- You must be at least 18 years of age to use the Platform or have permission from a parent or legal guardian.
- You must comply with all of the terms and conditions of this TOS, and all applicable laws, rules, and regulations when using the Platform.
- You may not cause harm to the Platform or the Classic NY Prints Gallery Service. Prohibited activities include, but are not limited to:
- You may not interfere with Classic NY Prints Gallery’s Service by using viruses or any other programs or technology meant to damage or disrupt any software, hardware or telecommunications equipment.
- You may not modify, reverse engineer, decompile or disassemble any technology used to provide the Classic NY Prints Gallery Service.
- Aside from normal activities pertaining to Internet search engines, you may not use a robot, spider or other device to monitor the activity on or copy pages from the Platform.
- You may not impersonate another person or entity and/or misrepresent your affiliation with a person or entity.
- You may not engage in any activity that would interfere with another user’s ability to use the Classic NY Prints Gallery Service.
- You may not access, tamper with, or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Classic NY Prints Gallery will not be liable for any loss or damage arising from your failure to comply with the TOS.
If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Jay Richardson
Full Address of Designated Agent to Which Notification Should be Sent: 5300 Meadows Rd, Suite 200 | Lake Oswego, OR 97035
Telephone Number of Designated Agent: 503-620-8900 Facsimile Number of Designated Agent: 503-620-4878
We may give notice of a claim of copyright infringement to you by means of electronic mail to a user's e- mail address in our records, or by written communication sent by first-class mail to your address in our records.
Copyrighted material including, but not limited to, photograph(s) uploaded to the Platform remain the property of the copyright holder at all times. Platform users may not transmit copyrighted material (e.g. purchased photographs) without express permission from the copyright holder.
Classic NY Prints Gallery reserves the right to modify and/or make alterations to the Service and Platform at any time and without liability to you or any third party. Classic NY Prints Gallery has complete control over the features, functions, prices, and other terms and conditions.
When you submit a comment or query (“Submissions”), you grant Classic NY Prints Gallery the right to use such Submissions for promotional purposes.
You represent and warrant to Classic NY Prints Gallery that:
- You have read, understood and have the full power and authority to enter into and perform under this TOS.
- This TOS is a legal, valid, and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
- You will not infringe the copyright, trademark, patent, trade secret, right of privacy, or any legal right of any third party.
- You will comply with all applicable laws, rules, and regulations.
You must indemnify and hold Classic NY Prints Gallery and Classic NY Prints Gallery’s officers, directors, employees, advisors, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on:
- Your use of the Platform
- Your connection to the Platform
- Your violation of this TOS
- Your violation of any rights of a third party
The foregoing indemnification also extends to any third-party that we use to fulfill our obligations to you under the Platform (“Third-Party Provider”).
CLASSIC NY PRINTS GALLERY PROVIDES THE PLATFORM AND CLASSIC NY PRINTS GALLERY SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLASSIC NY PRINTS GALLERY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CLASSIC NY PRINTS GALLERY SERVICE OR ITS USE:
- WILL BE UNINTERRUPTED
- WILL BE FREE OF INACCURACIES OR ERRORS
- WILL MEET YOUR REQUIREMENTS
- WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE
CLASSIC NY PRINTS GALLERY MAKES NO WARRANTIES OTHER THAN THOSE MADE IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
CLASSIC NY PRINTS GALLERY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CLASSIC NY PRINTS GALLERY SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF:
- THE AMOUNT PAID BY CLASSIC NY PRINTS GALLERY TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR
THE FOREGOING LIMITATIONS APPLY TO A THIRD-PARTY PROVIDER.
You agree that Classic NY Prints Gallery, in its sole discretion, may terminate your account or use of the Platform at any time and for any reason. You agree that any termination of your access to the Platform under any provisions of these TOS may be effected without prior notice, and acknowledge and agree that Classic NY Prints Gallery may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files on the Platform. You also agree that Classic NY Prints Gallery will not be liable to you or any third-party for any termination of your access to the Platform. If you object to any terms or conditions or become dissatisfied with the Platform in any way, your only recourse is to discontinue your use of the Platform and/or terminate your account.
Any dispute or claim relating in any way to your use of the Platform, the Content, Products of Service and/or this website, will be resolved by binding arbitration, rather than in court.
The rules and procedures of the American Arbitration Association in effect when any arbitration occurs shall govern the procedures of any arbitration between the parties. Any arbitration shall take place in Portland, Oregon. A single neutral arbitrator shall conduct the arbitration hearing and decide the issue(s) submitted to arbitration. The parties shall request the names of five arbitrators experienced with websites, framing and intellectual property, as applicable, from the American Arbitration Association’s Portland, Oregon office. The parties shall alternately strike names from the panel until one arbitrator remains, who shall then act as the single neutral arbitrator.
The parties may conduct discovery in accordance with the Oregon Rules of Civil Procedure, including but not limited to interrogatories, depositions and production of documents, but discovery procedures will be controlled and may be limited or curtailed by the arbitrator in his/her discretion.
The parties hereby grant the following authority and jurisdiction to the single neutral arbitrator. The arbitrator shall determine the lawfulness under federal, state, and local law, whether statutory or common law, or both, of acts or omissions, or both, that produced the complaint, controversy, or dispute subject to arbitration. In addition, the arbitrator shall decide the appropriateness of the parties’ acts or omissions that comprise the complaint, controversy, or dispute submitted to arbitration, given the rights and duties under this Agreement. Further, the arbitrator may interpret and determine the rights of the parties under the Agreement and any other agreement to which they are both parties.
The single neutral arbitrator may fashion either equitable or legal relief, or both, as limited by this provision. The arbitrator may award full reimbursement to the prevailing party for its out-of-pocket expenses or losses, including, without limitation, reasonable attorneys’ fees. In addition, the losing party as determined by the arbitrator shall bear the costs the arbitrator. However, the arbitrator shall lack any authority to grant exemplary or punitive damages, or liquidated damages. Finally, the arbitrator may assess interest on any award at no greater than the prevailing prime rate during the relevant period as reported in the Wall Street Journal, plus two percent (2%).
The arbitrator’s decision shall bind the parties as a final decision enforceable in a court of competent jurisdiction. The prevailing party may confirm the arbitrator’s award in a court of competent jurisdiction. If either party refuses to satisfy an arbitration award, then the other party shall have the right to receive reimbursement for all of its costs incurred to confirm that award, including reasonable attorneys’ fees.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.