Terms of Use

Legal mumbo-jumbo is a necessary evil. Or so they say. On a positive note, it makes for really good bedtime reading. It may not be as simple as Dr. Seuss, but it’s pretty darn close. Here goes the most legible fine print ...

By accessing this site, you agree to be bound by all terms set forth below. If you do not agree to all of the terms, please exit, depart, make a break, hit the road, move on, scram and abandon the website now.

Ownership of Site & Content

Myrtle Productions, LLC, owns all Content that appears under the domain twiztedmyrtle.com. “Content” means all photographs, text, images, audio files, podcasts and any other digital media. All of the Content is protected under the laws of the United States and International copyright treaties. No Content is within the public domain.

Eligibility

To access or use the site, you must be 18 years or older and have the required power and authority to enter into these terms. If you are under age 18, you may only use the site under the supervision and authorization of a parent or legal guardian that is at least 18 years old, who will be held responsible for your conduct and the consequences of any such conduct. If you are a parent or legal guardian, before authorizing such use, please be warned that the site may display content that some find explicit or offensive.

Use of Site

You agree not to use this site for any reason other than for your personal viewing enjoyment. More specifically, you agree not to download or otherwise copy any Content except through the normal viewing process of the browser. You will not modify, publish, transmit, reverse engineer, create derivative works or in any way exploit any of the content, in whole or in part, found on the site. Myrtle Productions makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, reliable, complete or current, and further disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Privacy Policy

There is one! Click here for privacy policy.

Purchase and Licensing

The purchase of any product does not provide you, the purchaser, with any copyright interest or other intellectual property right in the product. Reproduction rights for images may be purchased via licensing. For questions or inquiries regarding licensing, please contact hello@twiztedmyrtle.com

If you are not directly purchasing a Photograph, but rather downloading a Photograph or other content on the site in any manner, you acknowledge that the ability to download does not constitute a grant of usage rights. You also acknowledge that all usage restrictions still apply to you, and you agree to fully comply with Myrtle Productions’ copyright, usage restrictions, and any other terms of any direct arrangements with Myrtle Productions.

Copyright Infringement Policy

Myrtle Productions protects its copyright interests. In the event that infringement is discovered and reported, you will be (1) notified and invoiced for a fee atleast fifteen times the highest listed sale price on this website, or (2) invoiced fifteen times the industry standard based on image use, usage specifications and target markets, whichever is greater, and / or (3) prosecuted for copyright infringement to the fullest extent permitted by law.

In other words, it's not worth it. Just do the right thing. Send me a note and we'll get you squared away with the image you'd like to use. And we get to be friends!

Trademarks

Twizted Myrtle is a registered trademark of Myrtle Productions, LLC. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, are trademarks and trade dress owned by Myrtle Productions, and may not be copied, imitated or used, in whole or in part, without prior written permission.

Social Media

If you participate in chat or comment sections on the website or social media, you agree not to publish or distribute any inappropriate, defamatory or obscene material. You will not defame, abuse, harass, threaten or otherwise violate the legal rights of others. By posting or participating, you are granting without limitation, the rights to: copy, distribute, transmit, publicly display, reproduce, edit, and reformat your submission; and to publish your name in connection with your submission.

Indemnification

You agree to indemnify, defend, and hold harmless Myrtle Productions, LLC, its officers, directors, suppliers (collectively the “Service Providers”) from and against all losses, costs, liabilities, damages, and expenses, as well as third party claims, including, without limitation, reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity, including negligent or wrongful conduct by you or any other person accessing the site using your Internet account. You will provide assistance, without charge, in connection with any such defense including information, documents, records and reasonable access to you, as deemed necessary. You shall not settle any third party claim or waive any defense without prior written consent.

Limitation of Liability

In no event will Myrtle Productions be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or any damages whatsoever that result from the use of, or the inability to use, materials on this site or the performance of the products, even if Myrtle Productions has been advised or should have seen the possibility of such damages. If you are dissatisfied with any portion of the site or any of these terms, your sole and exclusive remedy is to discontinue using the site.

Third-Party Links

In an attempt to provide increased value to our visitors, Myrtle Productions provides links to third party sites. Myrtle Productions has no control, does not endorse, nor is responsible or liable for the content, availability, accuracy, legality, appropriateness policies or terms of use and practices of third party websites. These linked sites are for your convenience only and therefore, you access them at your own risk.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the shopping process. Myrtle Productions may terminate these terms, or any part of them, without notice at any time, for any reason. Provisions relating to Copyrights, Trademark, Limitation of Liability and Indemnification shall survive any termination.

Governing Law, Venue and Arbitration

This agreement shall be governed in all respects by the laws of the State of Arizona, and irrevocably consent to Maricopa County, Arizona for venue. All disputes shall be resolved by arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association. The arbitrator’s award will be final and binding. The prevailing party shall be entitled to recover costs and reasonable attorney’s fees.

You must file any claim or cause of action within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Severability

If any of the terms herein shall be deemed invalid, void or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.

Subject To Change Without Notice

Myrtle Productions, LLC reserves the right and has sole discretion to make changes to the terms of use at any time; therefore, you should review them each time you visit the website. Your continued use of the website after any such changes constitute your binding acceptance of those changes.

Updated: Jan 2018

Warning - Contents known to be blessed by the devil. May cause discomfort. Overdose will result in head explosion.
If symptoms occur, there’s no turning back.