Terms of Use

Website Terms of Use

This website (the “Website”) is owned and operated by Shelly Lang

The following Terms of Use govern your access and use of the Shelly Lang Website (“Website”).  Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Website.  By accessing or using this Website you indicate your agreement to these Terms of Use.  If you do not wish to be bound by these Terms of Use, do not access or use this Website.

Website Content

This Website contains intellectual property owned by Shelly Lang, including copyright protected written and graphic content, trademarks, and other proprietary information.  Shelly Lang reserves all rights in its intellectual property.  You may not publish, create derivative works from, or in any way exploit any of the Site Content in whole or in part without prior express written agreement of Shelly Lang.

Third Party Links

The Website contains links to third party websites and resources.  You acknowledge and agree that Shelly Lang is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Blog Comments

Shelly Lang invites comments to its blog posts.  While lively and vigorous commentary is welcome, disrespectful, libelous, false commentary is not.  Shelly Lang reserves the right to remove any commentary that does not meet the standard of respectful inquiry and debate.  Please note that while you hold the copyright if any, in commentary and other content you may submit, by posting material on the Website, you grant Shelly Lang a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Website and related publications.

Disclaimer of Warranties

This website is offered as is.  Shelly Lang does not guarantee, represent or warrant that your use of the Website or the products offered therein, will be uninterrupted, timely, secure or error free.  Shelly Lang does not warrant that the results that may be obtained from your use of the site, or the products offered will be accurate or reliable.

You agree that from time to time Shelly Lang may remove some or all of the products offered on the Website for indefinite periods of time.

You agree that your access or use of the Website, and all content or services you may obtain through the Website, are at your own discretion and risk.  You agree that the Website and all products delivered to you through the Website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Limitation of Liability

In no event will Shelly Lang be liable with respect to any subject matter of these Terms of Use, or your use of the Website, under any theory of damages indirect, special, punitive, incidental or consequential, or any other damages arising in any way out of the use, reliance on, or inability to use the Website or its products or for any claim attributable to errors, omissions or other inaccuracies in the Website or its products or services.  In no event shall Shelly Lang’s cumulative liability to you exceed the total purchase price of the products you have purchased from Shelly Lang.  This provision will not apply to the extent prohibited by applicable law.

For Lawful Use Only

You represent and warrant that your use of the site will be for lawful purposes only.  You will not use the Website for any illegal purpose, to facilitate the violation of any law or regulation, orin a manner inconsistent with these Terms of Use.

Description of Website Offerings

Shelly Lang endeavors to describe and display the content and products shown on the Website as accurately as possible.  Please do not accept that the Website is entirely accurate, current, or error free.  From time to time Shelly Lang may correct errors in pricing and descriptions.  Shelly Lang reserves the right to refuse or cancel any order for any reason including on the basis of an incorrect price listing.

Indemnification

You agree to indemnify and hold harmless Shelly Lang against any and all liability, claims and losses, including third-party claims arising out of any breach by you of these Terms of Use or any use by you of the Website or its products.  You shall not settle any third-party claim or waive any defense without Shelly Lang’s prior written consent.

Digital Millennium Copyright Act (“DMCA”) 

Shelly Lang makes every effort to respect the copyrights of others.  If you see any content on the Website that you believe violates or infringes your copyright, you may submit via email a DMCA take down request.  Please provide the following information:  (1)  The URL, and other description if necessary, to precisely locate the unauthorized material on the Website; (2)  A detailed description of the copyright protected work you believe has been improperly used; (3) A URL link or other reference to the work you believe has been improperly used; (4) Acknowledgements in the following forms, as required by the DMCA:  “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law: and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in you name]”.  Submit this in an email to hello[at]shellylang[dot]com.

Governing Law

You agree that the laws of the State of California shall govern these Terms of Use.  The state or federal courts in Los Angeles, California shall be the exclusive jurisdiction for any dispute relating to these Terms of Use or use of the Website.

Entire Agreement

These Terms of Use and related Privacy Policy constitute the entire agreement between you and Shelly Lang pertaining to your use of the Website and any products offered therein.  

Additions to Website Content

All future products or features added to the Website will also be subject to these Terms of Use.  The most current version of these Terms of Use will be available on this page.  Shelly Lang reserves the right to update, change or replace any part of these Terms of Use.  It is your responsibility to check this page periodically for changes.  Your continued use or access of the Website following the posting of any changes constitutes acceptance of those changes.

Last Updated November 21, 2018

 

 

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