Terms and Conditions ("Terms")
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Last updated: August 25, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the https://artwerxbymichael.ezzl.art/ website (the
"Service") operated by Artwerx by Michael Webber ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.
Ownership of the Site and its Contents
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The Site is owned by Artwerx by Michael Webber. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Artwerx by Michael Webber Content"), is owned by Artwerx by Michael Webber, its licensors, or its third-party image partners. All elements of the Site, including the Artwerx by Michael Webber Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Indemnification
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You agree to defend, indemnify and hold harmless Artwerx by Michael Webber, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of Artwerx by Michael Webber Content, or your violation of any rights of another.
Disclaimer
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THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND ARTWERX BY MICHAEL WEBBER CONTENT, ARE PROVIDED "AS IS" AND ARTWERX BY MICHAEL WEBBER AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, 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. ARTWERX BY MICHAEL WEBBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARTWERX BY MICHAEL WEBBER CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ARTWERX BY MICHAEL WEBBER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR ARTWERX BY MICHAEL WEBBER CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE ARTWERX BY MICHAEL WEBBER CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Artwerx by Michael Webber uses reasonable efforts to ensure the accuracy, correctness and reliability of Artwerx by Michael Webber Content, but we make no representations or warranties as to Artwerx by Michael Webber Content's accuracy, correctness or reliability.
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.
Limitation of Liability
IN NO EVENT SHALL ARTWERX BY MICHAEL WEBBER, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE ARTWERX BY MICHAEL WEBBER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ARTWERX BY MICHAEL WEBBER OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARTWERX BY MICHAEL WEBBER' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTWERX BY MICHAEL WEBBER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ARTWERX BY MICHAEL WEBBER FOR ACCESS TO OR USE OF THE SITE.
Links To Other Web Sites
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Our Service may contain links to third-party web sites or services that are
not owned or controlled by Artwerx by Michael Webber.
Artwerx by Michael Webber has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web sites
or services. You further acknowledge and agree that Artwerx by Michael Webber
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any
such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
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We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including without limitation
if you breach the Terms.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Service.
Contact Me
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If you have any questions about these Terms, please contact Michael at michaelwebber316@gmail.com