Everyone Needs Their Own Spot ... and I've found mine. You see, I'm Mary's lawyer, and it is my job to protect her wonderful artwork. So it probably isn't a surprise to you that my idea of fun is to sit around and think about the Copyright Law ... To Thine Own Self Be True! I know what you're thinking: Lives, Get One. Of course, you're right. So in order to make the legal stuff bearable, we included some of Mary's titles in hopes this important agreement would be fun and informative ... Let's Put the Fun Back in Dysfunctional for Goodness Sake!
This website (the "Site") - maryengelbreit.com ™ and its affiliate shop.maryengelbreit.com - is offered to you, the user, ("you" or "User") conditioned solely upon your acceptance of all the provisions of this Agreement. By accessing and using the Site, you agree to abide by all the provisions of this Agreement.
Copyright and Trademark
© Mary Engelbreit Enterprises, Inc. All rights reserved. This Site is operated by Mary Engelbreit Studios, Inc. under license from Mary Engelbreit Enterprises, Inc. Mary Engelbreit Enterprises, Inc. is the owner of all right, title and interest in this Site and its contents, including without limitation, all copyrights, trademarks and service marks and all of the good will therein. (Mary Engelbreit Studios, Inc., Mary Engelbreit Retail, Inc. and their affiliated companies are collectively referred to herein variously as "Engelbreit" or "ME"). You guessed it. She's the Queen of Everything! The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site is protected by copyright, pursuant to U.S. copyright laws, Common law copyright, international conventions, and other copyright laws. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any uploading, posting or submission of your content on the Site. Do Unto Others as You Would Have Them do Unto You.
The following trademarks and service marks are owned by Engelbreit: Mary Engelbreit®, ME®, and Mary Engelbreit's Home Companion®. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
In order to utilize the e-commerce capabilities of this Site, you will need to establish an online account with The Mary Engelbreit Store. By setting up your user account, you agree to (1) provide truthful, accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with this User Agreement. You may review, correct, change or update your account information by visiting the "My Account" section of the Site or by e-mailing our customer service at firstname.lastname@example.org. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account.
As part of the "My Account" registration process, you will be asked to select an account user name and password, which you will use each time you login to your account. You may not choose a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any account user name at our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account was suspended or terminated to use the Site through your account, user name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by e-mailing us at email@example.com. You are solely responsible for maintaining the confidentiality of your account user name and password for any and all activities (including purchases) that are conducted through your account.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
The Site is intended to be used for lawful purposes only. You may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing" or defacing any portion of the Site.
While we attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any product on the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.
Third Party Websites
All Electronic Submissions
Users posting materials on this Site are responsible for the content of that material. Engelbreit has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through Engelbreit's pages. However, Engelbreit retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete any such posted third-party material which Engelbreit deems to be illegal, offensive or otherwise inappropriate. Shout it From the Roof Tops, everyone should know! While Engelbreit welcomes general comments regarding its products and services, it does not accept unsolicited artistic submissions.
Modification of this Agreement
Engelbreit reserves the right to change this Agreement at any time by publishing a revised version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site following any such changes means you accept and will abide by these changes. We really do invite you to come back and visit this page. You've got to be thinking I Don't Get It, why would anyone want to read legal-eagle stuff! That's where I come in: Don't Just Be Good. Be Good for Something.
Since the materials in this site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Engelbreit disclaims all warranties, express or implied. Sorry, but in no event will ME be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. Life is 10% what happens to you and 90% what you do with what happens to you.
You agree to defend, indemnify, and hold harmless Engelbreit, its suppliers, affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this User Agreement by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval. Do Good. Avoid Evil!
Engelbreit is fully committed to data security. We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. To prevent unauthorized access to our data, maintain data accuracy and ensure the appropriate use of information, we have put in place physical and electronic procedures to safeguard and secure the information you provide to us online. We limit access to your personally identifiable information to those who need the information in order to do their jobs. They are prohibited from using the information for any purpose other than to carry out the services they are providing for the Mary Engelbreit companies.
While we strive to protect your personal information, we cannot guarantee the security of the information you transmit to us. In this regard, we urge you to take every precaution to protect your personal data while you are on the Internet.
We maintain our website and information databases in the United States. When you voluntarily provide your information to us via our website, you agree to the privacy terms outlined in the Privacy Statement, regardless of your country of origin.
You acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and Engelbreit shall not be responsible for any such third party access to such connections and/or transmissions.
This User Agreement and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to the use of the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is governed by the laws of the State of Missouri, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of St. Louis, Missouri, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any rights not expressly granted herein are reserved to Engelbreit. © Mary Engelbreit Enterprises, Inc. All rights reserved.
The Mary Engelbreit companies welcome your questions or comments regarding this User Agreement. Please contact us via e-mail and use the phrase "User Agreement" in the subject line, or write to us at the following address:
RE: User Agreement
Mary Engelbreit Studios
4660 Maryland Ave., Suite 215
Saint Louis, MO 63108
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny at our sole discretion. Please send your request to:
Mary Engelbreit Studios
4660 Maryland Ave., Suite 215
Saint Louis, MO 63110
Linking To Our Site
If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to firstname.lastname@example.org.
Yep! It's true. She's the Princess of Quite-a-Lot. Engelbreit reserves the right to make any and all changes to the Site at its sole discretion without notice to users. Engelbreit reserves the right to deny access to the site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of Missouri, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of St. Louis, Mo., in the United States of America, in all disputes arising out of or relating to the use of the Site. And in case you forgot, We Don't Care How They Do it in New York. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Engelbreit with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Engelbreit with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved to Engelbreit. ©Mary Engelbreit Enterprises, Inc.. ALL RIGHTS RESERVED.
Effective Date: October 9, 2006
So, in closing, Miss Smarty would just like to say, I Thank You From the Bottom of My Heart for bearing with me. You see, I am really proud that I have the privilege of protecting the artistic and legal integrity of Mary's art. After all, That's What (Mary's) Friends Are For. I know you will agree when I say If There's Anything Half so Much Fun as Being Alive, I'd Like to Know What it Is!