TheseTerms for Use of the Website( “Terms” or “Agreement”) are a legally binding agreement between You and David Thatch (“Artist”) for Your use of www.davidmthatch.comand all Images (as defined below), content, trademarks, designs, graphics, fonts, text, sound, layout, functions and features on the website (collectively and separately referred to as the “Website”). If You do not agree to all Terms below, you MUST immediately discontinue use of the Website and exit it immediately.
“Party” or “Parties” means, as the context requires, “You” and the Artist.
YOU UNDERSTAND AND AGREE:
Scope of Permitted Use
Photographs, graphics, images displayed on the Website (“Images”)may only be viewed by You on the Website. You agree not to copy, display, modify or make any other use of any Images and understand that any such use is prohibited.
Ownership of Images
You acknowledge and agree toArtist's Reservation of Rights in Images and the Website set forth below.
Obtaining a License or Print
To obtain a license for any other use of the Images You understand you must obtain the prior written consent of Artist, pay the applicable license fees and agree to the terms and conditions of a separate written Nonexclusive License Agreement for Use of Copyrighted Images(the “License Agreement”) that will be negotiated between You and Artistand will be the sole legal agreement determining the rights and scope of any permitted use by You of the Images.
To inquire about fees for a license or print of an Image and obtain consent for use of an Image please contact us.
Artist's Reservation of Rights in Images and the Website:
You acknowledge and agree that all copyrights, trademarks, trade dress, moral rights, intellectual property rights and other proprietary rights in the Images and the Website are reserved by Artist (or her licensors or other third parties) regardless of the medium or format in which they are embodied or expressed and including but not limited to the right to copy, publicly display, modify and make derivative works of any Image or the Website under United States Copyright law.
You understand and agree that you do not have and do not acquire any license or right of use in any copyright or trademark in any Image or the Website or any other proprietary right and you agree not to make any use of any Image or the Website other than the viewing of Images as described in Scope of Permitted Use above.
Linking to Website
Linking to www.davidmthatch.com or any part of the Website is permitted without the prior written consent of Artist.
Third Party Links
Links to any other website outside of www.davidmthatch.com(“Third Party Websites”) are provided for informational purposes only. You acknowledge and agree that you assume all risk from visiting Third Party Websites and that Artist has no responsibility for any content on such Third Party Websites and is not liable for any loss or damage of any kind You may experience from visiting or engaging in any transaction or business as a result of a visit to Third Party Website.
Privacy Policy
The information You submit to Artist or the Website, including your name, e-mail address, mailing address and other personal information, whether submitted in an Inquiry form, e-mail or by other means, may be retained indefinitely by Artist and may be used to respond to your inquiries, to obtain or to process payment, to process licenses or other transactions, to enhance the content of the website and to determine areas of interest to You.
Unless and until you request otherwise by sending an e-mail to Artist, Your information may also be used by Artist to contact you to inform You periodically of: changes or enhancements to the Website; new content or events that may be of interest to You; and to market Images and content to You.
Assumption of Risk
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL IMAGES ARE PROVIDED SOLELY FOR YOUR PERSONAL VIEWING.
YOU UNDERSTAND THE WEBSITE AND IMAGES MAY CONTAIN MATERIAL OF A MATURE, SENSITIVE OR CONTROVERSIAL NATURE INCLUDING BUT NOT LIMITED TO IMAGES DEPICTING NUDITY, ACTUAL OR IMPLIED SEXUAL ACTIVITY, USE OF ALCOHOL OR CONTROLLED SUBSTANCES, CRIMINAL ACTS, MENTAL ILLNESS, SUICIDE OR CONTROVERSIAL SOCIAL SITUATIONS OR BEHAVIORS. YOU AGREE NOT TO PROVIDE OR PERMIT A MINOR ACCESS TO ANY SUCH IMAGES OR WEBSITE CONTENT.
ALL SUCH DEPICTIONS HAVE BEEN MADE SOLELY FOR ARTISTIC PURPOSES AND ARE NOT INTENDED TO ENCOURAGE THE ACTIVITIES OR CONDUCT DEPICTED THEREIN.
YOU ASSUME THE RISK OF ENGAGING IN ANY ACTIVITIES DEPICTED IN ANY IMAGE OR THE WEBSITE.
DISCLAIMER OF WARRANTIES AND DAMAGES
THE WEBSITE AND ALL IMAGES ARE PROVIDED “AS IS” AND Artist MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE IMAGES OR THE WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS OR THAT THE PERFORMANCE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. Artist DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree that, to the fullest extent permitted by law, Artist shall not be liable to you for any claim, injury, loss or damage resulting from Your use of the Website, its content or Your viewing of an Image or inability to use the Website or view an Image, regardless of whether such claim is based in contract or tort or otherwise and whether such injury, loss or damage is for direct, indirect, consequential, incidental, special, or punitive damages or is claimed for mental or emotional distress.
Allocation of Risk of the Essence Of the Agreement
You understand that Your consent to the Assumption of Risk and Disclaimer of Warranties and Damages above are of the essence to this Agreement and in absence of this consent Artist would not have permitted Your use of the Website and viewing of Images or would done so only after negotiating and receiving payment of a fee from You.
Choice of Law and Venue
This Agreement is to be construed under the laws State of South Carolina and the United States without reference to any choice of law rules.
You agree that the State and Federal courts in the State of Soth Carolina shall have exclusive jurisdiction to resolve any claim or controversy under this Agreement and you agree to be bound by their decisions and judgments.
Equitable Remedies
You acknowlege and agree that a breach or threatened breach of the provisions of this Agreement relating to the Scope of Use and Artist's Reservation of Rights in Images and the Website may cause irreparable harm to the business or reputation of Artist that is not adequately compensable in monetary damages. Accordingly, You agree that Artist shall be entitled to obtain injunctive relief in addition to any remedies at law for such a breach or threatened breach and You will not contest Artist's request for such injunctive relief.
Consideration
Both Parties acknowledge the adequacy of consideration received under this Agreement and You acknowledge that your use of the Website and viewing of Images is adequate consideration to support this Agreement.
Entire Agreement
This Agreement is the entire understanding between You and Artist with respect to the subject matter herein and supersedes all prior oral and written understandings.
Changes to Terms
You agree that these Terms may be modified by Artist by publishing of such updated Terms on www.davidmthatch.comand the modified Terms will apply to any use by You of the Website or Images on or after the date of such publication.
Severability
Artist's failure to exercise any rights or remedies hereunder shall not be deemed a waiver or forfeiture of any such rights or remedies. In the event any clause or term of this Agreement should be found unenforceable in whole or part, the enforceability of the remaining clauses shall not be affected.
Assignment
Artist may assign this Agreement at any time. Any assignment by You requires the prior written consent of Artist.
Terms for Use of Website www.davidmthatch.com Version 1 10/25/06
