WEBSITE AGREEMENT

CONDITIONS OF USE

Hello and welcome to our website. On behalf of all of us at Myers Massie Studio, Inc., a.k.a. Fred Myers Studio, Inc. ("MMS"), thank you for your interest in our products.

The following are the terms of legal agreement between you and MMS. By accessing, browsing, and/or using this website ("Site"), you acknowledge that you have read, understood and agreed to be bound by these terms and to comply with all applicable laws and regulations, including both United States and Canadian Copyright and Trademark laws. If you do not agree to these terms, please do not use this site.

This site is operated by MMS from its offices in Vancouver, British Columbia, Canada. MMS makes no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

MMS reserves the right to alter or amend the terms of this agreement at any time, you agree that each time you visit our Site, you will be subject to and bound by the current terms of this agreement.

OWNERSHIP

This Site is owned and operated by MMS and, unless otherwise noted, MMS owns or controls the Copyright in all materials provided here. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of MMS's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited.

TRADEMARKS

The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of MMS, unless otherwise noted. Nothing in this Site should be construed as granting - by implication, estoppel, or otherwise - any license or right to use any trademarks displayed on the site without the express written permission of MMS or the trademark owner, the name "Myers Massie Studio, Inc." or Fred Myers Studio. Inc. or "Fred Myers" or "Mollie Massie" or MMS's logos may not be used in any way without MMS's prior written consent.

You may not use MMS's logos as a "hot" link to any other site unless the establishment of such a link is approved by MMS in advance and in writing.

A partial list of Trademarks owned by MMS follows:
Goat Looking Back

FM
Myers Massie Studio, Inc.
Fred Myers Studio, Inc.
Mollie Massie
Fred Myers

Virginia's Doodlebug

Hands Up


The following are representative of the copyrighted designs of MMS:

Virginia's Doodlebug
Family of Three
Hands Up
Big Hands Big Feet Goat Running
Couple Holding Hands Flute Player
Spaceman Arara
Circle of Friends
Big Ears
Crane With Many Fish Cougar
Deer Jumping
Dancing Eagle
Directional Hands and Feet Deer Posing
Goat with Funny Tail
Double Headed Ram
Mimbres Fish
Martian
New Guinea couple Moose
Soreback Plumed Serpent
Storyteller Stag

 

Any questions regarding the use of these Trademarks or copyrights or potentially related marks should be referred to MMS at
(604) 266-5009.

SINGLE COPY LICENSE

You may download one copy of the information contained in this website (the "Materials") on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the materials; (c) remove any copyright, trademark registration, or other proprietary notices from the materials; or (d) transfer the materials to another person.

SUBMISSIONS

We appreciate hearing from our customers and welcome your comments regarding MMS products and this website. Please be advised, however, the MMS's company policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our service and products, please be specific in your comments regarding our services and products and do not submit creative ideas, inventions, suggestions or materials.

If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Information"), the Information shall be the property of MMS. None of the Information shall be subject to any obligation of confidence on the part of MMS and MMS shall not be liable for any use of disclosure of any Information. MMS shall own exclusively all now known or later discovered rights to the information and shall be entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

DISCLAIMER

This website may contain links to sites which are not maintained by MMS. While we try to include links only those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply MMS's endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

THE MATERIALS AND INFORMATION YOU FIND ON THE MMS WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRENTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRENTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You specifically acknowledge that MMS is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and MMS reserves the right to remove such materials from the MMS website without liability.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall MMS be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if MMS or a MMS authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall MMS's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site.

TERMINATION

MMS may terminate this license at any time if, in MMS's sole discretion and judgment you fail to comply with any term or provision of this agreement. Upon termination, you shall destroy any materials.

CONTRACT INTERPRETATION

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, irrespective of any applicable conflicts of law principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and MMS relating to the subject of this website.

INDEMNITY

You agree to defend, indemnify, and hold harmless MMS, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement. MMS shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.


DISPUTE RESOLUTION

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate court located in Vancouver, British Columbia, Canada. You expressly waive and are estopped from asserting any right to pursue any claim against MMS relating to this Agreement in any forum or venue located outside of Vancouver, British Columbia, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Vancouver, British Columbia, at MMS's sole discretion.

Once again, thank you for your interest in MMS. We hope that you find this website interesting and enjoyable.

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