Terms & Conditions of Website Use / Legal Notice
IMPORTANT! Please carefully read the following Terms and Conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the Michael Joy art website accessible at www.MichaelJoyArt.com, as well as and including any other websites or web pages accessible through the Michael Joy art website or other websites Michael Joy hosts or sponsors. These Terms and Conditions apply to the web site located at www.MichaelJoyArt.com (the "Web Site") which is the property of Michael Joy. By using this site, you agree to the Terms and Conditions. If you do not agree to the Terms then do not use this Web Site. Michael Joy reserves the right to modify the Terms at any time. Your subsequent use of the Web Site constitutes your acceptance of the modified Terms; you should therefore periodically visit this page to review the Terms.
All content included on the Web Site is protected by copyright laws. Software, documentation, electronic text and image files, audio and video clips, and other materials are protected by copyright laws, trademark laws, and various other intellectual property and unfair competition laws. The Michael Joy retains all rights to all works of art by Michael Joy depicted on this site, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this Web Site may also subsist in individuals and entities other than, and in addition to Michael Joy. Michael Joy expressly prohibits the copying of any protected materials on the Web Site, except as provided for herein.
The names, titles, trademarks, service marks, and logos that appear on the Michael Joy art Web Site are registered and unregistered marks of the Michael Joy. You may not use Michael Joy trademarks without the Michael Joy’s prior, written permission.
The trademarks of third parties may also appear on the Michael Joy Art Web Site 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 Michael Joy art Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of Michael Joy’s trademarks or may be construed to mean that Michael Joy has authority to grant any right or license on behalf of any third party trademark owner.
Commercial Use Restricted
Unauthorized commercial publication, exploitation or distribution in any manner of the Web Site, or any portion thereof, and/or Michael Joy's files, text, data and images, is specifically prohibited. Such uses require the advance written permission of Michael Joy. Permission for such use is provided for on a case-by-case basis at the sole discretion of Michael Joy. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from Michael Joy.
The content posted on the Web Site is made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In such cases, users are encouraged to contact Michael Joy with any questions. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL "http://www.MichaelJoyArt.com". By downloading, printing, or otherwise using text and image files from this Web Site, users warrant and represent that they will limit their use of such files to fair use, and will not violate the proprietary rights of Michael Joy or the rights of any other party.
Reservation of Rights
All rights not expressly granted by Michael Joy herein are specifically and completely reserved. Nothing on the Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Michael Joy has authority to grant any right or license on behalf of any third party.
Conditions of Use
By using the Web Site you warrant that you will not make use of the Web Site for any illegal or improper purpose. By using the Web Site, you agree to indemnify and hold harmless Michael Joy from any and all liability caused by or arising out of any use whatsoever made by you of the Web Site or its content.
Michael Joy will not be held responsible for any expense, loss, or grievance incurred by the use of the Web Site. No endorsement or recommendation of any kind is given or implied. The Web Site and all content is provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. Michael Joy does not warrant that the Web Site will be error free or uninterrupted, nor does it warrant that files or data downloaded will be free of viruses or destructive features. Michael Joy shall not be liable for any indirect, consequential, incidental, or punitive damages of any kind, even if Michael Joy has been advised of the possibility of such damages. Michael Joy is not responsible for the content of any off-site pages or other sites linked to the Web Site. Your use of links to any off-site pages or other sites is at your own risk. Michael Joy reserves the right to terminate your access to the Web Site or any portion thereof.
All matters relating to the use of the Web Site or its content will be governed by the laws of Illinois State without regard to its conflict of laws provisions. Venue and jurisdiction for any dispute relating to the Web Site shall be adjudicated exclusively in Judicial Arbitration and Mediation Services (JAMS Inc.) in Chicago, Illinois.
The failure on the part of Michael Joy to enforce any part of these Terms shall not constitute a waiver of any of Michael Joy's rights hereunder for past or future actions.