ALL IMAGES AND INFORMATION
© FRANK SPEAR
TERMS & CONDITIONS
PRIVACY POLICY

Terms of Use

Welcome to spearphotoart.com (the “Site”), a website owned and operated by Frank Spear Photographic Art LLC (“FSPA”). Your access and use of the Site are subject to the following Terms of Use (“TOU”). By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these TOU.

1. Privacy Policy: Please review our Privacy Policy at http://www.spearphotoart.com for information on how we collect, use, and disclose your personal information.

2. Proprietary Rights: FSPA owns all of the content featured or displayed on this Site, including, but not limited to, photographic images, graphics, text, data, software, and the selection and arrangement thereof (“Site Content”). All elements of the Site, including the Site Content, are protected by copyright, trademark, or other laws relating to the protection of intellectual property.

3. Use of the Site: This Site and the Site Content are intended for customers of FSPA. You may not use this Site or the Site Content for any purpose not related to your business with FSPA. Specifically, you are not permitted to: download, transmit, reproduce, copy, sell, or otherwise exploit any or all of the Site or the Site Content without prior written permission from FSPA; use any robots, spiders, data mining, or similar data extraction methods to extract or copy any Site Content; use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site. manipulate or otherwise display the Site or the Site Content by using framing or similar navigational technology; engage in any activity that interferes with the Site or another user’s ability to use the Site; modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Site; use the Site or the Site Content other than for its intended purpose; and intentionally or unintentionally violate any applicable local, state, national or international law.

4. Your Account: In consideration of your use of the Site, you agree to provide accurate, current and complete information as may be prompted by any registration forms on the Site. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to immediately notify FSPA of any unauthorized use of your account or other breach of security.

5. Trademarks: Frank Spear Photographic Art, the Frank Spear Photographic Art logo, and other FSPA’s names and logos are trademarks of FSPA. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FSPA. You agree not to copy, limit, or use the marks without prior written permission of FSPA.

6. Links to Other Sites and Third-Party Advertising: FSPA may provide links to other websites for your convenience, including websites of FSPA’s affiliates. Such sites are not under control of FSPA. You acknowledge and agree that FSPA is not responsible for the content of any linked site. You further agree that FSPA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such site.

This Site may also contain third-party advertisements. The display of such advertising does not in any way imply any endorsement or recommendation by FSPA of the advertiser, or its products or services. We cannot and will not be liable for any loss or damage as the result of the presence of third-party advertisers on the Site or arising from your dealings with such advertisers.

7. Risk of Loss: The risk of loss and title for all items purchased via this Site will pass to you upon our delivery of the item to the shipping carrier.

8. Termination: FSPA reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

9. Indemnification: You agree to defend, indemnify and hold harmless FSPA, its shareholders, directors, officers, employees, and agents against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) incurred through third-parties claims arising from or related to your violation of the TOU.

10. Warranty Disclaimer: This Site and the Site Content are provided on an “as is” and “as available” basis. FSPA and its shareholders, directors, officers, employees, and agents exclude, to the fullest extent permitted by law, any warranty, express or implied, including, not limited to, any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. FSPA does not warrant that use of the Site will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other potentially harmful components. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability: In no event shall FSPA, its shareholders, directors, officers, employees, and agents be liable for any direct, indirect, punitive, incidental, or consequential damages arising out of the use of or inability to use the Site, whether based on contract, tort, or other legal theory, and regardless of whether FSPA knew or was advised of the possibility of such damages. The aggregate liability of FSPA arising from or relating to this agreement (regardless of the cause of action, whether under contract, tort, or other legal theory) is limited to the amount you paid to FSPA in connection with the applicable event. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

12. General: The TOU will be governed by the laws of the state of Washington, without regard to its conflict of laws rules. You consent to exclusive jurisdiction and venue of the federal and state courts in King County, Washington. If any clause in the TOU is found to be unenforceable, such clause will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any waiver, modification, or amendment of the TOU must be in writing and signed or otherwise authenticated by FSPA. You may not assign this agreement to any other party, and any such attempted assignment is void. The TOU constitutes the entire agreement between you and FSPA with respect to your use of the Site and supersedes any and all prior or contemporaneous agreements; provided, however, to the extent any written agreement between you and FSPA conflicts with the TOU, such other written agreement shall control.

13. Changes to TOU: FSPA reserves the right to change any of the terms and conditions contained in the TOU or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.

14. Notice: You agree to receive electronic communications from FSPA, whether addressed to the e-mail address associated with your account or posted on the Site. You acknowledge and agree that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.