Terms of Use
Copyright, Image Usage, & Services Information

Hello fantasy lovers! Thank you for your interest in Melissa Dawn Art! The Terms of Use described below shall govern any transaction or occurrence arising from this website between you and Melissa Dawn Art. It is your responsibility to read, understand, and comply with our Terms of Use before purchasing, using, copying, or distributing any product or image from this website.

Melissa Dawn is the sole proprietor of Melissa Dawn Art. As such, all products, and other services used on this website are the ©Melissa Dawn. All images, either electronic images or hardcopy images, artworks, products, and web design, shown on this website or elsewhere are ©Melissa Dawn. Melissa holds copyright and intellectual property rights for all of her artworks, designs, and products. Unless expressly stated otherwise in Melissa Dawn Art's Terms of Use (described below), use is strictly prohibited without Melissa’s express, written permission.

SUMMARY OF USAGE
The terms listed below are a merely a summary of the Terms of Use. Please read the full Terms of Use for further information.



TERMS OF USE

1. User Agreement & Relationship with Melissa Dawn Art

1.1 Your purchase and use of Melissa Dawn Art products, services, and web site (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Melissa Dawn Art.
1.2 Unless otherwise agreed to in writing with Melissa Dawn Art, a legal agreement with Melissa Dawn Art includes the terms and conditions set out in this document. These terms and conditions shall be referred to as the "Terms of Use."
1.3 This agreement contains the entire agreement between you and Melissa Dawn Art.

2. Acceptance of Terms of Use

2.1 Before utilizing Melissa Dawn Art Services, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms.
2.2 YOU CAN ACCEPT THE TERMS OF USE BY:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Melissa Dawn Art; or
(B) ACTUALLY USING THE SERVICES. By actually using the Services provided on this website, you understand and agree that SpellboundWings will treat your use of the Services as acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Melissa Dawn Art, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Use of Website

3.1 You agree to use the Services only for purposes that are permitted by the Terms of Use and any applicable law, regulation or generally accepted practices or guidelines.
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.3 Unless you have been specifically permitted to do so in a separate agreement with Melissa Dawn Art, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.4 You agree that you are solely responsible for (and that Melissa Dawn Art has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Melissa Dawn Art may suffer) of any such breach.
3.5 You agree not to publish any confidential information that may be stored on this website.
3.6 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT Melissa Dawn Art SHALL NOT BE LIABLE FOR ANY HARM THAT MAY OCCUR THROUGH THE USE OF THIS WEBSITE.

4. Proprietary Rights

4.1 All content and material available on MelissaDawnArt.com, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement are the proprietary property of Melissa Dawn and Melissa Dawn Art with all rights reserved. Melissa Dawn and Melissa Dawn Art own all legal right, title, and interest in and to the Services, including any intellectual property rights which exist in the Services regardless of whether said rights are registered or not, and wherever in the world those rights may exist. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express, written consent of Melissa Dawn Art.
4.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
4.3 Unless you have been expressly authorized to do so in writing by Melissa Dawn Art, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4.4 You agree that Melissa Dawn Art and Melissa Dawn specifically reserve the right to seek indemnity and/or right to damages for Breach of Agreement in cases of liability arising from your actions.

5. No Commercial or "for profit" use without separate agreement

5.1 You may not sell, redistribute, reproduce, make derivative works or otherwise use the images under copyright of Melissa Dawn and Melissa Dawn Art.
5.2 You agree to not modify images under this Service to manufacture your own products for sale in any form or through any market without a separately signed, legally enforceable contractual agreement.

6. Copyright Infringement

6.1 Copyright law in the United States is governed by federal statute under Title 17 of the United States Code http://www.copyright.gov/title17/. Infringers will first receive an informal letter from Melissa Dawn Art requesting that the infringed work be immediately removed. If the infringed work is not immediately removed, then a formal Cease & Desist letter will be sent to the infringer demanding that the infringed work be immediately removed. The letter will explain why infringer’s conduct violates the copyright law and indicate the damages sought for continued infringement. If the infringed work is not removed, Melissa Dawn Art may seek redressability through the legal system, which may result in compensatory monetary damages, injunctive relief, and restitutionary damages for unjust enrichment resulting from unauthorized sales of the copyrighted material.

7. Exclusion of Warranties

7.1 Any products or materials purchased from Melissa Dawn Art are provided "AS IS." Melissa Dawn Art does not give any express or implied warranties of merchantability, suitability, or completeness with regard to products purchased or provided.
7.2 In no event will Melissa Dawn Art, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use) however caused and on any theory of liability, whether in contract, strict liability, or in tort (including negligence or otherwise) arising in any way out of the use of these materials.
7.3 Melissa Dawn Art does not warrant that your use of this website will meet your requirements.
 7.4 Melissa Dawn Art does not warrant that your use of this website will be uninterrupted, timely, secure, or free from error.
 7.5 Melissa Dawn Art does not warrant that any information obtained from this website will be accurate or reliable.
8. Jurisdiction

8.1 The Terms of Use, and your relationship with Melissa Dawn Art under said terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Melissa Dawn Art agree to submit to the exclusive jurisdiction of the courts located within the county of Pierce, Washington to resolve any legal matter arising from said terms. Notwithstanding this, you agree that Melissa Dawn Art shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.

9. Reservation of Right to Modify, Remove, or Add Additional Terms; General Terms.

9.1 Melissa Dawn Art reserves the right to modify, remove, or add additional terms at any time.
9.2 You understand and agree that if you use this website after the date on which the Terms have changed, Melissa Dawn Art will treat your use as acceptance of the updated Terms.
9.3 You agree that if Melissa Dawn Art does not exercise or enforce any legal right or remedy contained in the Terms this will not constitute a formal waiver of rights available to Melissa Dawn Art.