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Terms of Services

Terms of Service Agreement

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Please read this Terms of Service Agreement carefully before accessing or using our sites and services. By continuing to use our site, you agree to be bound by these terms and all terms incorporated herein by reference. It is your responsibility to read these terms and conditions before proceeding to use this site. If you do not agree to all of the terms and conditions, please do not access or use our sites or our services. This Terms of Service Agreement is effective as of 11/13/2023.

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ACCEPTANCE OF TERMS 

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This legally binding agreement governs the relationship between our users and Carter Renee Studio (CRS), located at 171 Branham Ln Ste 10 POB 1044, San Jose, California 95108, and our subsidiaries and affiliates. By accessing our website, www.carterreneestudio.com, you are deemed to be a "user" of the services provided by this TOS. Once you create an account, you will be considered a "member."

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DESCRIPTION OF WEBSITE SERVICES OFFERED 

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Our site is an e-commerce platform that specializes in crafting heartfelt greeting cards for all occasions. The user and/or member acknowledges that the services provided by our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Carter Renee Studio.

 

REGISTRATION 

 

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving CRS's Services under the laws and statutes of the United States or other applicable jurisdiction. You can edit your account information at any time. Once you register with CRS and sign into our Services, you are no longer anonymous to us.

 

By registering, you agree to furnish factual, correct, current and complete information with regards to yourself. Additionally, you must maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times. If we discover that any information is of a false, untrue, inaccurate, or incomplete nature, we reserve the right to suspend or terminate the account in violation of this aspect of the Agreement.

 

It is our priority to ensure the safety and privacy of all our visitors, users, and members, especially that of children. Therefore, it is for this reason that parents of any child under the age of 13 that permit their child or children access to the CRS website platform Services must create a "family" account. As the creator of the "family" account, you are thereby granting permission for your child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for their child.

 

PRIVACY POLICY

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REGISTRATION DATA AND PERSONAL INFORMATION 

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Carter Renee Studio Online Privacy Policy strictly protects every member's registration data and personal information. As a member, you agree to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by Carter Renee Studio and/or our subsidiaries and affiliates.

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MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY CONDUCT

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When you set up an account, you are the sole authorized user of your account, responsible for maintaining the secrecy and confidentiality of your password and for all activities that occur on or within your account. You are responsible for any act or omission of any user(s) that access your account information. If you notice any unauthorized access or use of your account or password or any other breach of security, you must notify Carter Renee Studio immediately. Carter Renee Studio shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

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As a user or member of the Site, you are responsible for all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the CRS Services. You acknowledge that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. It is expressly understood that by use of our Services, you may be exposed to content, including but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the

use of any content posted, emailed, transmitted, or otherwise made available by CRS.

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Furthermore, you agree not to make use of Carter Renee Studio's Services for the purpose of:

  • uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

  • causing harm to minors in any manner whatsoever;

  • impersonating any individual or entity, including, but not limited to, any CRS officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

  • forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

  • uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

  • uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;

  • interfering with or disrupting any Carter Renee Studio Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

  • intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;

  • "stalking" or with the intent to otherwise harass another individual; and/or

  • collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

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Carter Renee Studio reserves the right to pre-screen, refuse and/or delete any content currently available through our Services, and remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

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Carter Renee Studio reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with any legal process, enforcement of the TOS, responding to any claim that therein contained content is in violation of the rights of any third party, responding to requests for customer service, or protecting the rights, property or the personal safety of Carter Renee Studio, its visitors, users and members, including the general public.

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Carter Renee Studio reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Carter Renee Studio or any other content providers supplying content services to Carter Renee Studio. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

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GUIDELINES FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE 

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GENERAL RULES:

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As the internet is a global platform, using our network requires compliance with all local regulations governing online conduct and acceptable content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and other countries. As such, by using our network services, you agree to comply with all applicable export and import laws, regulations, and statutes, including the Export Administration Regulations and the sanctions control program of the United States.

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COMPLIANCE PLEDGE:

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By accessing our network, you affirm:

  • That you are not on any government's export exclusion report's list of prohibited individuals.

  • That you are not a member of any government that is part of an export-prohibited country identified in applicable export and import laws and regulations.

  • That you will not transfer any software, technology, or other technical data to any export-prohibited country through our network services.

  • That you will not use our network services for military, nuclear, missile, chemical, or biological weaponry end uses, which would violate U.S. export laws.

  • That you will not post, transfer, or upload any software, technology, or other technical data that would breach the U.S. or other applicable export and/or import laws.

 

CONTENT OWNERSHIP

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Carter Renee Studio does not claim ownership of any content submitted by visitors, members, or users, nor does it make such content available for inclusion on our website services. By submitting content, you grant Carter Renee Studio worldwide, royalty-free, and non-exclusive licenses as applicable:

  • Content submitted or made available for inclusion on the publicly accessible areas of Carter Renee Studio's sites is licensed to permit the use, distribution, reproduction, modification, adaptation, public performance, and/or public display of said content on our network services for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. The license shall be available as long as you are a member of Carter Renee Studio's sites and shall terminate when you discontinue your membership.

  • Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Carter Renee Studio's sites are licensed to permit the use, distribution, reproduction, modification, adaptation, public performance, and/or public display of said content on our network services for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. The license shall be available as long as you are a member of Carter Renee Studio's sites and shall terminate when you discontinue your membership.

  • For any other content submitted or made available for inclusion on the publicly accessible areas of Carter Renee Studio's sites, the continuous, binding, and completely sub-licensable license which is meant to permit the use, distribution, reproduction, modification, adaptation, publishing, translation, public performance, and/or public display of said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium presently used or later developed.

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"Publicly accessible" areas of Carter Renee Studio's sites are those available to the general public, including message boards and groups that are openly available to both users and members.

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CONTRIBUTIONS TO COMPANY WEBSITE 

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By submitting ideas, documents, suggestions, and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  • Your contributions do not contain any confidential or proprietary information.

  • CRS is not liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.

  • CRS is entitled to use and/or disclose any such Contributions in any manner they see fit.

  • The contributor's Contributions shall automatically become the sole property of CRS.

  • CRS is under no obligation to compensate or provide any reimbursement in any manner or nature.

 

INDEMNITY

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All users and members agree to hold Carter Renee Studio harmless for any claim or demand, including but not limited to reasonable attorney fees made by any third party arising from any content submitted, posted, modified, transmitted, or otherwise made available through our Services, your use of CRS Services, your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person.

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COMMERICAL REUSE OF SERVICES 

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The member or user agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit any part, use, or access to CRS's sites for any commercial reason.

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USE AND STORAGE GERERAL PRACTICES 

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By using our Services, you acknowledge that Carter Renee Studio may set up practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by Carter Renee Studio, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Carter Renee Studio's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.

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You also acknowledge that Carter Renee Studio has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. We reserve the right to delete or remove any account that is no longer active for an extended period of time. Carter Renee Studio shall reserve the right to modify, alter, and/or update these general practices and limits at our discretion.

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MODIFICATIONS

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Carter Renee Studio reserves the right to modify, alter, or discontinue our services, or any part of it, with or without notice. We shall not be held liable to you or any third party for any alteration, modification, suspension, and/or discontinuance of our services.

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TERMINATION

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As a member of www.carterreneestudio.com, you can cancel your account, associated email address, and/or access to our services by submitting a request to info@carterreneestudio.com. Carter Renee Studio may immediately suspend, terminate, discontinue, and/or limit your account, associated email, and access to our services without notice, due to:

  1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

  2. requests from law enforcement or any other governmental agencies;

  3. discontinuance, alteration, and/or material modification to our Services, or any part thereof;

  4. unexpected technical or security issues and/or problems;

  5. extended periods of inactivity;

  6. engagement in any fraudulent or illegal activities; and/or

  7. the nonpayment of any associated fees that may be owed by you in connection with your www.carterreneestudio.com account Services.

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You agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our discretion and that we shall not be liable to you or any other third party for the termination of your account, associated email, and/or access to our services.

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The termination of your account with www.carterreneestudio.com shall include:

  1. the removal of any access to all or part of our services;

  2. the deletion of your password and any related information, files, and content associated with your account; and

  3. the barring of any further use of our services.

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ADVERTISERS

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Any correspondence or business dealings with, or participation in any promotions of, advertisers on our services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any advertiser. Moreover, you agree that Carter Renee Studio shall not be held responsible or liable for any loss or damage incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

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LINKS

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Carter Renee Studio or third parties may provide links to other websites and/or resources. We are not responsible for the availability of any such external sites or resources, and we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. You acknowledge and agree that Carter Renee Studio shall not be responsible or liable, directly or indirectly, for any such damage or loss that may result from your use of or reliance on any such content, goods, or services made available on or through any such site or resource.

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PROPRIETARY RIGHTS

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You acknowledge and agree that Carter Renee Studio's services and any essential software used in connection with it ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Any content contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works based on Carter Renee Studio's services or software, in whole or part.

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Carter Renee Studio has granted you personal, non-transferable, and non-exclusive rights and/or license to use the object code or our software on a single computer, as long as you do not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the software. You agree not to alter or change the software in any way, nature, or form, and not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. You also agree not to access or attempt to access our services through any means other than through the interface provided by Carter Renee Studio for use in accessing our services.

 

WARRANTY DISCLAIMERS

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Please take note of the following:

  1. Your use of Carter Renee Studio's services and software is at your own risk. Our services and software are provided “as is” and “as available.” Carter Renee Studio and our subsidiaries, affiliates, officers, employees, agents, partners and licensors do not provide any warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  2. We do not guarantee that (i) our services or software will meet your needs; (ii) our services or software will be uninterrupted, timely, secure or error-free; (iii) the results obtained from the use of our services or software will be accurate or reliable; (iv) the quality of any products, services, information or material obtained through our services or software will meet your expectations; and (v) any errors in the software will be corrected.

  3. You bear the sole responsibility and risk of accessing any material or information downloaded through our services or software. Therefore, you waive any claims and causes of action with respect to any damage to your computer or internet access, downloading and/or displaying, or for any loss of data that may result from the download of any such information or material.

  4. No advice or information, whether written or oral, obtained by you from Carter Renee Studio or its services or software will create any warranty not expressly stated in the TOS.

  5. Some users may experience some level of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Users who have no history of any prior seizure or epilepsy may experience a previously unknown condition or undetected epileptic symptom under certain conditions. Please consult a physician if you, anyone you know, or anyone in your family has an epileptic condition and experiences any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

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LIMITATION OF LIABILITY

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You understand and agree that Carter Renee Studio and its subsidiaries, affiliates, officers, employees, agents, partners and licensors are not liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even if we were advised of the possibility that such damages may occur. These damages may arise from:

  1. Your use or inability to use our service;

  2. The cost of procuring substitute goods and services;

  3. Unauthorized access to or alteration of your transmissions and/or data;

  4. Statements or conduct of any third party on our service;

  5. Any other matter related to our service.

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RELEASE

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In the event of a dispute, you agree to release Carter Renee Studio (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

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SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS 

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Please note the following sections, Warranty Disclaimers and Limitations of Liability, if you intend to create or join any service, receive or request any news, messages, alerts or other information from our services regarding companies, stock quotes, investments or securities. For this type of information, the phrase "Let the investor beware" is appropriate. Carter Renee Studio content is primarily provided for informational purposes and should not be used for trading or investing purposes. Carter Renee Studio and our licensors will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

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EXCLUSIONS AND LIMITATIONS 

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There are some jurisdictions that do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections Warranty Disclaimers and Limitation of Liability may not apply to you.

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THIRD-PARTY BEBEFICIARIES

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Please acknowledge and agree that unless otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

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NOTICE

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Carter Renee Studio may provide you with notices, including those regarding any changes to the TOS, via email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be hereafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.

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TRADEMARK INFORMATION 

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You acknowledge, understand and agree that all of the Carter Renee Studio trademarks, copyright, trade name, service marks, and other Carter Renee Studio logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Carter Renee Studio. You agree not to display and/or use in any manner the Carter Renee Studio logo or marks without obtaining Carter Renee Studio's prior written consent.

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COPYRIGHT OR INTELLECTUAL PROPERTY CLAIMS NOTICE & PROCEDURES 

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Carter Renee Studio respects the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Carter Renee Studio may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, please provide us with the following information:

  • The electronic or physical signature of the individual authorized on behalf of the owner of the copyright or other intellectual property interest

  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon

  • A description of the location of the site which you allege has been infringing upon your work

  • Your physical address, telephone number, and email address

  • A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law

  • Finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

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The Carter Renee Studio Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

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Mailing Address:

Carter Renee Studio Attn: Copyright Agent

171 Branham Ln, Ste 10 POB 1044

San Jose, California 95108

Telephone: 408.759.4790

Email: info@carterreneestudio.com

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GENERAL INFORMATION 

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ENTIRE AGREEMENT 

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This TOS constitutes the entire agreement between you and Carter Renee Studio and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to Carter Renee Studio services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Carter Renee Studio services, affiliate services, third-party content, or third-party software.

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CHOICE OF LAW AND FORUM 

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It is at the mutual agreement of both you and Carter Renee Studio with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and Carter Renee Studio, shall be filed within the courts having jurisdiction within the County of United States, California or the U.S. District Court located in said state. You and Carter Renee Studio agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

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WAIVER AND SERABILITY IF TERMS

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Should Carter Renee Studio fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 

 

NO RIGHT OF SURVUVIRSHIO NON -TRANSFERABILITY

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You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

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STATUTE OF LIMITATIONS 

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Regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services, or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.

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VIOLATIONS 

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Please report any and all violations of this TOS to Carter Renee Studio as follows: Mailing Address: 1044 San Jose, California 95108 Telephone: 408.759.4790 Email: info@carterreneestudio.com

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