Welcome to LisaPenney.com. So you care about all the legal language? Alright, here it is!
1. Accepting these Terms
The Terms are a legally binding contract between you and LisaPenney.com.
This contract sets out your rights and responsibilities when you use the services provided by LisaPenney.com (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website or sending us an e-mail), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Don’t worry, we are very reasonable people.
2. Other Documents
You should definitely be aware of all other legal documents on LisaPenney.com :
3. Your Account with LisaPenney.com
You may be asked to create an account with LisaPenney.com to use some of our Services, such as streamlined check out. Here are a few rules about accounts with LisaPenney.com:
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
D. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
E. Let’s be clear about our relationship, just for ultimate clarity. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and LisaPenney.com or anyone affiliated with our site. That isn’t to say you can’t try. We do like to work with other artists!
4. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. Don’t commit fraud, theft or any other crimes against LisaPenney.com, its owners and operators, or anyone affiliated.
- B. Pay Your Bills. You are responsible for paying all fees that you owe to our shop. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases you make. (But if some kind of tax break for you applies to a purchase, for some strange reason, go for it!)
- C. Don’t Mess With Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. You agree not to hack, modify or augment our site in any way — not to gain information, not to sabotage and not even just for fun.
- D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- E. Communicate With Us, Don’t Imitate Us. The name Lisa Penney belongs to Lisa Penney, and the name LisaPenney.com belongs to LisaPenney.com. If you’d like to work with us, e-mail us at: shop@LisaPenney.com. We also love suggestions and ideas! However, any unsolicited ideas or other materials you submit to any e-mail associated with LisaPenney.com are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. That doesn’t mean we are unwilling to write up contracts or sign them; and you can always propose your own contracts in case LisaPenney.com and yourself or a third-party all agree to collaborate.
Termination By You. You may terminate your account with LisaPenney.com at any time by sending a request to shop@LisaPenney.com. We will immediately destroy your account information. LisaPenney.com does not store or share your account information. But, if you have any outstanding bills with LisaPenney.com, terminating your site account does not void any bills or invoices.
Termination By LisaPenney.com. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. LisaPenney.com may refuse service to anyone, at any time, for any reason. If you or LisaPenney.com terminate your account, you may lose any information associated with your account.
We May Discontinue the Services. LisaPenney.com reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
6. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Works of Parody. You understand that LisaPenney.com produces and sells artistic items through our Services. Some of those items may be comments on popular culture, or be inspired by artistic works that are the IP (Intellectual Property) of someone else. Our art pieces are governed by U.S. Copyright Law and are owned by LisaPenney.com unless otherwise stated in the product description (in which case copyright belongs to respective owners). LisaPenney.com strives to create designs commenting on third-party IP only if the designs are new, original, and/or transformative works that parody, satirize, or provide social commentary on the IP rights of others. In other words, Lisa must make “fair use” of the IP rights of others.
- If you are a copyright owner and believe that material has been posted on LisaPenney.com in a way that infringes one or more of your copyrights, you may submit a DMCA takedown notification to LisaPenney.com. Please refer to our DMCA Policy, which is hereby expressly incorporated herein, for more information.
People You Interact With. You might find a way to use the Services to interact with other individuals, by connecting to fans of LisaPenney.com for example through our Services. However, you understand that we can not be expected and do not screen users of our Services, and you release us from all liability relating to your interactions with other users, especially of third party services like Instagram (see below). Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
|Warranties. LisaPenney.com is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither LisaPenney.com, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall LisaPenney.com’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid LisaPenney.com in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
7. Indemnification (or What Happens If You Get Us Sued)
This would be really weird but if LisaPenney.com gets sued because of something that you did with a product from our site, you agree to defend and indemnify us. That means you’ll defend LisaPenney.com and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
8. Disputes with LisaPenney.com
If you’re upset with us, let us know, and hopefully we can resolve your issue. Please e-mail: shop@LisaPenney.com for issues related to the content, shop and/or products. Please e-mail: webmaster@LisaPenney.com for issues related to the shop and/or web site. But if we can’t resolve it through discourse, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
B. Arbitration. You and LisaPenney.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Any arbitration under the Terms will take place on an individual basis.
C. Forum. We’re based in Phoenix, Arizona so any legal action against LisaPenney.com related to our Services must be filed and take place in Phoenix. That means the seat of any arbitration shall be Phoenix in Maricopa County. For any actions not subject to arbitration, you and LisaPenney.com agree to submit to the personal jurisdiction of a state court located in Maricopa County, Arizona.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
9. Changes to the Terms
We may update these Terms from time to time. You are responsible for reviewing and becoming familiar with any changes. Changes to the Terms will be announced on the blog at LisaPenney.com. You may optionally use the RSS feed to notify yourself of blog updates if you can’t be bothered to check. However, you are still responsible to catch up yourself, and your use of the Services following the changes constitutes your acceptance of the updated Terms.
10. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and LisaPenney.com regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
11. Contact Information, Again
If you have any questions about the Terms, please see the contact page or email us at firstname.lastname@example.org.
Last Updated on July 26, 2016