Terms Of Use

Terms and Conditions

Agreement between user and www.elizparsons.com
Welcome to www.elizparsons.com. The www.elizparsons.com website (the “Site”) is comprised of various web pages operated by Elizabeth Parsons, Artist (“E. Parsons Artist”).  www.elizparsons.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.elizparsons.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.elizparsons.com is a E-commerce Site.

elizparsons.com offers free galleries of art by Elizabeth Anne Parsons and sells “use” and ”replication” rights for individual works.

Electronic Communications
Visiting www.elizparsons.com or sending emails to E. Parsons Artist constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that E. Parsons Artist is not responsible for third party access to your account that results from theft or misappropriation of your account. E. Parsons Artist and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. E. Parsons Artist 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 www.elizparsons.com only with permission of a parent or guardian.

Cancellation/Refund Policy
elizparsons.com provides a 100% Satisfaction Guarantee. You may request a refund at any time for unused products or services. Use of a product or service will constitute full acceptance and release the right to a refund. Paid Subscription refunds are provided for the most recent payment only.

Links to third party sites/Third party services
www.elizparsons.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of E. Parsons Artist and E. Parsons Artist is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. E. Parsons Artist is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by E. Parsons Artist of the site or any association with its operators.

Certain services made available via www.elizparsons.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.elizparsons.com domain, you hereby acknowledge and consent that E. Parsons Artist may
share such information and data with any third party with whom E. Parsons Artist has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.elizparsons.com users and customers.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.elizparsons.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to E. Parsons Artist that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.

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 E. Parsons Artist 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. E.
Parsons Artist content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any 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 E. Parsons Artist 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 E. Parsons Artist or our licensors except as expressly authorized by
these Terms.

Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.

E. Parsons Artist has no obligation to monitor the Communication Services. However, E. Parsons
Artist reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. E. Parsons Artist reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.

E. Parsons Artist reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in E. Parsons Artist’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. E. Parsons Artist does not control or endorse the content,
messages or information found in any Communication Service and, therefore, E. Parsons Artist
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized E. Parsons Artist spokespersons, and their views do not necessarily reflect those of E.
Parsons Artist.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.

Materials provided to www.elizparsons.com or posted on any E. Parsons Artist web page
E. Parsons Artist does not claim ownership of the materials you provide to www.elizparsons.com
(including feedback and suggestions) or post, upload, input or submit to any E. Parsons Artist Site
or our associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting E. Parsons Artist, our affiliated
companies and necessary sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. E.
Parsons Artist is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in E. Parsons Artist’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.

International Users
The Service is controlled, operated and administered by E. Parsons Artist 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 E. Parsons Artist Content
accessed through www.elizparsons.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless E. Parsons Artist, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

E. Parsons Artist reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
E. Parsons Artist in asserting any available defenses.

Liability disclaimer
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. ELIZABETH PARSONS, ARTIST AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ELIZABETH PARSONS, ARTIST 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. ELIZABETH PARSONS, ARTIST 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 NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ELIZABETH PARSONS, ARTIST AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF ELIZABETH PARSONS, ARTIST OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction
E. Parsons Artist reserves the right, in 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 California and you hereby
consent to the exclusive jurisdiction and venue of courts in California 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 E. Parsons Artist as a result of this agreement or use of the Site. E. Parsons Artist’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of E. Parsons Artist’s 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 E. Parsons Artist 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 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and E. Parsons Artist with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and E.
Parsons Artist 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 an d 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
E. Parsons Artist reserves the right, in its sole discretion, to change the Terms under which
www.elizparsons.com is offered. The most current version of the Terms will supersede all previous
versions. E. Parsons Artist encourages you to periodically review the Terms to stay informed of
our updates.

Contact Us
E. Parsons Artist welcomes your questions or comments regarding the Terms:
Elizabeth Parsons, Artist
481 1/2 East Avenue 28
Los Angeles, California 90031
Email Address:
ep@elizparsons.com
Telephone number:
760-220-9515

Effective as of January 01, 2011

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