Terms and Conditions

Acceptance of Terms and Conditions

Mary Peng Studio (“Mary Peng Studio”) provides this website (marypengstudio.org) and the Online Store (marypengstudio.org/store) (together, the “Mary Peng Studio website”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE MARY PENG STUDIO WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). MARY PENG STUDIO MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE MARY PENG STUDIO WEBSITE NOW AND REFRAIN FROM FURTHER USE. PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Protection of Privacy

Mary Peng Studio is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Mary Peng Studio website is governed by Mary Peng Studio’s Privacy Policy. Please note that the Mary Peng Studio website is not specifically dedicated to children and Mary Peng Studio does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Mary Peng Studio website.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Mary Peng Studio website are registered and unregistered marks of Mary Peng Studio, including but not limited to Mary Peng Studio and MARY PENG STUDIO (“Mary Peng Studio Trademarks”). You may not use the Mary Peng Studio Trademarks without Mary Peng Studio’s prior, written permission.

The trademarks of third parties may also appear on the Mary Peng Studio website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Mary Peng Studio website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Mary Peng Studio Trademarks or may be construed to mean that Mary Peng Studio has authority to grant any right or license on behalf of any third party trademark owner.

All Content is Protected by Copyright Laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Mary Peng Studio website are protected by copyright laws and may be covered by other restrictions including, for example, rights of privacy and publicity, as well. Mary Peng Studio retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Mary Peng Studio. Mary Peng Studio expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair Use is Permitted

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Users who wish to download or print text, audio, video, image and other files from Mary Peng Studio’s website for such uses are welcome to do so without Mary Peng Studio’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.marypengstudio.org.”

By downloading, printing, or otherwise using text, audio, video, image and other files from the Mary Peng Studio website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Mary Peng Studio’s or any other party’s proprietary rights.

Commercial Use is Prohibited

Unauthorized downloading, publication, or exploitation of Mary Peng Studio’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from Mary Peng Studio’s collection should be addressed directly to Mary Peng Studio at info@marypengstudio.org.

Reservation of Rights

All rights not expressly granted by Mary Peng Studio herein are specifically and completely reserved. Nothing on the Mary Peng Studio website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Mary Peng Studio has authority to grant any right or license on behalf of any third party.

Unrestricted Forums

Mary Peng Studio at times may provide unrestricted forums on the Mary Peng Studio website for the exchange of ideas and information by participants. Mary Peng Studio does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Mary Peng Studio website that you do not own, Mary Peng Studio requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Mary Peng Studio website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.

Reviews and Comments

You may have an opportunity to comment on or provide reviews of products purchased from Mary Peng Studio. By submitting any such comments or reviews (the “Comments”) you hereby grant to Mary Peng Studio a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, Mary Peng Studio, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents, and releases that are necessary to grant to Mary Peng Studio the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or Mary Peng Studio’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Mary Peng Studio may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails, and may include your first name and last initial as well as your Comment (or excerpted portions thereof).

Digital Millennium Copyright Act (DMCA) Agent

Mary Peng Studio respects the intellectual property of others and asks users of the Mary Peng Studio website to do the same. Mary Peng Studio may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Mary Peng Studio website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Mary Peng Studio’s Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Mary Peng Studio website;
Your address, telephone number, and email address;
A 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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Mary Peng Studio’s agent for notice of claims of copyright infringement can be reached as follows: By mail:

By email: info@marypengstudio.org

Submissions

Any communication or material you post, transmit, or distribute to the Mary Peng Studio website by electronic mail or otherwise, or any communication or material you post, transmit, or distribute in any virtual or online Mary Peng Studio event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you so transmit or post may be used by Mary Peng Studio or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Mary Peng Studio is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Mary Peng Studio website or submit in any virtual or online Mary Peng Studio event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and Indemnification

By using the Mary Peng Studio website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Mary Peng Studio, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Mary Peng Studio website.

DISCLAIMER OF WARRANTIES

MARY PENG STUDIO PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. MARY PENG STUDIO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. MARY PENG STUDIO DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MARY PENG STUDIO MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. MARY PENG STUDIO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER MARY PENG STUDIO, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Mary Peng Studio’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Mary Peng Studio.

Venue and Choice of Law

These Terms and Conditions and the relationship between you and Mary Peng Studio shall be governed by, construed, and enforced in accordance with the laws of the State of Massachusetts, without giving effect to any conflict of law provisions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

MANDATORY ARBITRATION. NO CLASS ACTIONS

You irrevocably agree to submit any and all disputes, claims, or controversies arising out of or relating to your use of the Mary Peng Studio website or any services or products purchased or received, to the American Arbitration Association (“AAA”), or its successor, for confidential mediation. And if the matter is not resolved through mediation, then to AAA, or its successor, for final and binding arbitration. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in a class action arbitration, and to assert or participate in any joint or consolidated arbitration of any kind.

Claims shall be heard by a single arbitrator. The place of arbitration shall be [Your City, Your State]. The arbitration shall be governed by the laws of the State of [Your State]. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Judgment upon the award rendered by the Arbitrator(s) may be entered by any court having jurisdiction thereof.

You agree to maintain as strictly confidential all negotiations and proceedings pursuant to this section, except as is required by court order or as is necessary to confirm, vacate, or enforce a judgment or award.

Entire Agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Last update: July 1 2024