Terms & Cond.

Terms and Condition for Tommaso D’Apice photography website

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website you warrant and represent that you are at least [18] years of age.

License to use website

Unless otherwise stated, Tommaso D’Apice and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sublicense material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose. You may display, download or print portions of the material from different areas of the website solely for your own non-commercial use, or to place an order with Tommaso D’Apice Art Gallery store. Any other use included but not limited to reproduction, distribution, display or transmission of the content of this website is strictly prohibited unless authorized by Tommaso D’Apice;
edit or otherwise modify any material on the website, or redistribute material from this website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Tommaso D’Apice’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Tommaso D’Apice’s express written consent.

Use of Site

Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Tommaso D’Apice or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audiovisual material) that you submit to this website, for whatever purpose. You grant to Tommaso D’Apice a worldwide, irrevocable, nonexclusive, royaltyfree license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Tommaso D’Apice the right to sublicense these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Tommaso D’Apice or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. Tommaso D’Apice reserves the right to edit or remove any material submitted to this website, or stored on Tommaso D’Apice servers, or hosted or published upon this website.

Participation Disclaimer

Tommaso D’Apice does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tommaso D’Apice is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tommaso D’Apice reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Tommaso D’Apice at its sole discretion.

No warranties

This website, the materials, and the products on this website are provided “as is” without any representations or warranties of any kind, express or implied. Tommaso D’Apice makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Tommaso D’Apice does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, error-free or nonmisleading; or
defects will be corrected;
this website or the server that makes the site available are free of viruses or other harmful components;

Tommaso D’Apice does not make any warranties or representations regarding the use of the materials in this site in terms of correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Tommaso D’Apice will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Tommaso D’Apice has been expressly advised of the potential loss.

Typographical Errors

In the event that Tommaso D’Apice’s Gallery product is mistakenly listed at an incorrect price, Tommaso D’Apice reserves the right to refuse or cancel any order placed for products listed at the incorrect price. Tommaso D’Apice reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card (or any electronic payment) charged. If your credit card has already been charged for the purchase and your order is canceled, Tommaso D’Apice shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tommaso D’Apice without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Tommaso D’Apice’s liability in respect of any:

death or personal injury caused by Tommaso D’Apice’s negligence;
fraud or fraudulent misrepresentation on the part of The Tommaso D’Apice; or matter which it would be illegal or unlawful for Tommaso D’Apice to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Tommaso D’Apice and undertake to keep Tommaso D’Apice indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Tommaso D’Apice to a third party in settlement of a claim or dispute on the advice of Tommaso D’Apice legal advisers) incurred or suffered by Tommaso D’Apice arising out of any breach by you of any provision of these terms and conditions, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Tommaso D’Apice may link to sites operated by third parties. However, even if the third-party is affiliated with Tommaso D’Apice, Tommaso D’Apice has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tommaso D’Apice. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tommaso D’Apice seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

Breaches of these terms and conditions

Without prejudice to Tommaso D’Apice’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Tommaso D’Apice may take such action as Tommaso D’Apice deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Tommaso D’Apice may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Tommaso D’Apice may transfer, subcontract, or otherwise deal with Tommaso D’Apice’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, subcontract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Sever ability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Tommaso D’Apice in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the [non]exclusive jurisdiction of the courts of London.

If you have any questions please use the contact page provided, where you will find all information you may need.

T h i s d o c u m e n t w a s c r e a t e d u s i n g a C o n t r a c t o l o g y t e m p l a t e a v a i l a b l e a t ht t p: / / w w w . f r e e n e t l a w . c o m.

Return to Legal