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Veridian Strategies (sometimes hereinafter the "company" or "Veridian Strategies" ) grants our customers and the users of our Website a nonexclusive, nontransferable, limited right and license to access, use and display the Website and the materials published on the Website for their personal use only, provided customers and users comply fully with the terms and conditions of use. Customers and users shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not necessarily limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these terms and conditions of use or state, federal and applicable international law, rules or regulations.
COPYRIGHT POLICY
Veridian Strategies's services include the replication of existing works of art that, to the best of its knowledge, are in the public domain under the Copyright Act of 1976, as amended, or are replicated or reproduced at the request of a customer who owns the copyright or has the permission or license to reproduce the copyrighted work. Veridian Strategies does not, and cannot, control the images that customers upload to our website. Customers have the sole responsibility and sole liability for complying with all the applicable federal and state laws applicable to such images, including compliance with the copyright and trademark laws, and laws regulating the use of proprietary business property, and laws regulating the publication of obscene and pornographic material.
Veridian Strategies and other related marks or logos used on this Website are trademarks or service marks of Veridian Strategies, LLC. a Utah Limited Liabilty Company. Customers and users may not use the Veridian Strategies names, trademarks, servicemarks, logos or design trademarks without the prior written authorization of Veridian Strategies, LLC.
In addition, you may not use our trademarks, logos, or service mark's: in, as, or as part of your own trademarks or those of any third parties; to identify products or services that are not those of Veridian Strategies, Inc.; in a manner likely to cause confusion; or in a manner that implies inaccurately that Veridian Strategies, Inc. sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
PROPER NOTICE
Please use the appropriate notice for each trademark of Veridian Strategies. If you are uncertain which notice to use, please contact the Designated Copyright Agent below.
The attribution should identity each mark used and attribute it to Veridian Strategies, Inc. by name. For example: Veridian Strategies is a trademark of Veridian Strategies, LLC., a Utah Company. Copyright © 2010, Veridian Strategies, Inc., All Rights Reserved.
Veridian Strategies reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in the terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to make yourself aware of any changes. Your continued use of this Website after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
You agree that Veridian Strategies has the right, but not the obligation, to monitor all material on the Website at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Veridian Strategies may establish from time to time. Notwithstanding this right of Veridian Strategies, Veridian Strategies does not and cannot review all materials posted to the Website by users and customers, and Veridian Strategies is not responsible for any such materials posted by customers and users. Veridian Strategies reserves the right at all times to edit, disclose, refuse to post or use, request removal of or remove any material or information as may be necessary to comply with any law, rule or regulation or government or agency request or if, in Veridian Strategies's sole discretion, such materials are objectionable or in violation of law or these terms and conditions of use.
Customers and users agree to indemnity, defend and hold harmless Veridian Strategies and all its officers, directors, owners, agents, employees, attorneys, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of, or posting to, this Website. Veridian Strategies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you as user or customer and you shall not in any event settle any matter without the prior written consent of Veridian Strategies
Veridian Strategies owns, controls, licenses or has the right to use and provide this Website and all material on this Website, including, without limitation, text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright law, international treaties and conventions, and other copyright laws. Veridian Strategies is the owner of all copyrights in and to this entire Website. Veridian Strategies owns copyright in the selection, coordination, arrangement and enhancement of this Website. Users and Customers agree to abide by any and observe all copyright notices, information or restrictions displayed on this Website.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Veridian Strategies. You may download one (1) copy of the Content from this Website for your personal use, provided that you retain all copyright, attribution and other notices contained in such Content, including, without limitation, trademarks and servicemarks of Veridian Strategies and its affiliates or the copyright owner identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Veridian Strategies and its affiliates and Content owners by viewing the notices posted on this Website.
Veridian Strategies shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of this Website, including, but not limited to, Content, features, or hours of availability. Veridian Strategies may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
When an artist is alive or has been dead for less than seventy years, there is a rebuttable presumption that the ownership of the copyright, including the right to reproduce the copyrighted work, subsists in the artist and author of the copyrighted work. Among the exclusive rights of copyright ownership is the sole right to make copies of the copyrighted work, or to give permission to third parties to make copies of the copyrighted work, or works based on the copyrighted work (a "derivative work" under the Copyright Act). For example, the copyright owner of a photograph, usually the person who took the photograph, would be the only person that could make a "derivative work" based on the copyrighted photograph, such as a replication of a copyrighted photograph in an oil on canvas work of art. Other "intellectual property" property laws may also limit the reproduction of a photograph in a derivative form such as in an oil on canvas work of art. For example, someone taking a photograph of Tiger Woods could not, without Tiger Woods's permission and likely payment of a royalty, use that photograph to create an oil on canvas in a commercial setting, because to do so would violate Tiger Woods's "publicity rights," and may be an invasion of Tiger Woods's right to privacy. "Publicity rights" means the commercial exploitation of a person's likeness, image, voice or persona for commercial gain and without the permission of that individual. In some states, deceased persons still have protectible and commercially exploitable "publicity rights." The "commercial gain" aspect of this transaction would be the request by a Veridian Strategies's customer to reproduce a photograph of Tiger Woods taken by the customer. As you can see, under some circumstances, the copyright and other laws control the ability of Veridian Strategies to honor some customers' requests to use our replication services. We want to be as accommodating as possible to our customers, so please do not hesitate to contact us by email with your specific questions and concerns.
Where an artist has been deceased for more than seventy years, the work he or she created likely is in the "public domain" (where there is no copyright owner per se) and may be freely used by any person. Some works are in the public domain because the copyright owner failed to register or renew a copyright registration under prior copyright laws, lost the copyright because of a technical problem under prior law, or deliberately committed an act to indicate a desire to have the copyrighted work used freely by the public. Some works in the public domain are able to be "revived" and are therefore again copyrightable. For example, a museum is able to receive a copyright certificate for a meticulous miniature reproduction of a Rodin sculpture in its collection, because the "originality" standard for copyright ability under the Copyright Act of 1976 was met by the skill and originality it took to reduce the large sculpture to a miniature "derivative" work, so the part of the work with the added elements of originality (that is, the miniaturization itself) was accorded copyright protection. However, the miniature could not of itself be duplicated without obtaining rights from both the creator of the miniature and the creator of the original artwork. Sometimes, a customer may be limited in his or her ability to even take a photograph of a work in the public domain, such as when museums post warnings that the works of art in the museum may not be photographed. With the digital era, there are ways to reproduce works otherwise in the public domain for the purposes of reproduction or replication. Even there, there may be some problems when, for example, the reproduction of a work of art in the public domain is accomplished by digitally copying an image of the work of art from a high priced and quality art catalog, postcard or art book, which itself is copyrighted.
Veridian Strategies respects copyright law and expects our customers to do the same. The unauthorized use of copyrighted works to create a replication is an "infringement" of the copyright owner's exclusive statutory rights. As a condition to doing business with Veridian Strategies, customers agree that they will not use the Veridian Strategies service to infringe the copyright and or intellectual property rights of others in any way. It is incumbent upon customers who upload images for replication to have determined and secured all of the requisite permissions from the owners of the copyright, or written permission or a written license from the copyright owner to reproduce or replicate the work in question.
The company will close the accounts of any customers who infringe any copyrights or other intellectual property rights belonging to others. In addition, Veridian Strategies reserves the right to close the account of a customer upon any infringement of the legal rights of others while using the Veridian Strategies service, or if Veridian Strategies has reason to believe or suspect that a customer's conduct maybe harmful to the interests of Veridian Strategies in any way whatsoever. In any case, Veridian Strategies reserves the right to close a customer's account for any reason or no reason in its sole discretion.
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Veridian Strategies NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE WEBSITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. Veridian Strategies AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO Veridian Strategies's NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY MATERIALS ON THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION AND JUDGMENT IN USING AND ALLOWING MINORS OR OTHERS TO USE THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL Veridian Strategies, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Veridian Strategies, OR ITS SUBSIDIARIES AND AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THIS WEBSITE, BE IN EXCESS, IN THE AGGREGATE, OF ONE HUNDRED DOLLARS (US$100.00)
RIGHTS TO MATERIALS PROVIDED BY USERS
Veridian Strategies welcomes your comments regarding our merchandise and services, including this Website. However, any or all material and information provided by you to the Website may be included in a database owned by Veridian Strategies and its subsidiaries and affiliates in which we have rights and interest, including, but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Website to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Website, you grant to Veridian Strategies a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, servicemark or patent laws in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Veridian Strategies of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Veridian Strategies is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Veridian Strategies or this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Veridian Strategies or any Veridian Strategies affiliate or subsidiary other than pursuant to these terms and conditions of use. Veridian Strategies shall not be responsible for the payment of any moneys to any party in connection with Veridian Strategies's use of Communications submitted by you to this Website.
Veridian Strategies makes no representation that materials in the Website, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Website from other locations outside of the United States do so on their own initiative and risk, and are responsible for compliance with local laws of their own jurisdiction, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier. However, all copyright in all such merchandise is owned and retained by Veridian Strategies.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, as if the all parties hereto are domiciliaries of Illinois, and without regard to the conflict of laws provisions of Illinois or elsewhere. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Cook County in the State of Illinois and by accessing and using this site and ordering any materials, you thereby consent irrevocably to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you, the customer or user, and Veridian Strategies with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Veridian Strategies of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be used to interpret or construct these terms and conditions.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the United States Copyright Office website at http://lcweb.loc.gov/copyright/), Veridian Strategies will respond to all reported claims of copyright infringement resulting from a customer's use of the Veridian Strategies service. Reports of copyright infringement are required to be in writing and directed to Veridian Strategies's "Designated Copyright Agent" identified below. If you are a copyright owner, or authorized to act on behalf of a copyright owner, please report your notice of infringement in writing by contacting the Designated Copyright Agents:
Email: notice @ veridianstrategies.com
ACCEPTANCE AND USE OF IMAGES POLICY
The company cannot control the type or nature of images that customers either upload to the Website or forward as hardcopies to Veridian Strategies for replication. Consequently, by using this Website, you, the customer or user, hereby warrant and declare under penalty of perjury, to Veridian Strategies, Inc., that (a) you are at least 18 years of age, (b) your intended use of the materials produced using Veridian Strategies's services, will not confuse or mislead the public in any way, (c) you are the owner of the copyright to the material or have been authorized by license or permission by the owner of the copyright to have the materials to be copied, reproduced or replicated, or (A) the materials are in the Public Domain. If you have been granted a license to or ownership of copyright, a copy of the license or assignment may be requested before we accept your order. Such actions do not mean acceptance by the company of the materials or the customer order. Consequently, it its sole discretion, Veridian Strategies reserves the right to refuse to process an order for cause or without cause, in its sole discretion.
Following is a legally binding transfer of rights to Veridian Strategies. Please read carefully and indicate your acceptance by clicking "I Accept" below.
In consideration of Veridian Strategies's acceptance and processing of my submitted photo, I hereby grant Veridian Strategies and its licensees the right to copy, distribute, publish, display and otherwise use the photo or reproduction for any lawful purpose including advertising and other commercial uses in connection with Veridian Strategies's services.
I certify that I am the photographer and sole copyright owner of this photo and text, or have obtained license to, or assignment of copyright in the photo or reproduction, and have obtained the consent of all identifiable persons shown in it for these uses. I agree to reimburse Veridian Strategies and its licensees for all damages and expenses (including attorney's fees) they may incur from claims based on their use of my submitted photo or reproduction. I am at least 18 years old and have full legal authority to transfer these rights to Veridian Strategies, or I am under 18 and my parent or guardian has read and accepted these terms for me.
PRIVACY STATEMENT AND PROCEDURES
Please see our privacy statement at: www.veridianstrategies.com\privacy.htm
Copyright © 2010, Veridian Strategies, Inc. All Rights Reserved under United States and applicable international treaties and conventions. This Website and any content appearing in it may not be published, broadcast or otherwise reproduced, published or distributed in any form without the prior written permission of Veridian Strategies, LLC., a Utah Limited Liability Company. "Veridian Strategies" is a trademark of Veridian Strategies, LLC. "
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