Welcome to Open Cabinet Studio! These Terms of Use & Conditions of Consumption ("Terms") are an agreement between you ("your") and Open Cabinet Studio ("OCS") that governs your access to and use of the OCS website, content, products, and services (collectively, "Services"). By accessing or using OCS Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use OCS Services. Please read these Terms diligently, and feel free to contact Open Cabinet Studio, if you have any questions.
1. Basic Terms
1.1 You may consume OCS Services - only - if you can form a binding contract with OCS, and only as permitted by law. You are not allowed to use OCS Services, if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and OCS will notify you of those requirements in these Terms or otherwise in connection with those Services.
1.2 If you are using OCS Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to that entity.
1.3 OCS offers a variety of Services; additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to their Service Terms. If any OCS Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.
1.4 For information about Open Cabinet Studio privacy practices, please see the OCS Privacy Policy, which can be viewed here. OCS Privacy Policy is incorporated into and considered part of these Terms. By accessing or using OCS Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with OCS Privacy Policy and these Terms.
1.5 You will need to submit a Client Information and Access form in order to be privy to some OCS Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
1.6 The permission OCS grants you to register as a client and use OCS private Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your OCS client account, or any access to or use OCS Services, to any third party.
1.7 Some OCS Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
1.8 You consent to receive communications from OCS electronically, and you agree that OCS may communicate with you by posting notices on Services and/or by email. You agree that all agreements, notices, disclosures and other communications that OCS provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices OCS provides to you by email will be considered received by you on the day they are distributed. If you register as a client or otherwise provide OCS with an email address, you agree that OCS is not responsible for any automatic filtering that you or your network provider may apply to any email that OCS sends to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please contact OCS at mari@opencabinetstudio.com, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.
1.9 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use OCS Services or communicate with OCS at your own cost.
1.10 By using OCS Services, you understand that OCS and you are engaging in a digital services transaction. As the service recipient, you are responsible for any taxes imposed as a result of your use of such Services, including but not limited to business-to-business consumption taxes. Any payment for the use of such Services is not subject to any withholding tax, unless required by law. Any payments for the use of such Services that are subject to withholding or other tax shall be grossed up such that Open Cabinet Studio shall receive the same net amount that OCS would have received if no such tax(es) had applied.
2. Definitions
In these Terms:
3. Ownership
3.1 All Content is owned by Open Cabinet Studio or by others who have licensed their Content to OCS, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. OCS Services are also protected as a compilation and/or collective work under U.S. and international copyright laws.
3.2 The trademarks, service marks, logos, and product names displayed on or in connection with OCS Services are the registered and unregistered trademarks and service marks of Open Cabinet Studios or third parties in the U.S. and/or other countries.
3.3 As between you and OCS, OCS owns and retains, solely and exclusively, all rights, title, and interest in and to OCS Services, the look and feel, design and organization of OCS Services, all Open Cabinet Studio Content, and the compilation of all Content on OCS Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
3.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in your User Content.
3.5 Neither these Terms nor your use of OCS Services grants you any license or permission under any copyright, trademark, or other intellectual property of Open Cabinet Studio or any third party, whether by implication or otherwise.
3.6 These Terms do not grant you the right to use any OCS trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
3.7 OCS welcomes feedback, comments and suggestions about OCS Services ("Feedback"). However, you acknowledge and agree that OCS will have the right to use any and all Feedback at the sole discretion of OCS, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, OCS will have no obligation to act on, use or respond to any Feedback in any way.
3.8 Open Cabinet Studio reserves all rights not expressly granted to you in these Terms.
4. General Content Terms
4.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
4.2 Subject to these Terms, you may access and view Content within OCS Services for your own personal, non-commercial use, in the context of your OCS User experience, in accordance with the normal functionality and restrictions of OCS Services.
4.3 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others consuming OCS Services or in other locations online (such as third party websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether through OCS Services or in any other location.
4.4 If you are a teacher, you may display Content through OCS Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside OCS Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use OCS Services, these Terms will apply to each of those students individually. However, please note that as per section 1.1, your students are not allowed to use OCS Services if they are under the age of thirteen (13).
4.5 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
4.6 Any commercial exploitation of any image or other Content without express prior written permission from OCS or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
5. User Content and Communications
5.1 Some Services may enable Users to submit, post, publish or otherwise provide User Content. Each User is solely responsible for all User Content that they provide on or through OCS Services.
5.2 OCS does not endorse or make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with OCS Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
5.3 You acknowledge that OCS has no obligation to review or screen any User Content, and that by using OCS Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.
5.4 Some User Content may be marked as "featured" (or marked with other similar language) when it is provided on or through OCS Services. Such markings are for general informational use only and are not an endorsement, representation or warranty of any kind by OCS.
5.5 OCS reserves the right, but has no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through OCS Services, to enforce or investigate potential violations of these Terms or other OCS policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate OCS Services and/or customer support, without notice or liability, at any time at the sole discretion of Open Cabinet Studio. OCS also reserves the right to access, preserve and disclose any information believed reasonably necessary to: (i) respond to claims against OCS or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or other OCS policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of Open Cabinet Studio, you, or others.
5.6 OCS reserves the right to remove or refuse to display any User Content via OCS Services, in whole or part, if OCS believes that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at the sole discretion of OCS.
5.7 You acknowledge that you are in the best position to know if your User Content may be used in connection with OCS Services. You are solely responsible for ensuring that your User Content does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
5.8 By submitting, posting, publishing or otherwise providing any User Content on or through OCS Services, you grant OCS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving OCS Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to your User Content; and (ii) the use of your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
5.9 Nothing in these Terms will restrict any other rights that OCS may have or later obtain with respect to your User Content, such as rights under applicable laws or other licenses.
5.10 OCS will not be liable or responsible for any User Content, or for any use of your User Content by OCS in accordance with these Terms.
7. Marketplace
7.1 OCS Services include an online marketplace (“Shoppe”) where Users may browse, or buy artwork and other property. OCS Services also include features that enable Users to contact and communicate with OCS or other Users about the property listed via OCS Services or otherwise.
7.2 Minors are not allowed to use OCS Services as buyers. Any person that uses OCS Services for purchases represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.
7.3 OCS does not endorse or control and is not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, featured artist, or affiliate. OCS makes no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, featured artist, or affiliate. OCS makes no representations or warranties that any buyer, prospective buyer, featured artist, or affiliate will complete any transaction or otherwise perform as promised (whether or not OCS collects or agrees to collect payment from any buyer on behalf of any party).
7.4 No statement made by any User about any property (whether orally, in writing, via OCS Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by Open Cabinet Studio.
7.5 OCS reserves the right, at any time at sole discretion, to refuse Service, delay or suspend any Services. OCS will not be liable to any User for doing so.
8. General Restrictions
8.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
8.2 Without limiting other rights or remedies, OCS reserves the right to limit, terminate or suspend any User's account and/or access to or use of any or all OCS Services, at any time at the sole discretion of OCS, if OCS believes that such User is violating the rights of any third party, that such User's conduct may be exposing OCS or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with OCS, and OCS will have no liability to such User for doing so. In any case, OCS reserves the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
10. Other Websites and Services
10.1 OCS Services and Content may include links and features that enable you to access other websites or services, and other websites or services may include links to Open Cabinet Studio Services or Content.
10.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by OCS with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
10.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
10.4 You acknowledge and agree that the Open Cabinet Studio Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
10.5 OCS Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using OCS Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
10.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which OCS may link, and OCS assumes no liability for the information contained therein.
11. DISCLAIMER OF WARRANTIES
11.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OCS SERVICES IS AT YOUR OWN RISK, AND THAT OCS SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OCS SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH OPEN CABINET STUDIO AND ANY OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "OPEN CABINET STUDIO PARTIES") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE OCS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OCS SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OCS SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
11.2 If the use of OCS Services results in the need for servicing or replacing any equipment or data, the Open Cabinet Studio Parties will not be responsible for those costs or losses, and urges you to back up your data at all times.
11.3 No advice or information (whether oral or written) obtained from the Open Cabinet Studio Parties, or through OCS Services, will create any warranty by OCS not expressly stated in these Terms or in a separate written agreement between you and OCS.
12. GENERAL RELEASE
12.1 Open Cabinet Studio may provide rules for consumption of Content or Services, but the Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with OCS Services.
12.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE OCS PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR CONSUMPTION OF CONTENT OR USE OF SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OCS CONTENT OR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OCS SERVICES OR CONTENT; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OCS SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OCS SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
13. LIMITATION OF LIABILITY
13.1 UNDER NO CIRCUMSTANCES WILL ANY OPEN CABINET STUDIO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OCS SERVICES; (iii) THE USE OF OR INABILITY TO USE OCS SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER, CONSUMER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OCS SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OCS SERVICES (WHETHER ONLINE OR OFFLINE) BY OCS OR ANY OTHER USER, CONSUMER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OCS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OCS SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID OCS (IF ANY) TO USE OCS SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.
13.2 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTION 13.1 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE OPEN CABINET STUDIO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTION 13.1 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE OCS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification
14.1 You agree to indemnify, defend, and hold harmless Open Cabinet Studio and any officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Conditions of Use, and other applicable agreements with OCS (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
14.2 Open Cabinet Studio reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by OCS in conducting such defense. In any case, you agree not to settle any such matter without prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your Consumption of OCS Services.
15. Choice of Law and Dispute Resolution
15.1 You agree that all claims or disputes you have against OCS arising out of or related to these Terms or OCS Services must be resolved exclusively by a state or federal court located in Cook County, Chicago, U.S., whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Cook County, Chicago, U.S., for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.
15.2 These Terms, the rights and obligations of you and OCS under these Terms, and all claims or disputes that might arise between you and OCS, will be governed by and construed in accordance with the laws of the State of New York, and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.
15.3 You agree that regardless of any law to the contrary, each claim you might have against OCS arising out of or related to these Terms or OCS Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.
15.4 The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to OCS Services, these Terms, or any other agreement between you and OCS.
15.5 Nothing in these Terms will prevent Open Cabinet Studio from seeking injunctive or other equitable relief in any jurisdiction.
16. International Use
16.1 OCS Services are based in the United States and OCS does not represent or warrant that OCS Services will be appropriate or available for use outside the United States.
16.2 If you are located outside the United States, you agree to ensure that your access to and use of OCS Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. If you are located in the EU, please refer to OCS Privacy Policy regarding the transfer of data from the EU to the United States.
16.3 You must not access or use OCS Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.
16.4
a) Neither you, nor the entity you represent, if applicable, is a resident (if an individual) or located in or organized under the laws of (if an entity) Cuba, Iran, North Korea, the Crimea region of Ukraine, or Syria.
b) Neither you, nor the entity you represent, if applicable, is, or are owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury, or any governmental or public entity or official of Cuba, Iran, North Korea, or Syria; and
c) Neither you, nor the entity you represent, if applicable, will transfer or facilitate the transfer of any item purchased or otherwise obtained via Open Cabinet Studio, to any person who is, or who is owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the U.S. Department of Treasury; or to any governmental or public entity or official of Cuba, Iran, North Korea, or Syria.
17. Changes to Open Cabinet Studio Services
17.1 OCS Services will be updated frequently, and their form and functionality may change without notice. OCS reserves the right to change, modify, add, remove or discontinue any and all Services (and/or the appearance, design, functionality, and all other aspects of any and all OCS Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at the sole discretion of Open Cabinet Studio.
17.2 OCS will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by OCS to any Services or Content, including any loss of business or the ability to use any product, Service or Content.
18. Changes to these Terms
18.1 OCS is a business; business changes with time, and these Terms will change also. OCS reserves the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at the sole discretion of OCS.
18.2 All changes to these Terms will be effective when posted, or at such later date as may be specified in the updated Terms.
18.3 By continuing to use OCS Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
18.4 You agree that OCS may notify you of any changes to these Terms by posting the updated Terms on the website, and you agree to review these Terms regularly and inform yourself of all applicable changes.
18.5 If you do not agree to any changes made by OCS to these Terms, you will no longer be permitted to consume OCS Services.
18.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
18.7 OCS will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by OCS to these Terms, including any loss of business or the ability to use any product, service or Content.
19. Termination
19.1 You may cease consumption of OCS Services at any time, subject to any other agreements between you and Open Cabinet Studio.
19.2 Regardless of any other statement in these Terms, OCS reserves the right to terminate these Terms, and/or to limit, terminate or suspend your access to or use of any or all of OCS Services, at any time at the sole discretion of OCS, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Conditions of Service, and other applicable agreements with OCS.
19.3 After any termination of these Terms and/or any termination of your access to or use of OCS Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to OCS under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 7 (Marketplace), 10 (Other Websites and Services), 11 (Disclaimer of Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemnification), 15 (Choice of Law and Dispute Resolution), 16 (International Use), 17 (Changes to OCS Services), 18 (Changes to these Terms), 19 (Termination), and 23 (Miscellaneous).
20. Copyright Policy
20.1 OCS respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), OCS will respond to notices of claimed copyright infringement that are properly provided to the designated copyright agent ("Copyright Agent"), whose contact information is listed below.
20.2 OCS reserves the right to remove or disable access to any Content or Services claimed to be infringing, at any time at the sole discretion of OCS, without notice or liability.
20.3 If you believe Content regarding OCS Services has been used in a way that constitutes copyright infringement, please provide OCS Copyright Agent with a written notice containing all of the following information ("DMCA Notice"):
20.4 If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing, or that the use of such Content is authorized by the copyright owner, the copyright owner's agent, or the law, you may provide OCS Copyright Agent with a written counter-notice containing all of the following information ("Counter-Notice"):
20.5 OCS Copyright Agent designated to receive DMCA Notices and Counter-Notices may be contacted as follows:
20.6 You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it is not addressed to OCS Copyright Agent or it does not provide substantially all of the information specified above. To help OCS receive your DMCA Notice or Counter-Notice in a timely manner, please send it by email if possible.
20.7 If you provide OCS with a DMCA Notice, you agree that OCS may send a copy of it (including your name and contact information) to the provider of the disputed Content, if said provider is a featured artist or affiliate of Open Cabinet Studio.
20.8 Please note the procedure described above in this section is intended to comply with OCS rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but does not constitute legal advice. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. If you are not sure whether you are (or are authorized to act on behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the DMCA and any other applicable laws. While OCS cannot offer you legal advice, more information about the DMCA is available at the U.S. Copyright Office website.
22. Promotions
22.1 OCS may offer or conduct promotions, sweepstakes or contests ("Promotions") on or in connection with OCS Services from time to time, by OCS itself, or in conjunction with third parties.
22.2 Your participation in Promotions is subject to these Terms and any official rules that OCS may indicate or otherwise make available to you in connection with Promotions ("Promotion Rules"). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.
23. Miscellaneous
23.1 These Terms, including the OCS Privacy Policy, other applicable agreements with OCS, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with OCS regarding OCS Services, constitutes the entire agreement and understanding between you and OCS regarding OCS Services, and supersedes any other communications, representations or understandings.
23.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.
23.3 No delay or failure by OCS to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by OCS unless the waiver is in writing and signed by an Open Cabinet Studio representative who intends and is duly authorized to agree to the waiver on behalf of OCS. No single or partial exercise by OCS of any right or remedy under these Terms will prevent OCS from exercising any other right or remedy.
23.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without prior written consent. These Terms, and all rights granted to or reserved by OCS under these Terms, will benefit and be enforceable by OCS successors and assigns.
23.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.
23.6 You and OCS are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of OCS Services.
23.7 Nothing in these Terms will prevent Open Cabinet Studio from complying with any applicable law or regulation.
24. How to Contact Open Cabinet Studio
24.1 If you have questions about these Terms or Services, please email OCS at: mari@opencabinetstudio.com
24.2 Mailing address: 3712 North Broadway, STE 432 Chicago, Illinois 60613, United States
25. Effective Date
These Terms are effective March 1, 2023.
26. Artist Expectations
Incorporate art, science, humanity.
Copyright © 2024 Open Cabinet Studio - All Rights Reserved.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.