Terms and Conditions

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The Artist, William Barnhart/William Barnhart Studio rights are protected by the Federal Copyright Act of 1976and the Federal Visual Rights Act of 1990. Purchase of a copyright artwork does not transfer the copyright. The copyright to produce the works in copies, to produce derivative work based on the copywrited image, and distribute copies is retained by the Artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.

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Works of art cannot be modified without the permission of the artist. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of the Artist.

Copyright notice

1.1 Copyright © William Barnhart/William Barnhart Studio

1.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.  This includes but is not limited to works posted social media accounts e.g. Facebook, Twitter, Instagram and all other forms of media under the Ken Orton Gallery Brand.

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Copyright license

2.1 You may:

(a) view pages from our website in a web browser;

(b) You may download pages from our website for caching in a web browser;

(c) print pages from our website; and

(d) stream audio and video files from our website

subject to the other provisions of this notice.

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2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

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2.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

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2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

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2.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

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Acceptable use

3.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

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Report abuse

4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

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4.2 You can let us know [by email].

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Enforcement of copyright

5.1 We take the protection of our copyright very seriously.

5.2 If we discover that you have used our copyright materials in contravention of the license set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

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Permissions

6.1 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to William Barnhart’s use of cookies in accordance with the terms of William Barnhart Studio‘s privacy policy.

Unless otherwise stated, William Barnhart, William Barnhart Studio and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

YOUU MUST NOT:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable Use:

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without William Barnhart's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without William Barnhart Studio’s express written consent.

Access to certain areas of this website may be restricted.William Barnhart Studio reserves the right to restrict access to areas of this website, or indeed this entire website, at William Barnhart Studio's discretion.

If William Barnhart provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

William Barnhart may disable your user ID and password in this website at his sole discretion without notice or explanation.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to William Barnhart a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to William Barnhart the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you William Barnhart, William Barnhart Studio, or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

William Barnhart reserves the right to edit or remove any material submitted to this website, or stored on William Barnhart Studios’s servers, or hosted or published upon this website.

Notwithstanding William Barnhart’s rights under these terms and conditions in relation to user content, William Barnhart/William Barnhart Studio does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

This website is provided “as is” without any representations or warranties, express or implied.  William Barnhart/William Barnhart Studio makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, William Barnhart nor William Barnhart Studio does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical, art, investing, or marketing matter you should consult an appropriate professional.

William Barnhart, or William Barnhart Studio will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if William Barnhart or William Barnhart Studio has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit William Barnhart, or William Barnhart Studio’s liability in respect of any:

• death or personal injury caused by William Barnhart’s negligence;
• fraud or fraudulent misrepresentation on the part of William Barnhart or
• matter which it would be illegal or unlawful for William Barnhart to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

You accept that, as a limited liability entity, William Barnhart has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against William Barnhart, William Barnhart Studio’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect William Barnhart Studio’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as William Barnhart.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

You hereby indemnify William Barnhart and undertake to keep William Barnhart and William Barnhart Studio indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by William Barnhart to a third party in settlement of a claim or dispute on the advice ofWilliam Barnhart’s legal advisers) incurred or suffered by William Barnhart arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Without prejudice to William Barnhart’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Robert The Artist may take such action as William Barnhart deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing severe and immediate court proceedings against you.

William Barnhart may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

William Barnhart may transfer, sub-contract or otherwise deal withWilliam Barnhart’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and William Barnhart and William Barnhart Studio in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These terms and conditions will be governed by and construed in accordance with governing law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Arizona, USA.

The full name is William Barnhart.

You can contact William Barnhart by email to theartmkr@aol.com

This document was created using a Contractology template available at http://www.contractology.com.