Acceptance of Terms and Conditions
Spectrum Gallery and Store provides this website and the Online Shop (together, the “Spectrum Gallery and Store Website”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE Spectrum Gallery and Store WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). Spectrum Gallery and Store MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE Spectrum Gallery and Store WEBSITE NOW AND REFRAIN FROM FURTHER USE.
PROTECTION OF PRIVACY
The names, titles, trademarks, service marks, and logos that appear on the Spectrum Gallery and Store Website are registered and unregistered marks of Spectrum Gallery and Store. You may not use the Spectrum Gallery and Store Trademarks without Spectrum Gallery and Store’s prior, written permission.
The trademarks of third parties may also appear on the Spectrum Gallery and Store Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Spectrum Gallery and Store Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Spectrum Gallery and Store Trademarks or may be construed to mean that Spectrum Gallery and Store has authority to grant any right or license on behalf of any third party trademark owner.
ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Spectrum Gallery and Store Website are protected by copyright laws and may be covered by other restrictions as well. Spectrum Gallery and Store retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Spectrum Gallery and Store. Spectrum Gallery and Store expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
FAIR USE IS PERMITTED
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from Spectrum Gallery and Store’s Website for such uses are welcome to do so without Spectrum Gallery and Store’s express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.Spectrum Gallery and Store.org”.
By downloading, printing, or otherwise using text, audio, video, image and other files from the Spectrum Gallery and Store Website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Spectrum Gallery and Store’s or any other party’s proprietary rights.
COMMERCIAL USE IS RESTRICTED
Unauthorized publication or exploitation of Spectrum Gallery and Store’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from Spectrum Gallery and Store’s collection should be addressed directly to Spectrum Gallery and Store, 61 Main Street, Centerbrook, CT 06409.
RESERVATION OF RIGHTS
All rights not expressly granted by Spectrum Gallery and Store herein are specifically and completely reserved. Nothing on the Spectrum Gallery and Store Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Spectrum Gallery and Store has authority to grant any right or license on behalf of any third party.
Spectrum Gallery and Store at times may provide unrestricted forums on the Spectrum Gallery and Store Website for the exchange of ideas and information by participants. Spectrum Gallery and Store does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Spectrum Gallery and Store Website that you do not own, Spectrum Gallery and Store requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Spectrum Gallery and Store Website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
Any communication or material you post, transmit, or distribute to the Spectrum Gallery and Store Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Spectrum Gallery and Store or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Spectrum Gallery and Store is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Spectrum Gallery and Store Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
WARRANTY AND INDEMNIFICATION
By using the Spectrum Gallery and Store Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Spectrum Gallery and Store, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Spectrum Gallery and Store Website.
DISCLAIMER OF WARRANTIES
Spectrum Gallery and Store PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. Spectrum Gallery and Store DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Spectrum Gallery and Store DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Spectrum Gallery and Store MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. Spectrum Gallery and Store ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER Spectrum Gallery and Store, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Spectrum Gallery and Store’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Spectrum Gallery and Store.
VENUE AND CHOICE OF LAW
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.