close

 

terms of use

miriam mörsel nathan

 

The following terms and conditions (“Terms of Use”) apply to your use of the website http://www.miriammorselnathan.com (“Site”) and any content, artwork or related works (“Artwork”), which are owned and operated by Miriam Mörsel Nathan (“Artist”).

 

Artist may revise and update these Terms of Use from time to time in her sole discretion, and will post any updates to the Terms of Use on the Site. BY ACCESSING OR USING THE SITE OR VIEWING ANY ARTWORK OR OTHER CONTENT ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

Access

Artist reserves the right to withdraw or amend the Site, and any content, materials or Artwork she provides on the Site, in her sole discretion, without notice. Artist will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, she may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not: (a) modify copies of any materials or Artwork from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) print, photocopy or otherwise reproduce Artwork; (d) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; (e) reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or any Artwork or other content available through the Site; (f) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form or by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.

You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation; (b) use the Site in any manner that could disable, overburden, damage, or impair the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material or Artwork on the Site; (d) use any manual process to monitor or copy any of the Artwork or other material on the Site or for any other unauthorized purpose without Artist’s prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.

Intellectual Property Rights

The Site, the Artwork, and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, and logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names, unless otherwise indicated), are owned by the Artist and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Without intending to limit any of the forgoing, you acknowledge that the Artist is the exclusive owner of the copyright in and to all Artwork.

 

You are granted non-exclusive, non-transferable permission to access and view the Site and the Artwork strictly in accordance with these Terms of Use and applicable law, for your personal, non-commercial use only. Any attempt to copy, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the Artwork or other material on the Site, in whole or in part, without the express permission of the Artist, is strictly prohibited.

Restricted Access for Media Contacts

At certain times, related to an exhibit or the release of new works, the Site may contain a password-protected page where media and press contacts may access copies of the Artwork for downloading (“Press Materials”). Press Materials may only be used for the specific purpose of writing about or promoting the Artist and her artwork and may not be used in any way that may violate these Terms. By providing access to Press Materials, Artist grants members of the press who obtain the password a limited, non-exclusive, non-transferable one-time single-use right to publish the Press Materials for the specific purpose of writing about, critiquing, promoting or otherwise referencing the Artist, Artwork or Press Materials. By accessing the restricted page, you agree that Artist has granted you a limited license and that you may not use any Press Materials outside of the limited license or in violation of any of these Terms of Use. The Press Materials will be provided in a low resolution format and may not be used commercially or for any personal purpose beyond the limited license granted in these Terms and/or any additional terms contained in a separate license for a specific purpose. In the event a member of the press would like to request a higher resolution reproduction of any of the Press Materials, please contact Artist.

Warranty Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE ARTIST MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE ARTIST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE ARTIST, HER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless the Artist and her licensors and their respective officers, governors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Artwork or Site, including, without limitation, any use of the Artwork other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or, if copyright or patent is not at issue, the courts of the State of Maryland, although Artist retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms of Use by the Artist shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Artist to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.