Terms and Conditions
Acceptance of Terms and Conditions
Carefully review these Terms and Conditions. By accessing and using this Web site, you agree to follow and be bound by these Terms and Conditions. You acknowledge (i) that you have read and understood these terms and conditions, (ii) that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions, and (iii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use, or download materials from this Web site. If you do not wish to be bound by these Terms and Conditions, please exit www.sydellglasser.com now and refrain from further use. Sydell Glasser (the Artist) may revise these Terms and Conditions of use at any time, which revisions shall be binding upon you.
1. The text, images, video clips and data on Sydell Glasser’s (the “Artist”) website (the “Site”) are protected by copyright and may be covered by other restrictions as well. The Artist retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively, the “Materials”).
All text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (“Content”) contained on this Web site is owned or controlled by the Artist and is protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.
The Artist expressly prohibits the copying of any protected materials on this Site, except for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL “www.sydellglasser.com.” The Artist does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Artist. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited.
All logos and trademarks displayed on this Web site are trademarks of the Artist or are the marks, trade names, trade dress of their respective owners (“Trademarks”) and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of the Artist or the respective owners of the Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in this Web site. All right, title and interest in the Content and the Trademarks shall reside solely with the Artist or the respective owners thereof.
Requesting Permission for Use
All of the artwork displayed on this Site is registered and/or unregistered marks of the Artist. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any artwork displayed on the Site without the express written permission of the Artist. Any unauthorized use of the artwork or any other Materials or Content, except as authorized in these Terms and Conditions, is strictly prohibited.
You must request and obtain express permission from the Artist for all uses of the Trademarks, Material, or Content.
Your requests may be sent to Sydell.firstname.lastname@example.org
For information on obtaining copyright permissions of paintings, prints, sculptures, drawings and photographs by Sydell Glasser found on this website, please send a written request to Sydell.email@example.com
Links from Our Site
This Web site may provide hyper-links to one or more third party Web sites (the “Linked Sites”). The Artist is not responsible for the content or links of the Linked Sites. We do not actively monitor or control the content or links of the Linked Sites, which may continuously change. A link from our Web site to a Linked Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
Representations of User
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. By using this Web site, you hereby represent and warrant that: (i) all information contained in any submission or posting by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.
Limitations on Information Submitted
Any submission or posting of information by you through this Web site, or to the Artist or the Site, (“Your Submission”), is subject to the following guidelines and restrictions: a. It may not contain URLs or links to any other Internet web sites; b. It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); c. It may not contain trade secrets (unless you own them or have the owner’s permission to post them); d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights; e. It may not contain information that is known by you to be untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information posted by you; f. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age; g. It may not contain viruses, bots, Trojan horses or other programs or information which disrupts or interferes with the operation of the Web site; h. It may not be sent for the purpose of “flooding,” “mailbombing,” or “crashing” the Web site; i. You may not solicit money, investments or make any offering of securities or investments; j. You may not submit chain letters or pyramid schemes; k. It many not contain obscene, defamatory or indecent remarks;
The Artist’s Rights With Regard to Your Submissions and Conduct
The Artist does not guarantee any confidentiality with respect to any Content or Materials, including without limitation comments, blog entries, forum messages, audio, video or photographs that may be submitted to the Site. Any submission you make may be edited, removed, modified, altered or changed, including in a manner not agreeable to you.
We reserve the right to delete, move or edit submissions that, in our sole discretion, is deemed to be offensive, abusive, defamatory, obscene, or off-topic as well any submission that we believe may violate copyright laws, trademark laws or are otherwise unacceptable for any reason without prior notice.
The submission to the Artist or the Site of any content by you acknowledges the existence of and constitutes a grant to the Artist of a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Submissions, including without limitation for promoting and redistributing part or all of this Site (and derivation of this Site) in any media formats and through any media channels. You also hereby grant each user of this Site a non-exclusive license to access Your Submissions through this site, and to use, reproduce, distribute, display and perform Your Submissions through the functionality of this Site and under these terms and conditions.
The acceptance of Your Submission by the Artist or the Site does not constitute an endorsement of Your Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Submissions.
Monitoring of Information
The Artist and the Site do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web site by you or other users of the site. Notwithstanding, we may in our discretion review information submitted to the Web site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject or remove any information submitted to this Web site for any reason whatsoever.
Warranty and Indemnification
By using the Site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold The Artist 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 Site.
You may terminate your use of the Site at any time. We may suspend or terminate your access to the Site at any time, for any reason. If we suspect that you have violated any provision of these Terms and Conditions, we may also seek any other available legal remedy. Your rights under these terms and conditions will terminate automatically if you breach any part of these terms and conditions. You remain solely liable for all obligations related to use of the Site even after you have stopped using the Site.
The text, images, video clips and data on the Site are protected by copyright and may be covered by other restrictions as well. The Artist retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in the Materials.
Any personal information that you supply to us through our on-line resources will allow the Artist to appropriately respond to your requests and to provide a variety of services to you. Personal information includes such things as your name, address, telephone number, email address and other personal contact information. This information may be used to inform you of upcoming events and respond to requests for information.
The Artist’s Site obtains only the personal information that you knowingly and voluntarily provide (including, but not limited to sending emails, registering for events or other programs, or responding to surveys). Personal information may include, but limited to name, address, telephone number, and email address.
The Site is the sole owner of information you voluntarily submit to us. If it becomes reasonably necessary at any time, we will release the personal information that you have provided to comply with a court order, or protect the rights, property or safety of The Artist, its personnel, and you and other the users of its sites.
Unfortunately, no data transmission over the Internet is 100% secure. All information provided to us is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to the Site. While we strive to protect your information as much as possible, The Site cannot ensure or warrant the security of that information.
Information from Children
The Site is concerned about protecting children’s privacy online and does not knowingly solicit or collect personal information from children under the age of twelve (12). Children should always ask parents/ guardians for permission before providing personal information to any web site or purchasing any products or services online. We urge all supervising adults to participate in their children’s exploration of the Artist’s on-line resources and to teach them about protecting their personal information while online.
THE ARTIST PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, MATERIALS, AND COMPILATION IS AT YOUR OWN RISK. WE DISCLAIM 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 NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE WILL ASSUME 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. WE ASSUME 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.
The Artist 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 use of the Site or your downloading of any Materials or Content from the Site.
Limitation of Liability
IN NO EVENT SHALL THE ARTIST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE ARTIST HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
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 any such invalid term or condition shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from these Terms and Conditions. The failure by the Artist 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 the Artist.
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 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 of use 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. © www.sydellglasser.com. All rights reserved.