights and other proprietary rights related to the material on this website may also subsist in individuals and entities other than, and in addition to, EEA.
EEA EXPRESSLY PROHIBITS THE COPYING OR PRINTING OF ANY SUCH PROTECTED MATERIALS ON THIS WEBSITE, except for the purposes of fair use as defined in the copyright laws — and as described below.
5. Fair Use is Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from EEA’s website for such uses are welcome to do so without EEA’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “https://ellenehliart.com.”
By downloading, printing, or otherwise using text, audio, video, image and other files from the EEA website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to Fair Use, and will not violate EEA’s or any other party’s proprietary rights.
6. Commercial Use is Prohibited
Unauthorized downloading, publication or exploitation of EEA’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. If you wish to reproduce works of art from EEA’s website collection, please contact us at “https://ellenehliart.com/Contact”.
7. Reservation of rights
All rights not expressly granted by EEA herein are specifically and completely reserved. Nothing on the EEA website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party —- or may be construed to mean that EEA has authority to grant any right or license on behalf of any third party.
8. Unrestricted Forums
EEA at times may provide unrestricted forums on the EEA website for the exchange of ideas and information by participants. EEA does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the EEA website that you do not own, EEA requires that you obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the EEA website that 1/ is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; 2/ contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 3/ infringes the copyright or other proprietary rights of any third party; or 4/ contains any advertising, promotional, or solicitation material.
9. Reviews and Comments
You may have an opportunity to comment on or provide reviews of products purchased from the Ellen Ehli Art shop, or other affiliated stores, websites or galleries offering such products. By submitting comments or reviews (the “Comments”) you hereby grant to EEA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, EEA, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: a/ you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to EEA the rights in such Comments, as contemplated herein; and b/ neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or EEA’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
EEA may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).
Any communication or material unrelated to a completed purchase transaction that you post, transmit, or distribute to the EEA website by electronic mail, contact form or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by EEA or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, EEA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the EEA website for any purpose whatsoever including but not limited to, developing and marketing products using such information.
11. Warranty and Indemnification
By using the EEA website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold EEA, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the EEA website.
12. Disclaimer Of Warranties
EEA PROVIDES THE SITE ON AN “AS IS” BASIS.
YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. EEA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. EEA DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.
EEA MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT (be it written or digitized images), OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. EEA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
13. Limitation Of Liability
NEITHER EEA NOR ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (even if we have been advised of the possibility of such damages) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND COMPILATION.
14. Severance and Waiver
You acknowledge and agree that in the event that any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near as possible the intent of the parties as reflected in the provision, and —- if such an alteration is not possible — shall be severed and deleted from these Terms and Conditions.
EEA’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by EEA.
15. Choice of Law and Venue
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Connecticut, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in Fairfield or New Haven County and the State of Connecticut, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
16. Entire Agreement
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof.
To be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
Last Update: 25 July 2020