Earth-Spirits.com - Contact - Terms & Conditions

Please review the following terms and conditions carefully. These Terms of agreement is a legally binding contract between you and Earth-Spirits.com, ltd. regarding your access to, and use of the Earth-Spirits.com website. By accessing the website, you agree to the terms and conditions as outlined in this legal notice. Earth-Spirits.com reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on this website. Your continued use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. If you do not agree with any part of the following terms and conditions, you should not use this website.

OWNERSHIP. This website is the property of Earth-Spirits.com, and is protected by copyright, trademark and other intellectual property laws. You must comply with all copyright and trademark notices, including any other proprietary notices contained in any materials, and you agree not to alter, obscure, or obliterate any such notices. None of the content or data found on this website may be copied, reproduced, republished, sold, transferred, modified, or distributed in any way without the expressed written permission of Earth-Spirits.com. Trademarks, logos, images, and service marks displayed on the Website are the property of either Earth-Spirits.com or other third parties. You agree not to display or use such marks without Earth-Spirits.com prior written permission.

USE OF WEBSITE. You may only use this Website to make legitimate purchases and shall not use this Website to make any speculative, false or fraudulent purchases. You may not use any robot, spider or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Website, in any case without the prior written permission of Earth-Spirits.com.

AGE AND RESPONSIBILITY. Due to nudity within Earth-Spirits.com, you must be of legal age according to local laws to view or purchase any artwork containing such materials. You represent that you are of legal age or have written consent of a parent or legal guardian to do so within this Website and neither you nor your parent or guardian can create any binding legal obligations for any liability you may incur as a result of the use of this Website.

REVIEW OF TRANSMISSIONS. Earth-Spirits.com may periodically monitor and review any information transmitted or received through the Website and reserves the right, but does not undertake any obligation, to sensor, edit, remove or prohibit the transmission or receipt of any information that Earth-Spirits.com deems inappropriate or in violation of this Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of the Website constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions. You grant Earth-Spirits.com non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any medium.

LINKS TO OTHER WEBSITES. Websites linked to and from this Website are not necessarily under the control of Earth-Spirits.com and Earth-Spirits.com shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked website or any link or linking program at any time. Earth-Spirits.com does not necessarily endorse companies (or related products or services) to or from which the Website is linked. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

EXCLUSION OF WARRANTY. THE WEBSITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT FOR A PARTICULAR PURPOSE. EARTH-SPIRITS.COM IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE WEBSITE, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE WEBSITE, OR CONTENT ON THE WEBSITE. ADDITIONALLY, THE WEBSITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND THE CONTROL OF EARTH-SPIRITS.COM.

LIMITATION OF LIABILITY. EARTH-SPIRITS.COM AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE WEBSITE, (B) THE CONTENT ON THE WEBSITE, (C) WEBSITES, AND THE CONTENT THEREIN, LINKED FROM THIS WEBSITE, (D) THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY THROUGH THE WEBSITE, (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE WEBSITE, AND/OR (F) THE INABILITY TO USE THE WEBSITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EARTH-SPIRITS.COM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS WITHIN THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. If, notwithstanding the foregoing, Earth-Spirits.com should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its content, Earth-Spirits.com liability shall in no event exceed, in the aggregate, the fees charged by the Website, if any, with respect to which liability is found. In its sole discretion, in addition to any other rights or remedies available to Earth-Spirits.com and without any liability whatsoever, Earth-Spirits.com at any time and without notice may terminate or restrict your access to any component of this Website. The foregoing terms and conditions shall apply to both contract and negligence claims.

INDEMNIFICATION. You agree to indemnify, hold harmless and defend Earth-Spirits.com from and against any and all claims, damages, costs, and expenses, including attorneys fees, arising from or related to your use of the Website.

RELATIONSHIP. The relationship between Earth-Spirits.com and you will be that of independent contractors, and neither us nor any of our respective officers or employees will be held or construed to be partners, joint ventures, fiduciaries, or employees of the other.

GOVERNING LAW. The laws of the State of California in the United States of America shall govern this Agreement and performance. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Sonoma County, the State of California, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement.

ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION. Earth-Spirits.com may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.

TERMINATION. Earth-Spirits.com may terminate your access to the Website and/or the provision of any of the services offered by Earth-Spirits.com at any time for any reason, including any improper use of this Website or your failure to comply with this Terms of Use. Such termination shall not affect any right to relief which Earth-Spirits.com may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to you will terminate and revert to Earth-Spirits.com.

ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Website, and you agree to abide by such other terms and conditions.

MISCELLANEOUS. This Terms of Use constitutes the entire agreement between you and Earth-Spirits.com. Additionally, this Terms of Use shall be deemed servable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in these Terms of Use are included for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND EARTH-SPIRITS.COM WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND EARTH-SPIRITS.COM RELATING TO YOUR USE OF THE WEBSITE.

Artist retains worldwide, exclusive rights to these images. Reproduction or use without written permission strictly forbidden.