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Welcome to the Johnson Wildman (together with its affiliates:
Johnson Wildman Art, Johnson Wildman Art Gallery, Johnson Wildman Gallery of Contemporary Art
Cheryl Johnson Artist, JWildman, JW Designs
Website Terms and Conditions
Website Terms and Conditions
Last update: JUNE 2022
Welcome to the Johnson Wildman Gallery (together with its affiliates, the “Gallery”, “we” or “us”) website (the “Website”). The following terms of use (“Terms”) govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Website and must exit immediately. We may revise these Terms at any time, and such changes shall be effective immediately upon posting to the Website. We encourage you to check this page often to review any changes to these Terms.
The information on this Website is for informational purposes only. The Gallery is not responsible for any errors or omissions in the Website or Site Materials.
Any personal information that you provide to the Gallery on the Website is subject to our Privacy Policy, available at Johnson Wildman Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
Proprietary Rights
As between you and the Gallery, the Gallery owns or licenses all rights, title and interest in and to the Website, and all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Website (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials.
The names, titles, trademarks, service marks, and logos that appear on the Website, including without limitation “Johnson Wildman (Johnson Wildman Art) (Johnson Wildman Gallery),” are trademarks of the Gallery (the "Trademarks"). You may not use the Trademarks without our prior written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third party trademark owner.
Unauthorized Activities
You agree that any commercial or promotional distribution, publication or exploitation of the Website or any Site Material is strictly prohibited unless you have received the express prior written permission of the Gallery. You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Website or for modifying another website so as to falsely imply that it is associated with the Gallery; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has requested not to be contacted; or (e) attempting to gain unauthorized access to the Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website. We reserve the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.
User Content
In the event that the Website allows you to contribute any content, information, text, files, graphics, personal listings, messages, postings or other materials and information for access, use, and commentary by other visitors to the Website (“User Content”), you grant the Gallery a worldwide, perpetual, non-terminable, royalty-free, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense any such User Content submitted by you to the Gallery.
Disclaimer
The Website, the Site Material, User Content and materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through the Website, are made available “as is” and “with all faults.” The Gallery, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Site Material, links, advertisements or other items contained within the Website. The Gallery reserves the right to immediately remove any User Content or Site Material for any reason or for no reason. The Gallery cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion. Use of the Website is entirely at your own risk. The Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Site Material, User Content, the services, products, information and other materials on and in and made available through the Website, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability
The Gallery and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Website, the Site Material, User Content, or the services, products, information and other materials on and in and made available through the Website, regardless of legal theory, whether or not you or the Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of the Gallery and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Website, the Site Material or User Content on, in, and made available through the Website, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the Gallery and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Website, or with any of these Terms, or feel the Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.
Indemnification
You shall indemnify the Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Site Material, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to the Gallery), or any breach by you of these Terms and shall indemnify and hold the Gallery Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
Complaint Procedures
If you believe that any content or postings on this Website violates your intellectual property or other rights, please send to the Gallery at jw@johnsonwildman.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Governing Law and Jurisdiction
These Terms (together with the Privacy Policy, and Viewing Room Terms) represent the entire agreement between you and the Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Miscellaneous
The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, the Gallery makes no representation that the Website, Site Materials, User Content, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of the Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof.
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Terms and Conditions
Welcome to johnsonwildmanart!
These terms and conditions outline the rules and regulations for the use of Johnson Wildman Art Gallery of Contemporary Art's Website, located at johnsonwildmanart.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use johnsonwildmanart if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing johnsonwildmanart, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Johnson Wildman Art Gallery of Contemporary Art and/or its licensors own the intellectual property rights for all material on johnsonwildmanart. All intellectual property rights are reserved. You may access this from johnsonwildmanart for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from johnsonwildmanart
Sell, rent, or sub-license material from johnsonwildmanart
Reproduce, duplicate or copy material from johnsonwildmanart
Redistribute content from johnsonwildmanart
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Johnson Wildman Art Gallery of Contemporary Art does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Johnson Wildman Art Gallery of Contemporary Art, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Johnson Wildman Art Gallery of Contemporary Art shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Johnson Wildman Art Gallery of Contemporary Art reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Johnson Wildman Art Gallery of Contemporary Art a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law, and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Johnson Wildman Art Gallery of Contemporary Art; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Johnson Wildman Art Gallery of Contemporary Art. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Johnson Wildman Art Gallery of Contemporary Art's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
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