David Tunkl Fine Art
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Terms and conditions

Set out below are the terms of access and use for (www.davidtunklfineart.com) (“the Website”) and its content. David Tunkl Fine [LLC][Inc.] (“David Tunkl Fine Art”, “we” or “us”) operates the Website. David Tunkl Fine Art is based at 9615 Brighton Way, Ste 300, Los Angeles, CA 90210

 

TERMS AND CONDITIONS OF USE

These terms will apply each time you access any part of the Website or use any content available on the Website. By using and/or accessing the Website, you are indicating your agreement to be bound by these terms and any others which are stated to govern your use of the Website, such as the privacy policy and cookies policy.  If you do not accept these terms you should not access or use the Website.

From time to time we may change these terms and conditions. If you are a frequent visitor to the Website, please review them regularly. We will always state at the top of the terms the date on which the terms were last amended or updated.

YOUR USE OF THE WEBSITE

You agree to only use the Website and any content on the Website for lawful purposes and in such a way that does not prevent, restrict or otherwise prejudice the use of the Website by anyone else.

Prohibited use of the Website or any content on the Website includes:

  • distributing any type of virus, spyware, malware or other programs or files designed to cause harm, nuisance, disruption, loss and/corruption of data;
  • hacking or attempt to hack any part of the Website or any system run through the Website;
  • transmitting any material which is or may be considered to be defamatory, obscene, racist, indecent or offensive;
  • transmitting any material which harms or causes distress or may harm or cause distress;
  • transmitting unsolicited communications such as junk mail or spam;
  • creating a database that includes material downloaded or obtained from the Website without written permission from us; or
  • using the Website in any way damages or may damage our reputation or which brings or may bring us, our employees or affiliates into disrepute.

 

INTELLECTUAL PROPERTY

All copyright, trade marks, design rights, patents and other intellectual property rights contained in the Website and all content available on the Website shall remain the property of David Tunkl Fine Art or its licensors. All such rights are reserved.

The “David Tunkl Fine Art” name and logo are registered trade marks and belong to David Tunkl Fine Art [LLC][Inc]. The Website may also feature third-party owned trade marks that David Tunkl Fine Art is permitted to use. Nothing in these terms gives you any right or permission to use any of these names and/or logos.

Except as set out in these terms or as expressly permitted under copyright law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit make available to the public or otherwise use any part of the Website (including any content on the Website) for anything other than your own personal, non-commercial use.

For the avoidance of doubt, none of the images from the Website are made available for download or use whether for commercial or for non-commercial purposes.

Commercial users identifying an image they wish to reproduce on a commercial basis should contact:

David Tunkl Fine Art [LLC][Inc]
Telephone: +1 (323) 634 1919

Without prior written permission, none of the content on the Website may be republished or copied to others.

 

THIRD PARTY WEBSITES / EXTERNAL LINKS

You are welcome to link to the Website from any personal websites, blogs, or channels which are run for your own personal use and on a not for profit basis; however you must not link to the Website in such a way which would infer any form of endorsement, association or sponsorship by us. Please do not display, surround or frame any content from our Website or allow it to be displayed, surrounded, or framed by material that is not from David Tunkl Fine Art without our prior written consent.  

If you wish to link to the Website from any corporate, commercial or professional websites, please contact us for written permission prior to doing so.

 

NOTICE AND TAKEDOWN

If you have found content on our Website, for which you have not given permission (where you would normally be required to give permission), or such content contravenes privacy laws, is obscene, defamatory, or in terms of copyright law is not covered by a limitation or exception, please contact us in writing info@davidtunklfineart.com stating the following:

  • Your contact details;
  • The full details of the content and where you found it (exact and full web address);
  • If your concern involves copyright or other intellectual property rights, proof that you are the rights holder or their authorized representative; and
  • The reason for your request e.g. copyright, privacy, data protection, obscenity or defamation.
  • We will acknowledge receipt of your complaint within 10 working days of receiving your written objection. Upon receipt of a valid complaint we will remove the content from our Website while the matter is being investigated further.

 

While we make every effort to ensure the accuracy of the content on the Website, we accept no responsibility for any errors, omissions, or inaccurate content on the Website and we reserve the right to make changes to the content on the Website from time to time.

Whilst we try to make the Website available without interruption, we reserve the right to suspend or withdraw access, without notice to either the whole or part of the Website for any reason and to schedule occasional downtime for maintenance.

Every effort is made to ensure downloadable content is free from viruses, spyware or other malware; however we accept no liability for damages resulting from virus infection. We cannot guarantee that the use of the Website will be virus-free or that use of the Website will not affect other software or operating systems used to access the Website.

David Tunkl Fine Art content, including the information, names, images, logos relating to David Tunkl Fine Art, its products and services is provided “as is”. To the extent permitted by law, we exclude all representations and warranties (express or implied) including the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security, and accuracy.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence. Subject to the foregoing, we shall not be liable for any of the following losses or damages (whether they were foreseen, foreseeable, known or otherwise) loss of data, business, opportunity, goodwill or injury to reputation, profit or revenue and any special, incidental, consequential, punitive, exemplary losses, damages, or costs arising from your use of the Website or any content on the Website, or any services provided through the Website.

 

MISCELLANEOUS

f any part of these terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, the term(s) in question will be severed, but the remaining terms will survive and continue in force.

The delay or failure of David Tunkl Fine Art [LLC]{Inc] to enforce or exercise any right in these terms does not constitute a waiver of such rights.

These terms, their subject matter and formation are governed by California Law and you agree with us to submit to the exclusive jurisdiction of the California courts.

If you are using the Website from outside the USA, other laws may apply to your use of the Website. We operate the Website from within the USA. We are not subject to local laws applicable in your country and the Website may not be compliant with those local laws. You should not access or use the Website unless you are happy with this position.