Agreement between user and Sara Kate Studios LLC
Welcome to www.sarakatestudios.com. The http://www.sarakatestudios.com website (the “Site”) is comprised of various web pages operated by Sara Kate Studios LLC. http://www.sarakatestudios.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein (the “Terms”). Your use of http://www.sarakatestudios.com constitutes your agreement to all such Terms. Please read these terms carefully.
Use of this website shall in all respects be governed by the laws of the state of Oklahoma, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Oklahoma courts located in Oklahoma County, Oklahoma, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Visiting http://www.sarakatestudios.com or sending emails to Sara Kate Studios LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site, satisfy any legal requirement that such communications be in writing.
Sara Kate Studios LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this http://www.sarakatestudios.com only with the permission of a parent or guardian.
All orders are custom, made to order based on the customer's specifications at the time of ordering and as such, the customer is responsible for any costs incurred by Sara Kate Studios LLC up to the point of cancellation including return freight and re-stocking fees.
Changing an Existing Order
In the event you need to change an existing order, we need to hear from you as soon as possible (within 12 hours) due to the made and finished to order nature of our products. If the merchandise has already been entered into our system or if your order is already in production or ready for shipment, it is unlikely we will be able to make any changes. In every possible case, we will do our best to accommodate you. Changes accepted will be charged accordingly based on the extra labor and production needs.
While we have shown the accuracy of our colors to the best of our ability, you recognize that the actual color of any merchandise may differ from that shown on our website due to settings on each individual computer.
Availability of Merchandise
Availability of merchandise is subject to change or discontinuance without notice.
If you are not available for the delivery, if you have entered your shipping address incorrectly or if it is incomplete in any way (missing apartment number, dorm number, room number, mailbox number, etc.), you will be responsible for all fees related to the re-routing of your order.
http://www.sarakatestudios.com may contain links to other websites (“Linked Sites”). The linked sites are not under the control of Sara Kate Studios LLC, and Sara Kate Studios LLC is not responsible for the contents of the linked site, including without limitation any link contained in a Linked Site, or any changes or updates to Linked Site. Sara Kate Studios LLC is only providing these links to you only as a convenience and to provide increased value, and the inclusion of any link does not imply endorsement by Sara Kate Studios LLC of the site or any association with its operators.
Certain services made available via http://www.sarakatestudios.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.sarakatestudios.com domain, you hereby acknowledge consent that Sara Kate Studios LLC may share such information and data with any third party with whom Sara Kate Studios LLC has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.sarakatestudios.com and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sara Kate Studios or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sara Kate Studios LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of ay protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sara Kate Studios LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sara Kate Studios LLC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Sara Kate Studios LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sara Kate Studios LLC content accessed through http://www.sarakatestudios.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Sara Kate Studios LLC, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Sara Kate Studios LLC and/or its suppliers may make improvements and/or changes in the site at any time.
Sara Kate Studios LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Sara Kate Studios LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
This site and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sara Kate Studios LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sara Kate Studios LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sara Kate Studios does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sara Kate Studios LLC employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial Sara Kate Studios LLC content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Sara Kate Studios LLC reserves the right, its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oklahoma and you hereby consent to the exclusive jurisdiction and venue of courts in Oklahoma 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, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sara Kate Studios LLC as a result of this agreement or use of the Site. Sara Kate Studios LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sara Kate Studios LLC right to comply with governmental , court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sara Kate Studios LLC with respect to such use. If any part 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 is 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sara Kate Studios LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sara Kate Studios LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sara Kate Studios LLC reserves the right, in its sole discretion, to change the terms under which http://www.sarakatestudios.com is offered. The most current version of the Terms will supersede all previous versions. Sara Kate Studios LLC encourages you to periodically review the Terms to stay informed of our updates.
Effective as of August 15, 2011