TERMS AND CONDITIONS THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PETRA TRIMMEL. By using this web site ("Site") and/or downloading any content, you agree to be bound by and comply with this Site Usage Agreement ("Agreement"). If you do not wish to be bound by this Agreement, do not use this Site. This agreement contains important information regarding your legal rights, remedies and obligations, including various limitations of liability and exclusions, your indemnification obligation and a dispute resolution clause that governs how disputes will be resolved. This Agreement applies to you, and if you are using this Site on your employer's behalf, to you and your employer. Petra Trimmel reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. This Agreement is in addition to your obligations under an applicable Art License Agreement (if any). In the event of any conflict between this Agreement and the Art License Agreement, the Art License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact us by email at firstname.lastname@example.org
PERMITTED USE OF THIS SITE This Site is owned and operated by Petra Trimmel. All images and related informational materials in any medium furnished by Petra Trimmel hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Petra Trimmel or our contributors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Petra Trimmel Art License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Petra Trimmel and/or the applicable contributor. For the protection of Petra Trimmel and its image sources and other licensors, content may be visibly, invisibly, or electronically watermarked and may include the use of digital rights management system technology within content. Such technology may permit online crawling or tracking of content obtained from Petra Trimmel and/or other methods of protecting, monitoring, or tracking the unauthorized use of the content ("rights management systems (RMS))". If you do not consent to Petra Trimmel’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Petra Trimmel in writing, you may not:
Deep link or employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Site and/or retrieve or copy Content or related information;
Violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
Copy, redirect, or exploit the Site or any Content;
Probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of Petra Trimmel’s customers; or
Use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.
Your use of this Site and any Content shall comply with all applicable law. Petra Trimmel reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Petra Trimmel. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Petra Trimmel to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.
CHILDREN Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not submit any personal information to us. By using this Site unsupervised you warrant that you are 18 years of age or older.
LOGOS AND TRADEMARKS You may not use the trademarks or service marks of Petra Trimmel without Petra Trimmel’s prior written consent.
INDEMNIFICATION You agree to indemnify and hold harmless Petra Trimmel and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content, and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
DISCLAIMERS AND LIMITATION OF LIABILITY PETRA TRIMMEL PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK. PETRA TRIMMEL MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, PETRA TRIMMEL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIM ITED, NEITHER PETRA TRIMMEL NOR ANY SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EM PLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIM ING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAM AGES ARISING OUT OF, OR RELATING TO, THIS AGREEM ENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEM ENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. PETRA TRIMMEL, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF PETRA TRIMMEL, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF PETRA TRIMMEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY. ALTHOUGH PETRA TRIMMEL TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND PETRA TRIMMEL MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. PETRA TRIMMEL ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO PETRA TRIMMEL, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND PETRA TRIMMEL. PETRA TRIMMEL, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO PETRA TRIMMEL IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED.
THIRD PARTY LINKS As a convenience, our Site may link to other sites that may be of interest to you but are not under Petra Trimmel’s control. These links do not imply endorsement by Petra Trimmel and we are not responsible for the availability of or the content contained in any linked site.
NOTIFICATION OF COPYRIGHT INFRINGEMENT Petra Trimmel may terminate business relationships with users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Petra Trimmel a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit Petra Trimmel to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
CHOICE OF LAW / JURISDICTION / LEGAL FEES Any dispute regarding this Agreement shall be governed by the laws of the United Satates. The parties agree to accept the exclusive jurisdiction of the legal courts located in the United States regardless of conflicts of laws. In any dispute between Petra Trimmel and you, Petra Trimmel shall be entitled to recover its reasonable legal fees and other legal expenses from you.
MISCELLANEOUS You acknowledge that you have read this Agreement, understand it, and agree to be bound by all its terms and conditions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Petra Trimmel, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Petra Trimmel. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Petra Trimmel's prior written consent.