TERMS OF USE

Revised 12/17/2018

 These Terms of Use will govern your use of This Site. Please read them carefully before engaging with This Site because they affect your legal rights and obligations. 

 

1. Your Acceptance of These Terms of Use

If you do not agree with any of the terms below, please do not use This Site. By using This Site you will be deemed to have irrevocably agreed to these Terms of Use, which include Privacy, Trademark and Copyright Notices. Eva Sterling may revise these Terms of Use at any time, with or without notice, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms of Use were last revised by referring to the "Last Revised" date under the title of the Terms of Use. Changes to the Terms of Use will not be applied retroactively. You understand and agree that Eva Sterling may discontinue or restrict your use of the Website at any time for any reason, or no reason, with or without notice. 

This Site is owned and operated by Reckless Muse, LLC. In all provisions herein, and in all of your interactions with This Site and the services of Eva Sterling, “Eva Sterling” shall mean Reckless Muse LLC and not any individual. In all subsequent provisions, the term “This Site” is meant to include www.EvaSterling.com and all related entities. Please forward any comments about This Site to onerecklessmuse@gmail.com.

This Site contains materials protected by copyrights, patents, trade secrets and registered or unregistered trademarks owned by Eva Sterling or third parties. Eva Sterling ensures that such materials are posted on This Site only with prior approval of the copyright or trademark holder. You acknowledge that by using This Site you will refrain from using materials posted in a way that violates their corresponding copyrights or trademark rights. Any materials featured on This Site are for your non-commercial entertainment use only, and you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from This Site for any purpose without the prior written authorization of Eva Sterling, who reserves all rights not expressly granted.

2. Permissions And Restrictions Related to the Use of This Site.

A. In your use of This Site you will comply with all applicable laws.

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses This Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Eva Sterling grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Eva Sterling reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from This Site, nor to use the communication systems provided by Eva Sterling (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of This Site with respect to their Content. Do not send, create or reply to “mailbombs” (emailing copies of a single message to many users) or engage in “spamming” (unsolicited emailing for business or other purposes).

C. Eva Sterling reserves the right to discontinue any aspect of This Site at any time.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of This Site, including features that prevent or restrict use or copying of content or enforce limitations on use of

E. You understand that when using This Site, you will be exposed to information, and that Eva Sterling is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that you may find or that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Eva Sterling with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Eva Sterling, and all related owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of This Site.

3 Permitted Users And Ability To Accept Terms 

This Site is not intended for individuals under 18 years of age. If you are under 18 years of age, you agree not to use This Site or accessing any services. If you view such materials on this website, you affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

BY USING THIS SITE YOU AGREE THAT YOUR USE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Reckless Muse, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE EVA STERLING WEBSITE AND YOUR USE THEREOF. EVA STERLING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, OR THE CONTENT OF SITES THAT DISPLAY SUCH CONTENT AS A RESULT OF USER SHARING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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. EVA STERLING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVA STERLING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

4

A. IN NO EVENT SHALL EVA STERLING, RECKLESS MUSE, LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE'S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

B. YOU SPECIFICALLY ACKNOWLEDGE THAT RECKLESS MUSE, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING

C. THE SERVICE IS CONTROLLED AND OFFERED BY RECKLESS MUSE, LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA.RECKLESS MUSE, LLC MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

A. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Eva Sterling and Reckless Muse, LLC, its members, agents, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to This Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content of This Site caused damage to a third party. This defense and indemnification obligation will survive these These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eva Sterling without restriction.


Jurisdiction and Dispute Resolution

You agree that: (i) Eva Sterling shall be deemed solely based in California; and (ii) This Site shall be deemed a passive website that does not give rise to personal jurisdiction over Eva Sterling, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

Any dispute of any kind between you and any member of Eva Sterling or Reckless Muse, LLC arising under these Terms of Use shall be resolved in San Francisco, California. All disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.


 

REFUND POLICY

Make payments at your own risk. By making a payment you understand that your money is forfeited and that no refunds will be given under any circumstances. All payments made to Eva Sterling via any method is a non-refundable gift. By submitting a payment on this website or other sites associated with EvaSterling.com you acknowledge that you are submitting a payment (or have authorized a payment on your behalf) and that this payment is not an exchange for goods or services. Payments are gifts with no expectation of receipt of any goods or services. If Eva Sterling decides to engage in any play with you it is at her discretion and she may choose to terminate play or the relationship with the gift giver at any time, regardless of the amount paid.