Terms of Service and Use
Last Updated: February 19, 2022.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE AND USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
PineConeAndPencil.com and/or Elizabeth Ness reserves the right to update and change the Terms of Service and Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service and Use. Continued use of the Service after any such changes shall constitute your consent to such changes. As long as you comply with these Terms of Service and Use, Elizabeth Ness grants you a personal non-exclusive, non-transferable, limited privilege to enter and use the Site/Service.
You can review the most current version of the Terms of Service and Use at any time at: https://www.PineConeAndPencil.com/terms
TERMS OF SERVICE AND USE
- The following Terms of Service and Use shall govern the use of the Site/Service.
- By using the Site/Service you accept these terms in full. However, if you disagree with these terms in part or in full, you must not use this site.
- You must be at least 18 years of age to use this Site/Service. By using the Site/Service or by agreeing to Site/Service Terms of Service and Use, you warrant and represent to Elizabeth Ness that you are at least 18 years of age.
- If you register for this Site/Service as a user (“USER”) or as an email subscriber (“USER”), you to agree to Site/Service Terms of Service and Use and you accept the Terms of Service and Use in full.
Elizabeth Ness reserves the right to do any of the following, at any time, without notice:
- Modify, suspend or terminate operation of or access to the Site/Service, or any portion of the Site/Service, for any reason.
- Modify or change the Site/Service, or any portion of the Site/Service, and any applicable policies or terms
- Interrupt the operation of the Site/Service, or any portion of the Site/Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Delete or remove (without notice) any user content or account.
- Terminate access of any user in its sole discretion, for any reason or no reason.
1. USE OF OUR SERVICE. Elizabeth Ness provides a community and marketplace where Users and buy and/or freely obtain design items, such as brushes, patterns, and other Digital Assets. Our Service allows for a buyer (“Buyer,” “Customer,” or “Purchaser”) and/or User to purchase and/or freely obtain limited licenses (in accordance wit the applicable license agreement) to use Assets. References to “buying” or “purchasing” or “freely obtaining” Assets means buying or purchasing or freely obtaining limited licenses to those Assets.
- To use the Site/Service, you must be 18 years or older and lawfully capable of entering into and forming a valid contract in accordance with applicable law.
- To use the Site/Service, you must comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
- To register for and keep an eMail subscription, you must provide a valid email address, be registered as a subscriber, and prefer to receive monthly (or more frequent) emails from the Site. If you indicate that you’d prefer to never receive emails, or unsubscribe, or are inactive for a length of time, you’re email subscription will end.
- To register for a USER Account,
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You must be a human. Accounts registered by automated methods are not permitted.
- You further represent and warrant that the data you provide will not contain any computer viruses, macro viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data, or personal information; nor will such data cause the Site/Service to be interrupted, damaged, rendered less efficient, or in any other way compromised such that the effectiveness or functionality of this website is in any way impaired.
- Your USER account login may only be used by one person. A single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Elizabeth Ness cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Site/Service for any illegal or unauthorized purpose. You must not, in the use of the Site/Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
b) Account Cancellation and Deletion. You are solely responsible for properly canceling your Site/Service account. An email or phone request to cancel your account is not considered cancellation. You may delete your Site/Service account at any time by clicking the Delete Account button on your Account page.
Upon Site/Service account deletion, all of your personal Content will be immediately deleted from the Site/Service. This information cannot be recovered once your account is deleted.
c) Account Termination. Violation of any of Account Terms will result in the termination of your Account. Further, Pine Cone and Pencil and/or Elizabeth Ness, at her sole discretion, has the right to suspend or terminate your Site/Service account and refuse any and all current or future use of the Site/Service for any reason, or no reason, at any time. Such termination of the Site/Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Elizabeth Ness reserves the right to refuse service to anyone for any reason, or no reason, at any time.
d) License Terms. Your use of any Asset is restricted by the Asset License (Outlined in License Terms). It is important that you review the rights and restrictions of the License carefully before you purchase or freely obtain the License. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
e) User Content
- Elizabeth Ness claims no intellectual property rights over the material you provide to the Service. Your profile and any materials you upload or link to the Site/Service remain yours.
- All content posted or linked on the Site/Service must comply with U.S. copyright law.
- Elizabeth Ness does not pre-screen Content, but reserves the right (but not the obligation) at Elizabeth Ness’ sole discretion to refuse or remove any Content that is available via the Site/Service.
f) Pine Cone and Pencil Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms. Pine Cone and Pencil and/or Elizabeth Ness reserves all rights not expressly granted herein in the Service and the Content (as defined below). Pine Cone and Pencil and/or Elizabeth Ness may terminate this license at any time for any reason or no reason.
g) Modifications to Prices.
- Elizabeth Ness reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site/Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to subscription plan fees to the Site/Service, are subject to change.
- Prices of Assets and Licenses are subject to change.
- Elizabeth Ness shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site/Service or the suspension or discontinuance of Assets or Licenses.
h) Site Content. Subject to the express provisions of the Site/Service Terms of Service and Use,
- Elizabeth Ness, together with Site/Service licensors, own and control all copyright and other intellectual property rights in our Site/Service and the materials on our Site/Service.
- All copyright and other intellectual property rights in our Site/Service and the materials on our Site/Service are reserved: Copyright © 2018 – 2022 Elizabeth Ness
- You acknowledge and agree that all information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content contained on the Site/Service is owned, controlled or licensed by or to Elizabeth Ness with all rights reserved.
- You acknowledge and agree that Site/Service Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
- You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services.
- Except as expressly provided in these Terms of Service and Use, you acknowledge and agree that no part of the Site/Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without Elizabeth Ness’ express prior written consent and in any way that violates any third party right.
- While Elizabeth Ness prohibits certain conduct and Content on the Site/Service, you understand and agree that Elizabeth Ness cannot be responsible for all Content posted on the Site/Service and you nonetheless may be exposed to such materials.
- You acknowledge that the Site/Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate and you agree to use the Site/Service at your own risk.
2. GENERAL USE
- You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site/Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site/Service or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site/Service. Elizabeth Ness reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site/Service, or any other systems or networks connected to the Site/Service or supporting servers, or to any of the services offered on or through the Site/Service, by hacking, password “mining” or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Site/Service or any network connected to the Site/Service, nor breach the security or authentication measures on the Site/Service or any network connected to the Site/Service. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site/Service, or any other customer of Elizabeth Ness.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site/Service or Site/Service systems or networks, or any systems or networks connected to the Site/Service.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site/Service or any transaction being conducted on the Site/Service, or with any other person’s use of the Site/Service.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Elizabeth Ness on or through the Site/Service or any service offered on or through the Site/Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Site/Service or any Content for any purpose that is unlawful or prohibited by these Terms of Service and Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Elizabeth Ness or others.
- You may not use this Site/Service for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site/Service to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Elizabeth Ness reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
- You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, obscene, or harmful to children. Elizabeth Ness reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.
- You may not post on the message board any post attempting to buy/sell any item. Any such posts will be deleted.
- You must not modify, adapt or hack the Site/Service or modify another website so as to falsely imply that it is associated with the Site/Service or Elizabeth Ness.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site/Service, use of the Site/Service, or access to the Site/Service without the express written permission of Elizabeth Ness.
- Elizabeth Ness may, but has no obligation to, remove Content and Accounts containing Content that Elizabeth Ness determines at her sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service and Use.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Site/Service customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Site/Service, including your Content, may be transferred, unencrypted, and involve transmissions over various networks with changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- If your bandwidth usage exceeds significantly exceeds the average bandwidth usage (as determined solely by Elizabeth Ness) of other Site/Service customers, Elizabeth Ness reserves the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
- Questions about the Terms of Service and Use should be sent to: termsanduse@PineConeAndPencil.com.
The failure of Elizabeth Ness to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision. The Terms of Service and Use constitutes the entire agreement between you and Elizabeth Ness and governs your use of the Site/Service, superseding any prior agreements between you and Elizabeth Ness (including, but not limited to, any prior versions of the Terms of Service and Use).
3) DISCLAIMER OF WARRANTIES
THIS SITE/SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
ELIZABETH NESS, SITE/SERVICE AFFILIATES, AND SITE/SERVICE SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE/SERVICE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE/SERVICE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE/SERVICE AND/OR THOSE SERVICES.
Although Elizabeth Ness attempts to ensure the integrity and accurateness of the Site/Service, she makes no guarantees whatsoever as to the correctness or accuracy of the Site/Service. It is possible that the Site/Service could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site/Service by third parties. In the event that an inaccuracy arises, please inform Elizabeth Ness so that it can be corrected. Information contained on the Site/Service may be changed or updated without notice. In the event of inaccurate price or description of a product, Elizabeth Ness will contact the customer with accurate information and/or price difference if the product has been purchased.
Elizabeth Ness has no special relationship with or fiduciary duty to you. You acknowledge that Elizabeth Ness has no control over, and no duty to take any action regarding which users gain access to the Site/Services, what Content you access via the Site/Service, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Elizabeth Ness from all liability for you having acquired or not acquired Content through the Site/Service.
Elizabeth Ness does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
Elizabeth Ness does not warrant that the:
- Site/Service will meet your specific requirements.
- Site/Service will be uninterrupted, timely, secure, or error-free.
- Results that may be obtained from the use of the Site/Service will be accurate or reliable.
- Quality of any products, services, information, or other material purchased or obtained by you through the Site/Service will meet your expectations.
- Errors identified on the Site/Service will be corrected.
You expressly understand and agree that Elizabeth Ness shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Elizabeth Ness has been advised of the possibility of such damages), resulting from the:
- Use or the inability to use the Site/Service.
- Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site/Service.
- Unauthorized access to or alteration of your transmissions or data.
- Wtatements or conduct of any third party on the Site/Service.
Or, any other matter relating to the service.
- Your agreement that the Site/Service is provided “as is” and without warranty.
- Your agreement that the Elizabeth Ness has no liability regarding the Site/Service.
- Your consent to release the Elizabeth Ness from liability based on claims between Users and generally.
- Your agreement to indemnify Elizabeth Ness from claims due to your use or inability to use the Site/Service or content submitted from your account to the Site/Service.
4) Limitation of Liability
Except where prohibited by law, in no event will Elizabeth Ness be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Elizabeth Ness has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service and Use, Elizabeth Ness is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site/Service or any Content, Elizabeth Ness’ liability shall in no event exceed the total value of all orders placed and paid for with Elizabeth Ness through the Site/Service. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Elizabeth Ness, its/her successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Elizabeth Ness by any third party due to or arising out of or in connection with your use of the Site/Service.
6) Confidential and Proprietary Information
Elizabeth Ness does not seek or want to receive confidential or proprietary information from you through the Site/Service. Please note that any information or material sent to Elizabeth Ness through the Site/Service will be deemed NOT to be confidential. By sending Elizabeth Ness any information or material, you grant Elizabeth Ness an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Elizabeth Ness is free to use any ideas, concepts, know-how, or techniques that you send Elizabeth Ness for any purpose.
By using the Site/Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site/Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
When you post to the Site/Service via site comments, site posts (e.g., with Groups, Forums, etc.), or elsewhere on the Site/Service, the information you provide must be considered as becoming public information. Further, when you register, some information (like your username) becomes public information, as well. By posting/publishing to the Site/Service, you agree to protect your own privacy.
Elizabeth Ness may disclose any information the Site/Services has about you (including your identity) if Elizabeth Ness determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site/Service, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Elizabeth Ness’ rights or property, or the rights or property of visitors to or users of the Site/Service, including Elizabeth Ness’ customers. Elizabeth Ness reserves the right at all times to disclose any information that she deems necessary to comply with any applicable law, regulation, legal process or governmental request. Elizabeth Ness also may disclose your information when she determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Elizabeth Ness may preserve any transmittal or communication by you with Elizabeth Ness through the Site/Service or any service offered on or through the Site/Service, and may also disclose such data if required to do so by law or Elizabeth Ness determines that such preservation or disclosure is reasonably necessary to:
- Comply with legal process.
- Enforce these Terms of Service and Use.
- Respond to claims that any such data violates the rights of others.
- Protect the rights, property or personal safety of Elizabeth Ness, her employees, users of, or visitors to the Site/Service, and the public.
You agree that Elizabeth Ness may, in its sole discretion and without prior notice, terminate your access to the Site/Service and/or block your future access to the Site/Service at any time, for any reason or no reason.
If Elizabeth Ness does take any legal action against you as a result of your violation of these Terms of Service and Use, Elizabeth Ness will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Elizabeth Ness. You agree that Elizabeth Ness will not be liable to you or to any third party for termination of your access to the Site/Service as a result of any violation of these Terms of Service and Use.