Terms + Conditions
Welcome to Stone Cicada Studio's (“SCS”) website (the “Website”). It is important that you have the best possible experience while using this Website, and that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use along with our Privacy Policy as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to be bound and abide by the Terms and Conditions of Use and Privacy Policy. If you do not wish to be bound by them, you must cease use of the Website. Please read these Terms and Conditions carefully. The Website provides information about SCS and parties unrelated to SCS (”Third Parties”). We make this Website available to the public subject to the following terms, policies, and guidelines.
Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of SCS, its Affiliates, or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
With the exception of fair use as described below, unauthorized reproduction, distribution, and exploitation of the Content is not permitted. Anyone wishing to use any of the Content for any purpose other than fair use as set forth below must request and receive prior written permission from SCS. SCS reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of SCS. A usage fee may be involved depending on the type and nature of the proposed use. In accordance with the applicable copyright laws, any materials authored by SCS may be used for limited educational and non-commercial purposes without permission, provided that the source of the materials is cited as any other printed work. Any use of the Content that does not qualify as fair use is subject to SCS's prior written approval, and the user must request and receive such approval prior to any use.
Permissions and Requests for Images and Other Content. Except as expressly permitted herein, reproduction or redistribution of the Website Content or any portion of the Website Content is strictly prohibited without the prior written permission of SCS. To request permission to use or reproduce images of objects from the Website, please contact stone.cicada.studio@gmail.com. Reproduction of any images © Jessica Ruthven or Stone Cicada Studio is prohibited without written authorization.
Third-Party Content and Links. The Website includes hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither SCS nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by SCS, Affiliates or their respective employees or agents.
Under no circumstances will SCS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website. You use the Website at your own risk.
Privacy. Please review our Privacy Policy for information about our use of information collected through the Website.
Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of SCS, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, Stone Cicada Studio, are registered or unregistered trademarks of SCS, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.
Linking and Framing. Without the prior written permission of SCS, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of SCS into another website or other service.
Release and Waiver. You acknowledge that SCS and its Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder.
Indemnity. By using this website, you agree to defend, indemnify, and hold Stone Cicada Studio (including its directors, owners, employees, affiliates, and agents) harmless from and against any claims, costs, liabilities, damages, losses, and expenses of any kind (including, without limitation, reasonable legal and accounting fees and costs, any actual or threatened suit, demand, or claim made against SCS) arising out of or in any way related to your access to or use of the Stone Cicada Studio Website, services, products, art, information, materials, or content. You also indemnify Stone Cicada Studio for any loss or damage or adverse effect to your computers or data arising as a result of visiting this website or any website linked to this website.
Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other content on the Website are provided “as is” and without warranties of any kind, either express or implied. Neither SCS, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
To the full extent permitted by applicable law, SCS, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, copyright or any warranty that the Website will operate uninterrupted or error-free. SCS does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. SCS does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise. SCS makes no warranties that your use of the materials on the Website, information, software, facilities, forums, service or Content will not infringe the rights of others and SCS assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content.
Under no circumstances will SCS, affiliates, or any of their respective principals, employees, directors, officers, or agents be personally or otherwise liable for any direct or indirect losses or damages in any way connected with the use or inability to use the Website or any content included on the Website or for any claim arising in connection with a purchase of a photograph, document, product, or service through the website. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Stone Cicada Studio website, services, art, content, products, information, and materials remains with you. Neither Stone Cicada Studio nor any other party involved in creating, producing, or delivering the website, services, art, content, products, information, and materials will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the website or its services, art, content, products, information, or materials or from any communications, interactions, or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site, products, or services.
This is a comprehensive limitation of liability that applies to all losses and damages of and to any kind, whether based on warranty, contract, tort (including negligence), product liability, strict liability, or any other legal theories, and whether such damages are characterized as general, special, consequential, incidental, exemplary, or otherwise, even if SCS is expressly advised or informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose.
If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.
Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time in our sole and absolute discretion. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. Please review these Terms and Conditions of Use periodically and check the version date for changes.
No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of SCS. SCS reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. SCS shall not be liable to you or any third party should SCS exercise its right to modify or discontinue the Website or part of it.
Entire Agreement. These Terms and Conditions of Use and the SCS Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.
Contacting Us. You may contact us at the following address: stone.cicada.studio@gmail.com.