TERMS AND CONDITIONS OF USE - THELMA HARRIS ART GALLERY
Your Agreement with Thelma Harris Art Gallery:
Welcome to this Thelma Harris Art Gallery website. Following
are the terms and conditions that govern your use of this
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND THELMA HARRIS ART GALLERY ("THE GALLERY",
"WE" OR "OUR"). PLEASE READ THIS AGREEMENT
("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE
TO USE THIS WEBSITE OR DOWNLOAD ANY PRODUCT. BY CHECKING
THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS
AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT,
AND DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Thelma Harris Art Gallery. All
of the content featured or displayed on this website, including,
but not limited to, text, graphics, photographs images,
moving images, sound, illustrations and software ("Content"),
is owned by Thelma Harris Art Gallery, its licensors and its content
All elements of Thelma Harris Art Gallery websites, including, but not
limited to, the general design and the Content, are protected
by trade dress, copyright, moral rights, trademark and other
laws relating to intellectual property rights. Except as
explicitly permitted under this or another agreement with
Thelma Harris Art Gallery or one of its subsidiaries, no portion or element
of this website or its Content may be copied or retransmitted
via any means and this website, its Content and all related
rights shall remain the exclusive property of Thelma Harris Art Gallery
or its licensors unless otherwise expressly agreed. You
shall indemnify Thelma Harris Art Gallery, its subsidiaries, its affiliates
and licensors against any losses, expenses, costs or damages
incurred by any or all of them as a result of your breach
of the terms of this Agreement or your unauthorized use
of the Content and related rights.
"Thelma Harris Art Gallery," and its logo is
a trademark of Thelma Harris Art Gallery.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS"
AND Thelma Harris Art Gallery EXCLUDES TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Thelma Harris Art Gallery WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS
OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR
WITHOUT ERROR. YOU, NOT Thelma Harris Art Gallery, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE
TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise required
by applicable law, neither Thelma Harris Art Gallery nor its directors,
employees, licensors, content providers, affiliates or other
representatives will be liable for damages of any kind (including,
without limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability to use,
or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages.
Thelma Harris Art Gallery uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make
no representations or warranties as to the Content's accuracy,
correctness or reliability.
There may be links to other websites from the Thelma Harris Art Gallery
website; however, these other websites are not controlled
by Thelma Harris Art Gallery and we are not responsible for any content
contained on any such website or any loss suffered by you
in relation to your use of such websites. You waive any
and all claims against Thelma Harris Art Gallery regarding the inclusion
of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the
exclusion or limitation of implied warranties or liability
for certain categories of damages. Therefore, some or all
of the limitations above may not apply to you to the extent
they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed
by the laws of the State of California, USA, without reference
to its laws relating to conflicts of law and not including
the provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods. Venue for
all disputes arising under this Agreement shall lie exclusively
in the State of California in Alameda County. Users of this
website agree that any and all disputes arising from the
use of this website, or the ordering of materials from this
website, shall be settled by binding arbitration. Notwithstanding
the foregoing, however, Thelma Harris Art Gallery shall
have the right to commence and prosecute any legal or equitable
action or proceeding before any non-US court of competent
jurisdiction to obtain injunctive or other relief in the
event that, in the opinion of Thelma Harris Art Gallery,
such action is necessary or desirable.
No Waiver, Severability
No action of Thelma Harris Art Gallery, other than an express written
waiver or amendment, may be construed as a waiver or amendment
of any of these Terms and Conditions of Use. Should any
clause of these Terms and Conditions of Use be found unenforceable,
wherever possible this will not affect any other clause
and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions
of Use, prices, information and available contractual license
terms featured on this website without notice. These conditions
set out the entire agreement between Thelma Harris Art Gallery and you
relating to your use of this website.
© 2000-2002 Thelma Harris Art Gallery, Inc. All rights reserved.
Terms and Conditions of Use.
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