WEB SITE AGREEMENT & DISCLAIMER

 
ARTIST STATEMENT GALLERY WRITTEN WORKS EXHIBITS PRESS ROOM CONTACT US

 

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. LIVED ART MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

THE CONTENT OF THIS WEB SITE IS THE SOLE PROPERTY OF LIVED ART AND MAY NOT BE REPRODUCED WITHOUT THE WRITTEN CONSENT OF THE ARTIST.

WEB SITE AGREEMENT

The LIVED ART Web Site (the “Site”) is an online information service provided by LIVED ART  (“LIVED ART ”), subject to your compliance with the terms and conditions set forth below.

Credits and Copyright Notice

Credits and Copyright Notice This World Wide Web site was created by LIVED ART PRODUCTIONS for LIVED ART.

This entire site is copyright © 2006 by LIVED ART. All rights are reserved. In addition, certain parts of this site may also be copyrighted by other parties.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are LIVED ART, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to LIVED ART a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to LIVED ART by all means and in any media now known or hereafter developed. You also grant to LIVED ART the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against LIVED ART for any alleged or actual infringement or misappropriation of any proprietary right in your communications to LIVED ART.

Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of LIVED ART. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by LIVED ART, LIVED ART does not operate, control or endorse any information, products or services on the Internet in any way. Except for LIVED ART - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with LIVED ART. You also understand that LIVED ART cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. LIVED ART provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and LIVED ART shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. LIVED ART does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. LIVED ART has no control over and accepts no responsibility whatsoever for such materials.

Limitation of Liability

In no event will LIVED ART be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if LIVED ART or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, LIVED ART liability is limited to the greatest extent permitted by law.

LIVED ART makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-LIVED ART web site, please understand that it is independent from LIVED ART, and that LIVED ART has no control over the content on that web site. In addition, a link to a LIVED ART web site does not mean that LIVED ART endorses or accepts any responsibility for the content, or the use, of such web site.

Indemnification

You agree to indemnify, defend and hold harmless LIVED ART, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights

The provisions of the paragraphs above entitled, “Use of the Service” and “Indemnification” are for the benefit of LIVED ART and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term; Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of the paragraphs entitled, “Credits and Copyright Notice”, “Use of the Service”, “Indemnification”, “Third Party Rights” and “Miscellaneous” shall survive any termination of this Agreement.

Privacy Statement

LIVED ART has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices.

We may use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address may also used to gather broad demographic information and generate user statistics.

This site contains links to other sites. LIVED ART is not responsible for the privacy practices or the content of such Web sites.

Our site provides users the opportunity to opt-in and opt-out of our e-mail distribution list at any time. Should you choose to fill out our subscription form to supply us with your contact information; this information is used to send e-mail updates regarding recent tax law updates and articles of interest in the area of estate planning.

Should you sign up for our email lists, we will not share your e-mail address or other information with any third party.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between LIVED ART and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. LIVED ART's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LIVED ART may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

 
 

TOP OF PAGE