Website Terms of Use
The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these or the “Terms of Use” or “Terms”) is a legal agreement between you and Jelena Behrend Studio, Inc. (“Company,” “we,” or “us”), the owner and developer of
https://www.jelenabehrendstudio.com/ (the “Website”), and governs your access to and use of the Website, including any resources, materials, data, information, content, products and services (“Content & Offerings”) offered on or through the Website, whether as a guest, client or registered user.
Please carefully read these Terms before you access the Website or any Content & Offerings. By accessing or using the Website or its Contents & Offerings, or by clicking or checking to agree to these Terms, you understand and agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS INCLUDING ANY AGREEMENTS INCORPORATED BY REFERENCE, YOU MUST NOT USE OR ACCESS THE WEBSITE OR ITS CONTENT & OFFERINGS. Your use shall constitute and be deemed your unconditional acceptance of these Terms of Use.
1. Modifications to the Terms of Use
These Terms of Use may be modified at any time by Company without prior notice upon posting of the modified Terms of Use. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use. You can view the most recent version of these terms at any time at [TOU website address].
2. Privacy and Use of Information.
Your access and use of the Website and its Content & Offerings is also governed by our Privacy Policy, which is hereby incorporated into these Terms of Use by reference. Please review our Privacy Policy at https://www.jelenabehrendstudio.com/policies/privacy-policy which informs you of our data collection practices. Company reserves the right, and you authorize us, to use and assign all information regarding Website and Content & Offerings uses by you and all information provided by you in any manner consistent with our Privacy Policy.
3. Ownership
All Content & Offerings included on this Website are and shall continue to be the property of Company or its content suppliers and is protected under applicable intellectual property, trademark, copyright, patent, design, publicity and other proprietary rights. Any copying, redistribution, adaption, modification, use or publication by you of any such Content & Offerings or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any Content & Offerings by or through your use of this Website or the Content & Offerings.
4. Age Restriction
This Website and its Contents & Offerings are for adults only and not to be used by any children under the age of 18. By using this Website and its Contents & Offerings, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or its Contents & Offerings.
5. Trademarks
JELENA BEHREND STUDIO™, JELENA BEHREND™, JELENA BEHREND STUDIO Logo™, and others are either trademarks or registered trademarks of Company. Other product, service, or company names mentioned on this Website or its Contents & Offerings may be trademarks of their respective owners.
6. Website Use
Company grants you a limited, revocable, non-transferable, non-exclusive license to use this Website and its Contents & Offerings solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website or its Contents & Offerings, reverse engineer or break into the Website or its Contents & Offerings in violation of any law. The use of this Website or its Contents & Offerings is at the discretion of Company and Company may terminate your use of this Website or its Contents & Offerings at any time.
7. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website and its Contents & Offerings. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification
You agree to indemnify, defend, release, and hold harmless Company and its subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (“Company’s Related Entities”) from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Disclaimer or use of the Website or its Content & Offerings.
9. No Representations or Warranties
THE COMPANY AND COMPANY’S RELATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, INCLUDING ITS CONTENTS & OFFERINGS AND THE SOFTWARE. THE COMPANY AND COMPANY’S RELATED ENTITIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE AND CONTENT & OFFERINGS, INCLUDING INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, RESOURCES, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE OR PROVIDED BY COMPANY OR COMPANY’S RELATED ENTITIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY AND COMPANY’S RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY.
10. Limitation of Liability
THE COMPANY AND COMPANY’S RELATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR LOSS ASSOCIATED WITH ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERINGS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING, OR WITH ANY OF THE TERMS OF THIS DISCLAIMER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING.
ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY COMPANY AND COMPANY’S RELATED ENTITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND COMPANY’S RELATED ENTITIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND CONTENTS & OFFERINGS AT ANY TIME.
11. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Jelena Behrend, who can be reached as follows:
By Mail: 206 Bowery
New York, NY 10012
By E-mail: jelena@jelenabehrendstudio.com
12. Applicable Law.
You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Company or Company’s Related Entities.
13. Termination
Company may terminate these Terms of Use at any time, with or without notice, for any reason.
14. Notices
Company may provide notices to you by sending a message to the email address you provide or by posting to the Website. Notices sent by email will be effective upon sending the email and notices given by posting will be effective upon posting. It is your responsibility to keep your email address current and notify us of a change to your email address.
Other than as specifically provided in these Terms, to give us notice under these Terms of Use, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to the mailing address listed below under Contact Information. We may update the address for notices to us by posting a notice on the Website.
15. Contact Information
Jelena Behrend Studio, Inc.
206 Bowery
New York, NY 10012
212-995-8497
16. Miscellaneous
If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Company must be in writing and signed by an authorized representative of the Website.
Nothing contained in these Terms of Use or your use of the Website or its Content & Offerings shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
These Terms of Use constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Website, its Content & Offerings, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website, or separate agreements relating to any Content & Offerings.
Effective as of: November 25, 2022
