Terms & Conditions
Website Terms and Conditions
Satsuki Mitchell (collectively, "Mitchell" or "we") owns the website SatsukiMitchell.com (the "Website"). The following terms and conditions together with Mitchell's Privacy Policy (collectively, "Terms and Conditions") govern access and use of the Website, including any content functionality and products and services made available via the Website. Use of the Website is conditioned upon acceptance of these Terms and Conditions, as may be revised from time to time, and, by accessing and using the Website, you (the "User" or "you") accept these Terms and Conditions and agree to be bound thereby. Users that do not agree to be bound by these Terms and Conditions may not access or use this Website.
Website Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the "Website Content"), and the collection, arrangement and assembly of the Website Content, is the property of Mitchell and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Mitchell except as follows: (i) the User’s computer may temporarily store copies of such materials in RAM incidental to accessing and viewing the Website; (ii) the User may store files that are automatically cached by the User’s web browser for display enhancement purposes; (iii) the User may print or download one copy of a reasonable number of pages of the Website for the User’s own purposes and not for further reproduction, publication, or distribution; and (iv) if Mitchell provides social media features with certain content, you make take such actions as are enabled by such features.
Use of Website: The Website, including all Website Content, is provided as a resource for Users to learn about Mitchell and its products and services. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own purposes. All rights not expressly granted are reserved by Mitchell and its licensors. This limited license may be revoked at any time for any reason or no reason.
Acceptable Use of Website: The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Mitchell to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to Mitchell’s systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden Mitchell’s servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party terms and conditions at all times while using the Website. Mitchell reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Mitchell reasonably believes the User has engaged in or is engaging in, use that violates these Terms and Conditions. Mitchell’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Mitchell and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms and Conditions or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Mitchell or the applicable rights holder.
Links: The Website may include links to external websites operated and controlled by third parties (collectively, "Third Party Sites") and, in addition, some Third Party Sites may provide links to the Website. Mitchell does not control or operate these Third Party Sites. These links to and from the Third Party Sites are provided for the User’s convenience and in no way signify any endorsement by Mitchell of any such websites or the content therein. Access to any such linked THIRD PARTY site is at the User’s own risk, and MITCHELL will not have any liability arising out of or related to such THIRD PARTY sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such THIRD PARTY site.
User Information: Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, postal address, email address, telephone number, method of payment, credit card number, and billing information. To the extent that the Website permits the User to edit the User Information, the User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to Mitchell and/or its agents and authorizes Mitchell and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located at www.satsukimitchell.com/privacy, which is incorporated herein by reference.
Accounts: Users may create accounts (each, an "Account") that allow them to utilize certain Website features. Each User acknowledge that any log-in or user name, password, or other piece of information utilized to access an Account, whether chosen by the User or provided by Mitchell, must be treated as confidential and that he or she must not disclose the same to any other person. The User agrees to notify Mitchell immediately of any unauthorized access to or use of the User’s Account, user name, password, other piece of information utilized to access an Account, or any other breach of security. Mitchell reserves the right to disable any user name, password, or other identifier, whether chosen by User or provided by Mitchell, at any time in Mitchell’s sole discretion for any or no reason, including if Mitchell believes the User has violated any provision of these Terms and Conditions.
Online Commerce: Mitchell may permit Users with Accounts to make purchases through the Website from Mitchell or from other unrelated and/or unaffiliated merchants (each, a "Merchant"). Where a User makes such a purchase via the Website, all information obtained by Mitchell from the User in the course of such purchase, including User Information, may be collected by both Mitchell and other Merchants, if any, as well as the payment processing companies utilized for such purchases. A User’s participation, correspondence or business dealings with a Merchant found on or through the Website, as well as all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to such purchase, are solely between the User and that Merchant. The User agrees that Mitchell is not responsible or liable for any loss, damage, refunds, or any other matter incurred as a result of such dealings with a Merchant. Merchants and payment processing companies may have privacy and data collection practices that are different from those utilized by Mitchell as disclosed in its Privacy Policy. Mitchell has no responsibility or liability for the independent policies of the payment processing companies and/or Merchants. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of the payment processing company and/or the Merchant. The User hereby releases Mitchell, its payment processing company, and Merchants from any damages incurred by the User. Moreover, the User agrees not to assert against Mitchell, its payment processing company, or Merchants any claims arising from the User’s purchase via the Website.
Mitchell Products and Services: Mitchell attempts to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on the Website, Mitchell does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Mitchell reserves the right to make changes in information about price, description, or availability without notice. Mitchell reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer, regardless of whether a customer has an Account. Mitchell has made every effort to display as accurately as possible its products that appear on the Website; however, the actual image you will see will depend on many factors, including your computer and resolution, and we cannot guarantee that your computer will accurately display our images. The inclusion of any products on this Website does not imply or warrant that these products will be available at any particular time. WITH RESPECT TO PRODUCTS IDENTIFIED ON THIS WEBSITE, MITCHELL'S EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
User Content: The Website may allow the Users to post text and/or upload photographs, videos or other content (collectively, “User Content”). Each User shall be solely responsible for its User Content and the consequences of submitting and publishing that User Content via the Website and any related Mitchell platforms. Each User shall retain ownership of all their User Content and hereby grants to Mitchell a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Mitchell platforms and for Mitchell’s business purposes. The User also grants to the other Users of the Website and related Mitchell platforms a non-exclusive license to access the User Content via the Website and related Mitchell platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms and Conditions. The User grants Mitchell the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that Mitchell has the right, but is not obligated, to use any such User Content and that Mitchell may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant Mitchell the license to use such content or materials as described herein. The User acknowledges that Mitchell has no obligation to monitor or screen User Content submitted to the Website, but that Mitchell shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms and Conditions or that is otherwise objectionable.
Third Party Content: The User understands and agrees that Mitchell does not control and is not responsible for any Website Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Website Content is at the User’s sole risk. Under no circumstances will Mitchell be liable for any such third party Website Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Website Content.
Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms and Conditions and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. In any event, the User affirms that the User is at least 13 years of age, as the Website is not intended for children under the age of 13. Mitchell provides the Website for use in the United States of America. Mitchell does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
Disclaimers: MITCHELL AND ITS LICENSORS do not warrant or guarantee the accuracy, RELIABILITY or completeness of the Website Content or represent that the Website or the Website Content is error-free, VIRUS-FREE, FREE OF DESTRUCTIVE CODE or capable of operating on an uninterrupted basis. THE WEBSITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. MITCHELLWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER PROPERTY DUE TO USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: use of the Website is at THE USER’S own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MITCHELL AND ITS LICENSORS shall NOT be LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (i) use or misuse of the WEBSITE OR the WEBSITE Content; (ii) inability to access or use the WEBSITE or the WEBSITE Content; (iii) any loss or corruption of data or information submitted VIA the WEBSITE; (iv) any communications or services provided by, or requested from, MITCHELL via the Website; or (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not MITCHELL is advised of the possibility of such damages.
Indemnity: Upon request by Mitchell, the User agrees to indemnify, defend and hold harmless Mitchell and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms and Conditions; (iii) the User's violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Mitchell reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Mitchell in asserting any available defenses.
Changes to Website: At any time and without notice to the User, Mitchell may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Changes to Terms; Updates: Mitchell reserves the right to change these Terms and Conditions at any time, and in its sole discretion, by changing these Terms and Conditions within the Website. The User’s continued use of the Website after any such changes to these Terms and Conditions are made available through the Website will constitute the User’s acceptance of those changes. The User thus agrees to check this page from time to time so that the he or she is aware of any changes. These Terms and Conditions shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
Governing Law: These Terms and Conditions are governed by the laws of the State of CA and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Los Angeles County, CA, USA for purposes of any legal action arising out of or related to these Terms and Conditions or use of the Website.
Severability: If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the below "Legal Notice for New Jersey Residents" section.
Digital Millennium Copyright Act: Mitchell does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Mitchell will remove certain Website Content, including but not limited to User Content, if properly notified that such Website Content infringes on another's intellectual property rights. Mitchell reserves the right to remove website Content and/or User Content without prior notice. Mitchell may also terminate a user's access to the Website if they are determined to be a repeat infringer; a repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice.
If you are a copyright owner or an agent thereof and believe that any Website Content infringes upon your copyrights, you may notify Mitchell by providing the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Mitchell to locate the same;
4. Information reasonably sufficient to permit Mitchell to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that 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 that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
You may direct copyright infringement notifications to Mitchell’s DMCA agent at DMCAAgent@satsukimitchell.com ("DMCA Agent"). You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.
If you believe that your User Submission or other posted content that was removed from the Website (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material at issue (collectively, the "Disputed Content"), you may send a counter-notice containing the following information to the DMCA Agent:
Your physical or electronic signature;
Identification of the Disputed Content that has been removed or to which access has been disabled and the location at which the Disputed Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Disputed Content was removed or disabled as a result of mistake or a misidentification of the Disputed Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, CA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Mitchell may send a copy of the counter-notice to the original complaining party informing that person that Mitchell may replace the removed Disputed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the Disputed Content or User, the removed Disputed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Mitchell’s sole discretion.
Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT ("TCCWNA"), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: (1) in the Links section, the provision concerning limiting Mitchell's liability for any loss or damage is not applicable to New Jersey residents to the extent Mitchell was negligent or has breached its obligation; (2) in the Online Commerce section, (a) the provision concerning limiting Mitchell's liability for any loss or damage is not applicable to New Jersey residents to the extent Mitchell was negligent or has breached its obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (3) in the Mitchell's Products and Services section, the provision concerning limiting Mitchell's liability for any loss or damage is not applicable to New Jersey residents to the extent Mitchell was negligent or has breached its obligation to you; (4) in the Disclaimers section, the provision concerning limiting Mitchell's liability for any loss or damage is not applicable to New Jersey residents to the extent Mitchell was negligent or has breached its obligation to you; (5) in the Limitation of Liability section, the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (6) in the Indemnity section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions.
Contact: Any questions regarding the Website of these Terms and Conditions may be directed to: customerservice@satsukimitchell.com.
Effective as of March, 2018