Site Terms Agreement
Nicholas Berger Art strives to the best of its ability to protect and honor its agreements with members and visitors of its site and has made such available in a fair en equal stand as can be read in the "Acceptance of Terms".
Acceptance of Terms
These Terms and Conditions of Service (the "terms") are a legal and binding agreement between
Nicholas Berger Art
governing your use of the site NicholasBergerArt.com (the "Site").
If you do not agree, please discontinue using the Site. Nicholas Berger Art reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on January 26, 2019.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
The Site is owned by Nicholas Berger Art . All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by Nicholas Berger Art .
Pursuant to the copyright and trademark laws of New York ~ USA, you agree:
1. That you may only download Content that Nicholas Berger Art designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Nicholas Berger Art .
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site, and to link to the Site only in accordance with our linking policy, located on the site.
5. That by posting or submitting any text or other materials to the Site you grant Nicholas Berger Art a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
1. Description of the copyrighted work that you claim has been infringed;
2. Description of where the material that you claim is infringing is located on the site;
3. Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Nicholas Berger Art in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
Nicholas Berger Art EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that Nicholas Berger Art 's sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered.
IN NO EVENT SHALL Nicholas Berger Art , ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Nicholas Berger Art reviews postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Site may provide, or third parties may provide, links to other sites or resources. Because Nicholas Berger Art has no control over such sites and resources, you acknowledge and agree that Nicholas Berger Art is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nicholas Berger Art shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Nicholas Berger Art to do so.
Conduct by any user that, at the discretion of Nicholas Berger Art , restricts or inhibits any other user from using or enjoying the Site will not be permitted. Nicholas Berger Art reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the USA - NY..
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, Nicholas Berger Art RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.
You agree to indemnify, defend, and hold harmless Nicholas Berger Art ; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms.
Nicholas Berger Art reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Nicholas Berger Art in asserting any available defenses.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in pursuant to the rules of the USA Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of Tennesse ~ USA, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party.
Copyright claims shall be brought in the Court of New York ~ USA having jurisdiction.
If Nicholas Berger Art is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Nicholas Berger Art for its respective legal fees, costs, and disbursements if Nicholas Berger Art is successful
Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.