This website (“Website”), located at the WWW.KARENTITUSSMITH.COM domain name, is published and maintained by Aldrich Consulting Services, Inc. and Karen Titus Smith. By accessing and using the Website, and/or using the services offered on or through the Website (the “Services”), you agree to this Terms of Use Agreement as it may be amended from time-to-time.
1. Website Purpose. The purpose of the Website is to provide the public with general information about the The Studio Classroom, LLC in Pemberton, NJ (“the Studio Classroom”) and the materials in the Karen T. Smith’s collection. The Website, all Services, and all Content (meaning all material on the Website or offered through the Services, including, without limitation, all images, text, audio, video marks, logos, software, and their selection and arrangement) are provided only for personal, educational, and non-commercial use.
2. Copyright Ownership and Restrictions. All Content is owned and controlled by the Studio Classroom and/or its affiliates and licensors, and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content.
3. Inappropriate Use and Access. (a) You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law. (b) You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself, through Voice computer systems. © You may not take any action that imposes or may impose an unreasonable or disproportionately large load on the Studio Classroom’s network infrastructure, as determined by the Studio Classroom in its sole discretion. (d) You may not interfere or attempt to interfere with the proper working of the Website or any Services. (e) You may not bypass any measures the Studio Classroom may use to prevent or restrict access to the Website, Content, or Services. (f) You may not link from any other website to this Website in any manner such that this Website, or any Content, is “framed” or surrounded by any other content, materials, or branding.
4. Privacy. Use and release of information gathered from the Website is governed by the Studio Classroom Art Gallery Privacy Policy (“Privacy Policy”), which is linked here and incorporated herein by reference.
5. Disclaimer. Your use of the Website, Content, and Services is at your own risk. THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, THE STUDIO CLASSROOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR THE STUDIO CLASSROOM’S NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE STUDIO CLASSROOM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF THE STUDIO CLASSROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE STUDIO CLASSROOM’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.
6. Links. The Website may contain links to other websites (“Linked Sites”) operated by parties other than the Studio Classroom. The Studio Classroom has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and the Studio Classroom is not responsible for the content of any off-site pages or other Linked Sites. the Studio Classroom’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.
7. Termination. The Studio Classroom may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons the Studio Classroom might do so include, but are not limited to, the following: (a) your breach of this Agreement; (b) the Studio Classroom is unable to verify or authenticate any information you provide to us; or © the Studio Classroom believes that your actions could cause financial loss or legal liability to the Studio Classroom or other users of the Website; and (d) routine network maintenance affecting all users.
8. Changes to this Agreement. The Studio Classroom retains the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
9. Governing Law and Venue. The Website is created and controlled by the Studio Classroom in the state of Washington. This Agreement is governed by the laws of the state of Washington, without regard to its conflict of laws principles. By using the Website, Content, or Services, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to your use.
10. General. This is the entire agreement between you and the Studio Classroom and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. the Studio Classroom’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
