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Last updated: October 5, 2009
Thank you for visiting Bekris Gallery (together with its affiliates, successors and assigns, "Bekris" or "we/us") online at www.bekrisgallery.com (the "Site"). Please read the following terms and conditions under which you may use the Site ("Terms"). By visiting or using the Site, you indicate that you accept and agree to the Terms, including our Privacy Policy. If you do not agree to the Terms, please do not visit or use this Site.
Bekris reserves the right to deny, in its sole discretion, any user access to the Site without notice for any or no reason (including, without limitation, for violation of these Terms of Use or our Privacy Policy located at www.bekrisgallery.com/privacypolicy.html).
All content on the Site, including communications, text, sounds, graphics, images and other material and information received or made available from the Site ("Materials") is owned by Bekris and/or its licensors, and is protected by U.S. and international intellectual property laws. You acknowledge that the Site may display or provide access to Material that is protected by copyrights, trademarks and other proprietary rights owned by Bekris and/or its licensors (collectively, the "Rights"). The Rights are valid and protected in all media existing now or later developed and except as is explicitly provided otherwise, your access to and use of the Materials shall be governed by the copyright laws of the United States and other applicable laws. The Materials may not be downloaded, copied, distributed, modified, republished, used, uploaded, reposted, transmitted, displayed, adapted, transferred, commercially exploited, plagiarized or otherwise used outside the scope of normal web browsing, without the prior written consent of Bekris and/or its licensors. Bekris and/or its licensors retain all right, title, and interest in and to Materials, including all copies. Any use of Materials other than as expressly stated herein is prohibited and may violate the intellectual property rights of Bekris and/or its licensors.
Bekris and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Material posted on the Site, and derivative works thereof. You do not acquire any ownership rights by downloading or otherwise accessing such Material. Except as expressly provided in these Terms, the availability of the Site does not give you any license to these trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved by Bekris (or its licensors). WE MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Bekris respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the Site constitutes copyright infringement, please send a notice to Bekris at: Attn: Bekris Gallery, 49 Geary Street, Second Floor, San Francisco, California 94108. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.
You acknowledge that information may be collected by Bekris as you use the Site. You further acknowledge that Bekris may use and publish this information to improve the Site, enforce all agreements related to such, and for the purpose of responding as required by law enforcement, court order or legal proceeding, and to do so with or without notice to you. Bekris may record or log all communications sent or received through the Site, and you consent to such monitoring. For additional details, see our Privacy Policy located at www.bekrisgallery.com/privacypolicy.html.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE INTERNET IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." BEKRIS DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SITE. BEKRIS RESERVES THE RIGHT TO MAKE CHANGES OR CORRECTIONS TO THE SITE AND THE MATERIALS FROM TIME TO TIME WITHOUT NOTICE OR OBLIGATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEKRIS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ANY MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. The aggregate liability of BEKRIS to you for all claims arising from the use of the Materials is limited to $100.
The Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the federal, state or local courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
In the event that you breach these Terms of Use, you hereby agree that Bekris is entitled, without bond or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Bekris and its agents may otherwise have available to them under applicable laws.
You agree to defend, indemnify, and hold harmless Bekris and its affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including, without limitation, reasonable attorney’s fees, that arise from your use or misuse of the Site or Materials, or from your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.
The Site may contain links to other websites on the Internet. The linked sites are not under the control of Bekris and may collect data or solicit personal information from you. Bekris is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Bekris is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bekris of such linked sites. Bekris makes no representation or warrant with regard to third-party sites, including, without limitation, any products, services, software or content provided on such sites.
The Site is not designed for or directed to individuals under the age of 18. Except as may be required by law, we will not knowingly collect, maintain, or disclose any personal information from children under the age of 18.
Our Privacy Policy, located at www.bekrisgallery.com/privacypolicy.html governs your use of the Site and our collection, use, and disclosure of your personal information. You hereby consent that Bekris may use your personally identifiable information in accordance with the terms of the Privacy Policy.
The Site is subject to these Terms of Use. Bekris reserves the right to modify and update these Terms of Use at any time provided that Bekris gives notice ("Notice") to you of any changes via either e-mail or by posting a notice to the Terms of Use that the Terms of Use on the Site have been modified and/or amended. Such modifications and updates shall be effective upon your first use of the Site after Bekris have given Notice. If at any point you do not agree to these Terms of Use or any changes or updates to the Terms of Use, your only remedy is not to use the Site. Your continued use of the Site after Notice has been given that a change or update has been made to the Terms of Use will constitute your acceptance of such change or update.
If any provision of these Terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. These Terms constitute the entire agreement between you and Bekris with respect to the use of the Site. Any notices sent to Bekris should be directed to:
Bekris Gallery
49 Geary Street
Second Floor
San Francisco, California 94108.