PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE.
All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
 
ETHEL GLOVES reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
 
Copyright
 
The entire content included in this website; including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ETHEL GLOVES. The collective work includes works that are licensed to ETHEL GLOVES © 2011, ETHEL GLOVES ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with ETHEL GLOVES or to purchase ETHEL GLOVES products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by ETHEL GLOVES in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
 
Trademarks / Intellectual Property

All trademarks, service marks and trade names of ETHEL GLOVES used in the website (including but not limited to the ETHEL name, the circle flower petal design are trademarks or registered trademarks of ETHEL GLOVES. They may not be used without ETHEL GLOVES’ prior written permission. Any other intellectual property in the website, including but not limited to copyrights, patents, issued or pending, are the sole property of ETHEL GLOVES and/or its licensors.
 
Product Orders 

All orders placed through the website are subject to ETHEL GLOVES’ acceptance, which is in its sole discretion. Without limitation, this means that ETHEL GLOVES may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, ETHEL GLOVES shall issue a credit to your credit card account.
 
Photo Submission
Before continuing, we want you to know how your photograph may be used. If selected, your photograph may be used by Ethel Gloves in any of our various on-line, catalog or print media to highlight the real-world uses of Ethel® Gloves. We want to hear from you!
 
IMPORTANT - READ CAREFULLY: This photograph submission process is intended for only adults (over the age of 18 in most jurisdictions) who own or have sufficient rights in the photographs to allow use by Ethel Gloves. Prior to continuing, you must agree to the following Photograph Submission License Agreement as indicated by pressing the “I agree” button at the end of this page. If you do not agree to the terms of the Agreement, press the “I do not agree” button also at the end of this page to reject the Agreement and to cancel submission of the photograph.
 
PHOTOGRAPH SUBMISSION LICENSE AGREEMENT
This Photograph Submission License Agreement (“Agreement”) is binding between you and ETHEL GLOVES, with offices at 28525 Witherspoon Parkway, Valencia, CA 91355 United States.
 
BACKGROUND.
A.        Photograph Submitter desires to submit a photograph to ETHEL GLOVES for evaluation and use in on-
          line photo gallery, catalog or print media and other publically available publications.
B.        ETHEL GLOVES desires to receive, evaluate and possibly use such photograph(s) for the uses described
          above.
                          
                          Photograph Submitter and ETHEL GLOVES agree as follows:
 
1.      DEFINITIONS.
1.1      “Affiliates” shall mean any entity that, directly or indirectly, controls, is controlled by, or
             is under common control with, such entity. With respect to Affiliates, “control” shall                      mean the possession, directly or indirectly, of the power to direct or cause the direction
             of the actions and/or policies and management of a person or entity, whether by the      
     ownership of stock, by ownership of voting security, by contract, or by any other             method.
1.2      “Photograph Submitter” shall mean the person or entity accepting this Agreement.
1.3      “Photograph” shall mean a picture, image, depiction or other visual work of authorship
            being submitted under this Agreement.
            
2.      LICENSE.
2.1      Photograph Submitter grants to ETHEL GLOVES and its Affiliates a royalty-free, non-
            exclusive, non-revocable and worldwide license to all intellectual properties (including
            copyright) subsisting in the Photograph, including economic and moral rights, to 
            reproduce, prepare derivative works of, distribute copies of and display the 
            Photograph.
2.2      To the extent such license does not include rights of attribution and integrity,                     
             Photograph Submitter hereby waives such rights to the maximum extent permitted
             by law.
2.3      Photograph Submitter retains all other rights, title and interest in and to the 
            Photograph.
3.      TERMINATION. 
3.1       The term of this Agreement is from the date of submission of the Photograph to ETHEL
             GLOVES until the last to expire of the copyright rights in the Photograph.
4.      PHOTOGRAPH SUBMITTER REPRESENTATIONS
4.1      If Photograph Submitter is a company, the person accepting this Agreement warrants
            that he/she has authority to contract on behalf of and bind the Photograph Submitter. If
            Photograph Submitter is an individual, Photograph Submitter represents that they
            are an adult in their jurisdiction and capable of entering into a binding agreement.
4.2      Photograph Submitter represents and warrants that he/she has full rights, power and
            authority to provide the licenses granted to ETHEL GLOVES in this Agreement.
4.3      Photograph Submitter represents and warrants that the Photograph does not contain
            confidential, sensitive, obscene, defamatory or offensive subject matter and that the
            Photograph has been cleared for public distribution by any necessary governmental
            authority.
4.4      Photograph Submitter represents and warrants that the Photographic Material does
            not contain programming code or instruction(s) constructed with the ability to damage,
            interfere with, or otherwise adversely affect computer programs, data files,
            or hardware.
5.      LIMITATION OF LIABILITY.
5.1      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
            SHALL ETHEL GLOVES OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL,
            INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
            DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS
            AND ATTORNEY’S FEES, ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY,
            BY USE OF THE PHOTOGRAPH OR CAUSED BY THIS AGREEMENT.
5.2      THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE
            MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
            FAILS ITS ESSENTIAL PURPOSE.
5.3      IN NO EVENT SHALL THE AGGREGATE LIABILITY THAT ETHEL GLOVES OR ITS
            AFFILIATES INCUR IN ANY ACTION OR PROCEEDING, EXCEED ONE HUNDRED
            U.S. DOLLARS (USD $100).
6.      GENERAL PROVISIONS.
6.1      THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
            WITH THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS
            CONFLICT OF LAW PRINCIPLES. PHOTOGRAPH SUBMITTER AND ETHEL GLOVES                             AGREE THAT THE SUBJECT MATTER AND PERSONAL JURISDICTION ARE 
            PROPER IN THE COURTS LOCATED IN U.S. DISTRICT COURT FOR THE CENTRAL
            DISTRICT OF CALIFORNIA.
6.2      Photograph Submitter may not assign or delegate all or any part of Photograph
             Submitter’s rights or obligations under this Agreement without the prior written 
             consent of ETHEL GLOVES.
6.3      Articles 1, 5 and 6 shall survive the termination and/or expiration of this Agreement for
            any reason.
6.4      Any amendment to or modification of this Agreement must be made in writing and
             signed by an authorized representative of both Photograph Submitter and ETHEL
             GLOVES. This Agreement is the complete and final agreement between Photograph
             Submitter and ETHEL GLOVES with respect to the subject matter of this Agreement.
6.5      If any provision of this Agreement is held to be void, invalid, unenforceable or illegal,
            the other provisions shall continue in full force and effect.        
End of Agreement
 
Copyright Agent 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ETHEL GLOVES’ actual knowledge of facts or circumstances from which infringing material or acts are evident. ETHEL GLOVES’ copyright agent for notice of claims of copyright infringement can be reached as follows: 


 
Name: Legal Department (Copyright)

Address: 28525 Witherspoon Parkway Valencia, CA 91355 

Telephone: 877-ETH-GLVS 

Fax: 661-554-7062 


 
We suggest that you consult your legal advisor before filing a notice with ETHEL GLOVES’ copyright agent. You should note that there can be penalties for false claims under the DMCA. 

ETHEL GLOVES may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
 
Third-Party Links 
In an attempt to provide increased value to our visitors, ETHEL GLOVES may link to websites operated by third parties. However, even if the third party is affiliated with ETHEL GLOVES, ETHEL GLOVES has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of ETHEL GLOVES. These linked websites are only for your convenience and therefore you access them at your own risk. ETHEL GLOVES seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.
 
Indemnification
 
You agree to indemnify, defend, and hold harmless ETHEL GLOVES, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
 
Privacy 
ETHEL GLOVES is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy. 
 
Warranty Disclaimer
 
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ETHEL GLOVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ETHEL GLOVES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETHEL GLOVES DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

ETHEL GLOVES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ETHEL GLOVES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
 
Limitation of Liability 
ETHEL GLOVES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF ETHEL GLOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ETHEL GLOVES 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 THIS WEBSITE OR ANY CONTENT, ETHEL GLOVES’ LIABILITY SHALL IN NO EVENT EXCEED US$100.00. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
Termination
 
These terms and conditions are applicable to you upon your accessing the website. ETHEL GLOVES reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, ETHEL GLOVES may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 
 
Last modified March 14, 2011