I. Introduction

1. Please read these terms of use (“Terms of Use”) carefully before using this website (“Site”). Accessing, viewing or using the content, material, products, or services available on or through the Site indicates that you accept and agree to comply with the Terms of Use, as well as Our Privacy Policy and any other additional terms governing the content, material, products, or services available on or through Site. If that is not the case, do not use the Site. You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms of Use and perform the obligations set forth herein.

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2. The Site is operated by and the Terms of Use were issued by The Little Studio, LLC. (“The Little Studio”, “Vladimir Deming”), from which Vladimir Deming designs and hand-crafts his jewelry.

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3. The Little Studio may at any time revise these Terms of Use. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.

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II. Purpose and content of the website

1. All information and materials on the Site are presented solely for the purpose of providing general information on and promoting Vladimir Deming’s products and services.

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2. We have made an effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the display of any color will be completely accurate.

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3. Products displayed on this Site are available only on order.

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III. Intellectual property rights

1. The Site together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Site and all other files, and their selection and arrangement (the “Site Content”), are subject to legal protection, in particular copyright, trademarks and design rights held by The Little Studio, Vladimir Deming, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without The Little Studio’s prior written permission. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of The Little Studio.

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2. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content. The license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. You may not upload or republish the Site Content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Site Content is strictly prohibited. You may only use the Site for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You may not resell any item purchased from this Site. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of The Little Studio, is strictly prohibited and will terminate the license granted herein. Any unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use will be construed as conferring any license to any intellectual property rights.

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3. “The Little Studio”, “V”, “Vladimir Deming” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of The Little Studio and Vladimir of New York. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Little Studio or Vladimir of New York. Your use / misuse of Trademarks displayed on the Site, or of any other Site Content, except as provided for in these Terms of Use, is strictly prohibited.

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IV. Disclaimer

1. EXCEPT AS EXPRESSLY PROVIDED IN OUR WARRANTY, THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.

2. The Little Studio and Vladimir Deming assume no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

3. The Little Studio and Vladimir Deming reserve the right to interrupt or discontinue any or all of the functionalities of the Site. The Little Studio accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Site, irrespective of whether this is the result of actions or omissions of The Little Studio or any third party.

4. While The Little Studio uses reasonable efforts to include accurate and up-to-date information on the Site, it makes no warranties or representations with respect to the Site. The Site Content may contain technical inaccuracies or typographical errors. The Little Studio reserves the right to make changes, corrections and/or improvements to the Site Content at any time without notice.

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V. Links to and from other websites

1. Because The Little Studio and Vladimir Deming have no control over and does not endorse any of the sites to which the Site is linked and because The Little Studio and Vladimir Deming have not reviewed any or all of the sites to which the Site is linked, you acknowledge that The Little Studio and Vladimir Deming are not responsible for the content of any off-site pages or any other sites linked to the Site. Responsibility for access to off-site pages and linked third-party sites rests solely with you.

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2. Your linking to the Site, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and Privacy Policy and Cookie Notice of any linked site will apply, which may be different from those of The Little Studio.

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3. Framing of the Site by sites or site elements is not permitted. In-line linking or any other manner of incorporating parts of the Site on other sites is equally prohibited.

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VI. Service access

1. While The Little Studio endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period.

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2. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.

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VII. Limitation of liability

IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, THE LITTLE STUDIO, VLADIMIR DEMING, VLADIMIR OF NEW YORK EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE LITTLE STUDIO OR VLADIMIR DEMING TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF THE LITTLE STUDIO SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

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VIII. Privacy

1. We care about your privacy and the protection of your personal data. Please read our Privacy Policy.

 

IX. Indemnification

You will indemnify The Little Studio, Vladimir Deming, Vladimir of New York and vdemingnyc (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Content, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to us), or any breach by you of these Terms of Use, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

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X. Dispute resolution

Any dispute arising out of these Terms of Use shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York City, New York, unless We elect otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. You will pay all filing, administration, and arbitrator fees associated with the arbitration. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

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XI. Miscellaneous

1. The Site is controlled by The Little Studio, 213 East 71st Street, New York, NY 10021, U.S.A., and operated from within the United States by The Little Studio and Vladimir Deming. Without limiting anything else, we make no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.

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2. The failure of The Little Studio and/or Vladimir Deming to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

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3. If you have any questions about the Terms & Conditions, please write to:

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The Little Studio, 213 East 71st Street, Suite One, New York, NY, 10021, U.S.A.

Telephone number: +1 (212) 535-2412

Email address: vladimirdeming@gmail.com

 

Last Updated on: October 31, 2022