Terms and Conditions
Governing Rules for the use of studiostaging3.wpengine.com and related services
These terms and conditions outline the rules and regulations for the use of Studio West Gallery’s website, accessible at https://studiowest2011.wpengine.com, as well as their respective social media sites.
Studio West Gallery’s address of record is:
111 S. West St, Brighton MI 48116
Studio West Gallery’s Facebook page is located at https://www.facebook.com/studiowestgallery
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Studio West Gallery’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Studio West Gallery.
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
- All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of the Client purchasing the services of Studio West Gallery, whether by attending our public or private events of a fixed duration, purchasing tickets for said events, or the purchase of Gift Certificates to be used on said events, in accordance with and subject to, prevailing law of United States and the State of Michigan.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
License of Intellectual Property
Unless otherwise stated, Studio West Gallery and/or it’s licencors own the intellectual property rights for all material on Studio West Gallery. All intellectual property rights are reserved. You may view and/or print pages from https://studiowest2011.wpengine.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://studiowest2011.wpengine.com
- Sell, rent or sub-license material from https://studiowest2011.wpengine.com
- Reproduce, duplicate or copy material from https://studiowest2011.wpengine.com
- Redistribute content from Studio West Gallery (unless content is specifically made for redistribution)
- Publicly performing and/or showing any Website material
- Using this Website to engage in any advertising or marketing
Hyperlinking to our Content
1. Organizations that do not require prior approval
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
2. Organizations that may not require our approval
Soliciting non-profit organizations, charity shopping malls, and charity fundraising groups may hyperlink to our Web site so long as the link:
- is not in any way misleading;
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
3. Organizations that always require approval
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
- the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
- the organization does not have an unsatisfactory record with us;
- the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and
- where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
- is not in any way misleading;
- does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
- fits within the context of the linking party’s site.
If you are among the organizations listed in section 3 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Studio West Gallery’s logo, painting catalog, guest pictures, or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Limitation of Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
In no event shall Studio West Gallery, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Studio West Gallery, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This Website is provided “as is,” with all faults, and Studio West Gallery express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Photo & Video Release Authorization
The Client grants to Studio West Gallery, its representatives and employees, the right to take photographs and/or videos of the Client and their guests, including any worn or carried property, in connection with their attendance at Studio West Gallery’s Paint Party events. They authorize Studio West Gallery, its assigns and transferees to copyright, use and publish the same in print and/or electronically.
The Client agrees that Studio West Gallery may use such photographs and/or videos of the Client and their guests with or without their name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
You hereby indemnify to the fullest extent Studio West Gallery from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Studio West Gallery is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Studio West Gallery is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Studio West Gallery and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the United States of America and the State of Michigan, and you submit to the non-exclusive jurisdiction of the state and federal courts in Michigan for the resolution of any dispute.