TERMS

Introduction This page sets out the terms and conditions of use (the “Terms of Use”) on which this website www.cynthiajacobs.art (the “Site”) is made available to you. Please read this page carefully. By accessing the Site you are agreeing to comply with and be bound by the Terms of Use. You should keep a copy of this page for future reference.
Please note that the Terms of Use do not apply to any of our other websites or any third party websites which are linked to by the Site.
If you have any questions, complaints or comments about the Site or the Terms of Use then please write to us through the contact form.
Your promise to us You promise that you will comply with the restrictions on your use of the Site as set out in these Terms of Use.

User conduct

You agree that in using the Site you will not:

• use the Site or any of its Content (as defined below) for any unlawful purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
• transfer files which contain viruses, trojans or other harmful programs or use the Site or any of its Content (as defined below) in any way that interrupts, damages, impairs or renders the Site less efficient; or
• use the Site for any purpose other than your personal or not-for-profit educational use.

Rights granted and rights reserved

All content available on the Site including, but not limited to, text, graphics, images, logos, audio and video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of us, our affiliates, our partners or our licensors. Your use of the Site and the Content grants no rights to you in relation to our or any third party’s intellectual property rights in the Site and the Content.
You may not copy, reproduce, republish, download, print, post, perform, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site pages, and any Content comprising the Site. You may however view the Site and access its Content in an unaltered form for personal or not-for-profit educational use and make temporary downloads of its Content solely for the purpose and duration of viewing and (where applicable) listening to the Content, provided that you keep intact all copyright notices and otherwise acknowledge the copyright in such Content. We may withdraw this right on notice to you at any time.
Any use which is not permitted by these Terms of Use may only be undertaken with our prior express written consent.

Emails from us

Your use of any information or other content contained in emails received from us will be subject to these Terms of Use.

Privacy Policy

Any information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy. Our Privacy Policy does not apply to any third party websites. Submissions We welcome inquiries or feedback in relation to the Site and/or its Content. Notwithstanding this policy, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant us a nonexclusive, royalty-free, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know-how or intellectual property rights contained in it, for any purpose. If you make a Submission, you promise that you own or otherwise control the rights to your Submission. You further promise that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to compensate us in full for any third party claim which is related to any Submission you provide.

Links to and from other websites

Links within the Site may lead to third party websites which are not under our control. These are intended for your ease of reference and convenience only. We do not control or endorse such websites and are not responsible for their contents. We assume no responsibility for and shall not be liable for any loss or damage which you may suffer by using such websites. You agree that you will not involve us in any dispute between you and any third party in respect of such websites.
Disclaimer The Site may contain Content which some users may find offensive, controversial or distasteful, and/or which is only suitable for adults. If you are a parent, it is your responsibility to ensure that the Site and/or its Content is suitable for your child to view. We recommend that under 18s are supervised when accessing the Site. You should not access Content on the Site if you think you may be offended by it.

Limits on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYNTHIA JACOBS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE SITE CONTENT OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (III) THE PERFORMANCE OF THE SERVICES PURCHASED THROUGH THE SITE;
(IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (VI) TERMINATION OR DOWNGRADING OF YOUR ACCOUNT; OR (VII) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF OUR OTHER SERVICES. OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE SITE OR SITE CONTENT IS THAT YOU STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED U.S. $100.00.

Compensation

You agree to compensate us in full for any loss, damages or costs, including reasonable legal fees, which arise if you breach our or any third party’s intellectual property rights in connection with your use of the Site and/or any Content, or which result from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or from any other action you take that imposes an unreasonable burden or load on our infrastructure.
General If you breach the Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use. If we take legal action against you for any breach of the Terms of Use and a court makes an award in our favor, you will be responsible for all costs allowable by the courts. In addition, you agree to compensate us for any claim or legal proceedings brought against us by any other person as a result of your breach of the Terms of Use. If any part of the Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms of Use are not intended to give rights to anyone except you and us.
These Terms of Use are governed by USA law.

Changes to Terms of Use

We may make changes to these Terms of Use from time to time, in which case any changes will be published on this page. By continuing to use the Site, you shall be deemed to agree to be bound by those changes and revised terms. This page was last updated on May 20, 2020.