Terms and Conditions

1. Introduction

Welcome to the Emberglow Studios website, located at www.emberglowstudios.com. These Terms and Conditions ("Terms") govern your access to and use of our website and services. By accessing or using the website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our website or services.

2. User Responsibilities

As a user of our website and services, you agree to the following:

• You will use the website and services only for lawful purposes and in accordance with these Terms.
• You will not use the website in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the website.
• You will not attempt to gain unauthorized access to any part of the website, other user accounts, or any computer systems or networks connected to the website.
• You will not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You are responsible for maintaining the confidentiality of any account information, including usernames and passwords, that you use to access the website.
• You agree to notify Emberglow Studios immediately of any unauthorized use of your account or any other breach of security.

3. Limitations of Liability

To the fullest extent permitted by applicable law, Emberglow Studios shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your use or inability to use the website or services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the website.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party.
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
• The conduct, whether online or offline, of any user of the website.

Emberglow Studios' total liability to you for all claims arising out of or relating to these Terms or your use of the website or services shall not exceed the amount you paid to Emberglow Studios, if any, for access to the website or services.

4. Intellectual Property Rights

The content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Emberglow Studios or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on the website without the express written consent of Emberglow Studios.

Emberglow Studios owns all rights to the Emberglow Studios name and logo. You may not use the Emberglow Studios name or logo without our prior written permission.

5. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

6. Modifications to Terms

Emberglow Studios reserves the right to modify these Terms at any time without prior notice. Your continued use of the website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes. The latest version of these Terms will be posted on the website.

7. Termination

Emberglow Studios may terminate your access to the website and services at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Contact Information for Legal Inquiries

If you have any questions or concerns regarding these Terms, please contact our legal department:

Legal Department
Emberglow Studios
555 Redwood Avenue
San Francisco, CA 94102
Email: legal@emberglowstudios.com
Phone: 555-777-8888

9. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

10. Waiver

The failure of Emberglow Studios to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

11. Entire Agreement

These Terms constitute the entire agreement between you and Emberglow Studios relating to your use of the website and services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Emberglow Studios with respect to the website and services.

12. Digital Millennium Copyright Act (DMCA) Notice

Emberglow Studios respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, please notify Emberglow Studios’ copyright agent, Robert Davis, at robert.davis@emberglowstudios.com, and provide the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Emberglow Studios to locate the material;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement by you that you have a good faith belief that the use of the material in the manner complained of 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 information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

13. Third-Party Links

Our website may contain links to third-party websites or resources that are not owned or controlled by Emberglow Studios. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Emberglow Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

14. Assignment

Emberglow Studios may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the website.