PLEASE READ THE FOLLOWING USAGE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you agree to the following terms of use of this site (“Terms”). If you do not agree to these Terms, please discontinue use of this site. We reserve the right to change, modify, add or remove portions of these Terms at any time at our discretion and without specific notice. Please check these Terms occasionally for any changes. By continuing to visit EMRICK-PRODUCTIONS.COM following the posting of any changes to the Terms, you agree to accept the changes. 

Periodically, the Terms of this site may be supplemented with additional Terms relevant to a specific page or to specific content on a page. These “Additional Terms” will be clearly marked on this site in connection with the specific areas covered and shall be identified appropriately. You understand and agree that Additional Terms are hereby incorporated by reference into the Terms listed here.

RESTRICTIONS ON MATERIAL USAGE

This site is wholly owned and operated by VIRGINIA LYNN EMRICK and EMRICK PRODUCTION GROUP (referred to as "Virginia Emrick," “Emrick Production Group,” “EPG,” "we," "us," or "our" herein). No material from any web site owned, operated, licensed, or controlled by either VIRGINIA LYNN EMRICK or EMRICK PRODUCTION GROUP may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our express written permission. You may download one copy of the materials displayed on the site on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of VIRGINIA EMRICK and EMRICK PRODUCTION GROUP’s copyrights and other proprietary rights. All trademarks, service marks, and trade names are proprietary to EMRICK PRODUCTION GROUP and its associates.

CONTACTS AND SUBMISSIONS

VIRGINIA EMRICK and EMRICK PRODUCTION GROUP always welcome your comments regarding the site and the information found therein as well as general questions regarding the craft of writing or related questions. We also welcome requests for interviews and collaborations. However, we cannot accept submissions of any creative ideas, suggestions or materials that are not expressly solicited.

Any communication or material sent by you to us will be treated as non-confidential and non-proprietary except as mutually agreed upon in advance of the submission. Additionally, anything you send us or post on the site may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in any of your communications to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or events using such information unless other conditions are agreed to in advance.

PUBLIC COMMUNICATION

You are responsible for the content of your messages and the consequences of such messages you submit to the site. You shall not upload to, distribute through, or otherwise publish to or through VIRGINIAEMRICK.COM or EMRICK-PRODUCTIONS.COM any content which is: libelous; defamatory; obscene; pornographic; threatening; invasive of privacy or publicity rights; abusive; illegal, or otherwise offensive or objectionable including but not limited to, material in the form of text, graphics, video, programs or audio, that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

By posting materials to any page or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate, perform, display and distribute such materials (in whole or in part) or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe for the full term of any rights that may exist in such material. In addition, you warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also hold us harmless in the event that another Site user reproduces your material for personal use or otherwise.

You shall not infringe any third party rights through your use of the site, or your activities conducted from the site, including without limitation, the intellectual property rights of others. You further agree not to use in any way any of our trademarks or other intellectual property, or in any way to represent yourself or your site or the activities on your site as connected with us, or interfere with or disrupt access to the site or do anything that may interrupt or impair its functionality.

TERMINATION

These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from any and all EMRICK PRODUCTION GROUP site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These Terms will terminate immediately without notice from EMRICK PRODUCTION GROUP if in EMRICK PRODUCTION GROUP's sole discretion you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this site and any and all other EMRICK PRODUCTION GROUP site(s) and all copies thereof, whether made under these Terms or otherwise.

DISCLAIMER

The site and the materials contained in the site are provided "as is" and "as available" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, VIRGINIA EMRICK and EMRICK PRODUCTION GROUP disclaim all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose or non-infringement of third party intellectual or proprietary rights.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

EMRICK PRODUCTION GROUP does not warrant that the site, the materials or any function of the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. EMRICK PRODUCTION GROUP does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. We will not be held responsible for the security of the site or for any disruption of the site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

You will remain responsible and liable for material you upload to or access from the site and you will indemnify us in the manner set out below in the Terms in relation to your accessing or uploading. EMRICK PRODUCTION GROUP also assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video or audio from the site. You (and not VIRGINIA EMRICK or EMRICK PRODUCTION GROUP) assume the entire cost of all necessary servicing, repair, or correction that may need to be carried out to your computer.

THIRD PARTY LINKS

We make various links from the site to third party sites available to you for multiple purposes. Unless expressly described as recommended links, these sites are in no way approved, checked, edited, vetted or endorsed by us and you agree in all circumstances (whether the site is recommended or not) that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. You also agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator and you hereby waive any claim you might have against us with respect to such sites. You agree that we are not liable in any way for and you agree to indemnify us in the manner referred to below in these Terms in relation to such dealings. Any arrangements made between you and any third party named on the site are at your sole risk and responsibility and you accept said responsibility.

From time to time third parties may link to our site without our express consent or knowledge. VIRGINIA EMRICK AND EMRICK PRODUCTION GROUP are not responsible in any way for any dealings you may have with these unauthorized sites or any content which may be displayed or linked to by these third parties. Should you come across any link which is offensive or otherwise unsuitable or inappropriate to VIRGINIA EMRICK OR EMRICK PRODUCTION GROUP or our visitors, please let us know via the contact page.

LIMITATION OF LIABILITY

You expressly agree that your use of and browsing of the site are at your own risk. Neither VIRGINIA EMRICK, EMRICK PRODUCTION GROUP nor any other party involved in creating, producing or delivering this site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if EMRICK PRODUCTION GROUP or its associates has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall EMRICK PRODUCTION GROUP'S total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

You agree to indemnify, keep indemnified, defend and hold VIRGINIA EMRICK, EMRICK PRODUCTION GROUP and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the site or any breach by you of these Terms. EMRICK PRODUCTION GROUP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defense of such claim.

ISSUES OF JURISDICTION 

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the product and associated products, events and services of VIRGINIA EMRICK and EMRICK PRODUCTION GROUP. This site is controlled and operated by EMRICK PRODUCTION GROUP from its offices within the United States. EMRICK PRODUCTION GROUP makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

In the event that any provision of these Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.

These Terms shall be governed by and construed in accordance with the laws of England and Wales. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

UPDATED: October 1, 2007