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Customer Experience Terms and Conditions

Customer Photo and Video Sharing Terms of Conditions

 

These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by NELSON FINE ART & GIFTS (the "CPVS Service"). To the extent there is any conflict between NELSON FINE ART & GIFT’ Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CPVS Service.

 

By submitting any content to NELSON FINE ART & GIFTS, you represent and warrant that:

 

  • you are the sole author and owner of the intellectual property rights thereto;
  • all "moral rights" that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 13 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

 

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:

 

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
  • that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

 

For any content that you submit, you grant NELSON FINE ART & GIFTS a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that NELSON FINE ART & GIFTS shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against NELSON FINE ART & GIFTS with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.

 

Any content that you submit to NELSON FINE ART & GIFTS may or may not be published or used by NELSON FINE ART & GIFTS. NELSON FINE ART & GIFTS reserves the right to edit, condense or delete any submitted content that is ultimately posted on NELSON FINE ART & GIFTS' website if NELSON FINE ART & GIFTS deems, in its sole discretion, that such content violates these Terms of Use. NELSON FINE ART & GIFTS does not guarantee that you will have any recourse through NELSON FINE ART & GIFTS to edit or delete any content you have submitted. NELSON FINE ART & GIFTS may also need to provide disclosures with respect to any content submitted and published by NELSON FINE ART & GIFTS. NELSON FINE ART & GIFTS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not NELSON FINE ART & GIFTS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of NELSON FINE ART & GIFTS, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

 

By submitting a photo or video, you agree that NELSON FINE ART & GIFTS may contact you about your photo or video and for other administrative purposes. NELSON FINE ART & GIFTS may share your comments [along with identifying information] to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by NELSON FINE ART & GIFTS provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to NELSON FINE ART & GIFTS.

 

NELSON FINE ART & GIFTS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND NELSON FINE ART & GIFTS DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS. Under no circumstances shall NELSON FINE ART & GIFTS and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if NELSON FINE ART & GIFTS has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

 

You agree to indemnify and hold NELSON FINE ART & GIFTS (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

 

These Terms of Use and their enforcement shall be governed by the laws of the state of Ohio, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Ohio and further agree that any cause of action arising under these Terms of Use may be brought in a court in Steubenville, Jefferson County, Ohio, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.