THIS WEBSITE AND ALL PRODUCTS SHOWN ON THIS WEBSITE ARE THE EXCLUSIVE PROPERTY OF ELLA STUDIO, LLC AND ARE COPYRIGHT PROTECTED BY LAW.
Terms and Conditions
TERMS AND CONDITIONS OF USE (TERMS). Your use of this site signifies your acceptance of these TERMS. From time to time, ella-studio.com (ELLA STUDIO, LLC) may modify these TERMS. Accordingly, please continue to review these TERMS whenever accessing or using this site. Your use of this site or any service of this site, after the posting of modifications to these TERMS will constitute your acceptance of these TERMS, as modified. If, at any time, you do not wish to accept these TERMS, you may choose not to use this site.
(1) User Assent to Terms and Conditions of Use
You represent that you have read and agree to be bound by these TERMS for ELLA STUDIO, LLC. You agree: (i) to comply with applicable U.S. federal, state, local, and foreign laws and regulations regarding the transmission of any data obtained from the Site (as defined herein) in accordance with these TERMS; (ii) not to use the Site for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Website.
(2) Representations and Warranties
By placing an order at this site you represent, warrant and covenant that you (i) have the power and authority to place this order; (ii) are at least eighteen (18) years old or, if not, are using the Website with the involvement of a parent or guardian; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Website only as set forth in these TERMS.
All content provided on this Web site is based upon information which we believe to be reliable and should be understood to be for general informational purposes only. Prices are subject to change without notice. If a product is listed at an incorrect price, ELLA STUDIO, LLC reserves the right to refuse, cancel or limit any order placed at the incorrect price. Product colors are depicted as accurately as possible, however the colors you see will depend on your monitor. ELLA STUDIO, LLC does not guarantee that your monitor will display colors accurately.
(4) Copyrights/Intellectual Property
This Website including but not limited to its format, design, text, content, photographs and graphics (the "Website"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. The trademarks, service marks, trade names, photography, logos, designs and products associated with this Website are owned by ELLA STUDIO, LLC, or third parties who have authorized their use. You agree to abide by all applicable copyright, trademarks, and other laws, as well as any additional copyright notices or restrictions contained in the Website. You agree to notify ELLA STUDIO, LLC in writing promptly upon becoming aware of any unauthorized access or use of the Website or any of Ella Studio's products by any party.
(5) Rights Reserved
All present and future rights in and to copyrights, patents, trade names, trademarks, service marks, databases, know-how, trade secrets and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "IP Rights") shall, as between you and ELLA STUDIO, LLC, at all times be and remain the sole and exclusive property of ELLA STUDIO, LLC. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to ELLA STUDIO, LLC.
(6) Restrictions on Use
You may not use the Website for any illegal purpose or in any manner inconsistent with these TERMS. You agree to use the Website solely for your personal use and benefit and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of ELLA STUDIO, LLC. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by ELLA STUDIO, LLC and others (including certain other information sources) through the application of designs, methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ELLA STUDIO, LLC and such others. You agree to protect the proprietary rights of ELLA STUDIO, LLC and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by ELLA STUDIO, LLC or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Website. You agree to notify ELLA STUDIO, LLC in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
(7)) Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE WEBSITE AND/OR MAKE PRINTED COPIES FOR YOUR PERSONAL USE PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE WEBSITES CONTENT MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT PRIOR WRITTEN CONSENT OF ELLA STUDIO, LLC. MODIFICATION OF THE WEBSITE’S CONTENT IS A VIOLATION OF COPYRIGHT HELD BY ELLA STUDIO, LLC AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF ELLA STUDIO, LLC. THIS WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE WEBSITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE WEBSITE. YOU MAY NOT USE ANY OF ELLA STUDIO, LLC's NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY ELLA STUDIO, LLC, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. YOU WILL NOT USE THE WEBSITE, THE INFORMATION CONTAINED THEREIN OR ANY OF ELLA STUDIO, LLC's NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE WEBSITE.
(8) Linking And Framing
ELLA STUDIO, LLC prohibits caching this Website, unauthorized hypertext links to this Site, and the framing of any materials available through this Site. ELLA STUDIO, LLC reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content of any other Internet site linked to this Site. Other Internet sites which are linked to this Web site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this Website is at your own risk and ELLA STUDIO, LLC expressly disclaims any and all liability related to such Web sites.
(9) Linking and Additional Terms
(A) By linking to this Web site, you represent that you have read and agree to be bound by these TERMS. (B) Upon linking to this site pursuant to these TERMS, you will be granted a non-exclusive, non-transferable, royalty-free license to use the ELLA STUDIO, LLC name solely for providing an underlined, textual link from your Web site to www.ella-studio.com, and for no other use; (C) You may include a link(s) on your Web site only to the ella-studio.com home page, currently located at http://www.ella-studio.com ("Home Page") provided that you first send to ELLA STUDIO, LLC via email to firstname.lastname@example.org: (1) your name or the name of the technical contact responsible for the link(s); (2) the name of your company; (3) the email address for you or the technical contact responsible for the link(s); and (4) the Web site address(es) where the link(s) to the Home Page will appear. (D) Without specific, written consent by ELLA STUDIO, LLC, you may not link to an internal or subsidiary page of this Web site that is located one or several levels down from the Home Page ("deep link"), or bring up or present content of this Web site within another Web site ("frame").
(10) Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND THAT ELLA STUDIO, LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ELLA STUDIO, LLC DOES NOT WARRANT THAT THIS WEBSITE IS COMPATIBLE WITH YOUR SPECIFIC EQUIPMENT OR IS FREE OF ERRORS OR VIRUSES AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT ELLA STUDIO, LLC, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (A) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF ELLA STUDIO, LLC, ITS SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE; OR (II) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE WEBSITE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE WEBSITE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEBSITE IS NOT MAINTAINED OR CONTROLLED BY ELLA STUDIO, LLC. ELLA STUDIO, LLC IS THEREFORE NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO, OR ADVERTISED ON, THE WEBSITE. ELLA STUDIO, LLC DOES NOT: (1) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE WEBSITE; (2) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEBSITE; OR (3) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEBSITE. ELLA STUDIO, LLC IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE WEBSITE. YOU UNDERSTAND THAT ELLA STUDIO, LLC AND/OR THIRD-PARTY CONTRIBUTORS TO THE WEBSITE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THESE TERMS.
(11) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ELLA STUDIO, LLC, ITS EMPLOYEES, REPRESENTATIVES, SUPPLIERS OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF ELLA STUDIO, LLC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE OR ANY LINKS OR ITEMS ON THE WEBSITE OR ANY PROVISION OF THESE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USERS EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. ELLA STUDIO, LLC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)
You agree, at your own expense, to indemnify, defend and hold harmless ELLA STUDIO, LLC and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Website, or any links on the Website, including, but not limited to: (i) your use or someone using your computer's use of the Website; (ii) a violation of these TERMS by you or anyone using your computer; (iii) a claim that any use of the Website by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorney fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.
Either you or ELLA STUDIO, LLC may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Website and destroying all materials obtained from the Website. This agreement will terminate immediately without notice from ELLA STUDIO, LLC if ELLA STUDIO, LLC determines, in its sole discretion, that you have failed to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by ELLA STUDIO, LLC, you must promptly destroy all materials obtained from the Website and any copies thereof. Sections 2, 4, 5, 6, 9, 10, 12 shall survive any termination of this agreement.
(15) Governing Law
These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of Pennsylvania, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Allegheny County with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these TERMS and conditions must be filed within one (1) year after such claim or cause of action arose. If any provision of these TERMS is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of these TERMS shall remain in full force and effect.
You acknowledge that ELLA STUDIO, LLC has the right to change the content or technical specifications of any aspect of the Website at any time at ELLA STUDIO, LLC's sole discretion. You further accept that such changes may result in your being unable to access the Website.