EDWARDSTEICHEN.COM
TERMS AND CONDITIONS OF USE
Last Updated: December 20, 2019
YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
EdwardSteichen.com, including all of its features and content and related websites that we own and control (“Website”), is a service made available by the Estate of Edward Steichen (the “Estate”) and all content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website (“Content”) may be used solely under the following terms and conditions of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (“Terms of Use”), which constitutes a legally binding agreement between the Estate and each visitor or user of the Website (each, a “User”, “you” or “your”) relating to the use of the Website and the services provided therein, including the Content.
By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. The Estate may change or amend these Terms of Use at any time at its sole discretion. If the Estate makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
Website License
We hereby grant you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicenseable right and license to access and make personal use of the Website and Content solely permitted by the services, functionalities, and/or features of the Website, or as expressly permitted by us in connection with your use of the Website and as provided herein, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Website or Content, (ii) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website or Content, or (iii) any trademarks, service marks, logos, designs, and insignia of the Estate or any third-party companies, products, and services used or displayed on the Website or in collateral materials thereto (collectively, “Trademarks,” and together with the items set forth in items (i) and (ii) above, the “Website Content”), which Website Content is and shall remain the sole and exclusive property of the Estate or the applicable third-party licensor from whom the Estate obtained the right to use such Website Content. You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of the Estate or the applicable third-party licensor/owner thereof, and nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.
As between you and the Estate, the Estate retains all right, title, and interest in and to the Website, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title or interest in and to such Website IP other than the express license granted therein pursuant to these Terms of Use. Website IP is protected in all forms, media, and technologies now known or hereinafter developed by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
Violation of this License may result in infringement of intellectual property and contractual rights of the Estate, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Third-Party Content and Products
The Website includes embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by the Estate (collectively, “Third-Party Content”). Third-Party Content is provided as an information service, for reference and convenience only. The Estate does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services. Additionally, the Website may enable you to purchase certain goods and services from third parties (“Third-Party Products”), in which case Third-Party Terms (as defined below), and not these Terms of Use, will apply to your use of that third-party merchant’s website and purchase of such Third-Party Products.
Inclusion of any Third-Party Content or Third-Party Products on the Website does not constitute or indicate the Estate’s endorsement thereof and the Estate shall not be liable or responsible for any Third-Party Content transmitted through the Website or Third-Party Products displayed on the Website. You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that the Estate will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use and/or access of, or interaction with of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, the Estate encourages you to be aware when you leave the Website and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.
By using the Website, you expressly relieve and hold the Estate harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Limitations on Website Use
The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of the Estate.
With limiting the foregoing, while using the Website, you may not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of the Estate, Edward Steichen, or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of the Estate or any other User outside of the Website;
Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law;
Use or otherwise export or re-export the Website or any portion thereof, or the Website Content in violation of the export control laws and regulations of the U.S.;
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner;
Hack or interfere with the Website, its servers, or any connected networks;
Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use;
Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by the Estate or any third-party licensor/owner thereof;
Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Estate’s confidential or trade secret information for public disclosure or other purposes;
Use, transfer, distribute, or dispose of Website or Website Content in any manner that could compete with the business of the Estate;
Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website; or
Cause or induce any third party to engage in the restricted activities above.
The License granted to you terminates automatically upon any unauthorized use of the Website or its Content and the Estate will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.
Unlawful Activity; Termination of Website Access
We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, IP addresses, and traffic information.
We further reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if we believe in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We may also terminate your access to the Website if you file any claim against the Estate or file any claim that involves the Website. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by the Estate. In the event your right to use the Website terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.
You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.
Advertisers on Website
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. The Estate will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Special Promotions
The Estate may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of the Estate, and can be activated, modified, or removed at any time by the Estate without advance notification and the liability of any of the Estate’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.
Third-Party Communications
By providing us with your email address and using the Website, you hereby affirmatively consent to the use of your email address for notifications from us regarding important service announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising communications from us and from our third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.
The Estate disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Estate assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold the Estate harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Representations and Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF SERVICE, AND THAT YOU WILL SO ABIDE.
You represent and warrant that all information that you submit to the Estate is true, accurate, current, and complete and, when used for the purposes in which it is submitted onto the Website, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all other information that you provide to the Estate and that the Estate reserves the right to reject information that the Estate determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.
Disclaimers
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ESTATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. THE ESTATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND THE ESTATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE ESTATE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER THE ESTATE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER THE ESTATE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE ESTATE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE ESTATE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE ESTATE AND ITS HEIRS, ADMINISTRATORS, EXECUTORS, TRUSTEES, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS, AND ANY PERSON OR ANY CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, GOVERNMENTAL AUTHORITY, TRUST, ESTATE, ASSOCIATION, UNINCORPORATED ASSOCIATION, CUSTODIAN, NOMINEE, OR ANY OTHER INDIVIDUAL ENTITY OR ORGANIZATION IN ITS OWN OR ANY REPRESENTATIVE CAPACITY ACTING BY, THROUGH OR UNDER ANY OF THEM, TOGETHER WITH THE ESTATE’S AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD-PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES AND THEIR RESPECTIVE OFFICER, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE ESTATE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL THE ESTATE AND ITS HEIRS, ADMINISTRATORS, EXECUTORS, TRUSTEES, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS, AND ANY PERSON OR ANY CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, GOVERNMENTAL AUTHORITY, TRUST, ESTATE, ASSOCIATION, UNINCORPORATED ASSOCIATION, CUSTODIAN, NOMINEE, OR ANY OTHER INDIVIDUAL ENTITY OR ORGANIZATION IN ITS OWN OR ANY REPRESENTATIVE CAPACITY ACTING BY, THROUGH OR UNDER ANY OF THEM, TOGETHER WITH THE ESTATE’S AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD-PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES AND THEIR RESPECTIVE OFFICER, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE ESTATE AND ITS HEIRS, ADMINISTRATORS, EXECUTORS, TRUSTEES, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS, AND ANY PERSON OR ANY CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, GOVERNMENTAL AUTHORITY, TRUST, ESTATE, ASSOCIATION, UNINCORPORATED ASSOCIATION, CUSTODIAN, NOMINEE, OR ANY OTHER INDIVIDUAL ENTITY OR ORGANIZATION IN ITS OWN OR ANY REPRESENTATIVE CAPACITY ACTING BY, THROUGH OR UNDER ANY OF THEM, TOGETHER WITH THE ESTATE’S AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD-PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES AND THEIR RESPECTIVE OFFICER, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND THE ESTATE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE ESTATE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE ESTATE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE ESTATE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE ESTATE, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Indemnification
You hereby agree to indemnify, defend and hold harmless, the Estate and its heirs, administrators, executors, trustees, predecessors, successors, and permitted assigns, and any person or any corporation, limited liability company, partnership, governmental authority, trust, estate, association, unincorporated association, custodian, nominee, or any other individual entity or organization in its own or any representative capacity acting by, through or under any of them, together with the Estate’s affiliates, content partners, vendors, third-party licensors, distributors, advertisers, and other contracting parties and their respective officer, directors, managers, members, employees, consultants, agents, successors, and assigns from and against any and all losses, liabilities, damages, costs, or expenses (including attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party rights, including, but not limited to, any intellectual property rights. The Estate shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon the Estate’s request. The Estate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Estate.
Website Access Requirements; Errors and Corrections; Updates and Maintenance
Access to and use of the Website requires a compatible mobile device/web browser and Internet connection. Although we are working to ensure that the Website is compatible across various devices, we cannot guarantee that the Website will work with all devices.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and the Estate accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).
The Estate does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. The Estate does not warrant or represent that the Website Content will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of the Estate’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. The Estate is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; the Estate cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.
The Estate may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). The Estate shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, the Estate is under no obligation to undergo an Update of the Website to the extent any Website Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
Privacy
Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
Governing Law and Jurisdiction; Disputes
The Terms of Use are governed by and construed in accordance with the internal law of the State of New Jersey without reference to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Use shall be filed only in the state courts in Mercer County, New Jersey or the United States District Court for the District of New Jersey, and you hereby consent and submit to the exclusive personal jurisdiction of, and waive all venue and inconvenient forum objections to, such courts for the purpose of litigating any such action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignments
The Estate may assign, sub-contract, and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.
Waiver and Severability of Terms; Entire Agreement
Failure by the Estate to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website and Website Content.
Contact
Questions or comments about the Website or our services or these Terms of Use should be sent by email to info@edwardsteichen.com.