Conditions of Use

 

Website Terms and Conditions of Use

 

Please read these Terms and Conditions of Use carefully, by accessing or using our websites, you agree to be bound by the Terms and Conditions described herein and by all terms, policies, and guidelines incorporated by reference. If you do not agree to all of these terms, do not use our websites.


Agreement


Welcome to our website (“Site”), IMAGES BY DAVIDO, LLC. Images by Davido, LLC is the parent company of GALLERIES BY DAVIDO. The terms of this policy apply equally to www.imagesbydavido.com, www.imagesbydavido.net, www.galleriesbydavido.com, and www.galleriesbydavido.net domains. These terms and conditions of use (“Terms”) constitute a legal agreement between you and Images by Davido, LLC. Your use of this Site establishes a legal and binding agreement between you and Images by Davido, LLC and constitutes your acceptance of the Terms, Policies and Guidelines incorporated by reference. If you do not agree to all of these Terms, please do not use this Site in any way.
 

These terms and conditions of use apply to your use of this website and do not modify in any way the terms or conditions of any other agreement you may have with Images by Davido, LLC or its affiliates. By using this Site, you warrant that you are over 18 years of age and are lawfully able to accept these Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept the Site Terms on the entity’s behalf, and that such entity agrees to indemnify Images by Davido, LLC for any violations of these Site Terms.

Ownership of This Website


This Site is owned and operated by Images by Davido, LLC. All of the content displayed on this Site and any of its domains, including, and without limitation to, data, banners, logos, text, graphics, files, narrative, photographs, images, prints, illustrations and software (“Content”), is owned by Images by Davido, LLC, its licensors or its third–party partners.


All features and elements of Images by Davido, LLC Site, including, but not limited to, the overall design, functions, and the Content, are protected by copyright, watermarks, trademark and other laws relating to intellectual property rights. Except as specifically permitted under this or another written license or agreement with Images by Davido, LLC, no portion or segment of this Site or its Content may be copied or transmitted by any means and all related rights shall remain the exclusive property of Images by Davido, LLC, its licensors, or third-party partners. You shall indemnify Images by Davido, LLC, it its subsidiaries, its affiliates’ and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or unauthorized use of the Content or Site.
 

All components of this Site, including the Images by Davido, LLC Content, are protected by copyright, moral rights, trade dress, trademark and other laws relating to the protection of intellectual property.

Use of the Site


This Site and its Content are intended for customers and/or potential customers of Images by Davido, LLC. “Customers” are categorized into two very distinct groups, that is, the general public and business users. The “general public” is considered “individuals” from all states in the United States of America, US territories, and individuals from all foreign countries. The general public will most likely be interested in image prints or image (photo) products for their own use and personal enjoyment. Business is here by defined as, any organization or group of individuals (however large or small), assembled for gainful activity, profit, chartable, or social dealings. Business here is also meant to include: commercial, industrial, or professional enterprise or establishments. Regardless of customer type (general public or business), you may not use this Site or the Images by Davido, LLC Content for any other reason other than for its intended purpose. Also, you may not download, copy, or retransmit any or all of the Site or the Images by Davido, LLC Content without, or in violation of, a written license or agreement with Images by Davido, LLC.

Disclaimers


This Site and its Contents are provided “AS IS” and Images by Davido, LLC and its owner, officers, employees, subsidiaries, affiliates, licensors, content providers, agents, distributors, members, and representatives, will not be responsible or liable for any damages of any kind arising from the use of this Site or the unavailability of the Site, including, but without limitation to, lost business or profits, direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this Site are not warranted in any way to be uninterrupted or without error. Therefore, you not Images by Davido, LLC, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site. Accordingly, you acknowledge that your use of this Site is at your own risk.


While Images by Davido, LLC uses reasonable efforts to ensure the accuracy of all content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. In addition, Images by Davido, LLC is unable to make representations or warranties as to the functionally of this Site, whether it is free of errors, and whether the server hosting the Site is free of viruses and other harmful material.


Images by Davido, LLC provides links to other websites from this Site. Images by Davido, LLC does not control these other websites and we are not in anyway responsible for any content contained therein on those, their availability or any loss or damage incurred by you in relation to your use of such websites. You agree to waive any and all claims against Images by Davido, LLC regarding the inclusion of links to outside websites or your use of those websites. When you leave this Site, you should know that our terms and policies no longer govern.

Indemnification


You agree to defend, indemnify and hold harmless Images by Davido, LLC, its subsidiaries, affiliates, licensors, representatives, employees, and third party providers, harmless against any loss, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content that you post, store or otherwise transmit on or through the Site and/or your breach of the Site Terms or of any warranty or representation contained herein.

Governing Law and Jurisdiction


This Agreement/Contract, its validity and effect shall be interpreted, constructed and governed by the laws of the state of Virginia, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction for all disputes arising under this Agreement/Contract shall be administered exclusively in the Superior Courts of the state of Virginia and/or the Circuit Court of the State of Virginia for Fairfax County. Users of this Site agree that any and all disputes arising from the use of this Site, or ordering of materials or services from this Site, shall be settled by binding arbitration.
 

If Images by Davido, LLC is obligated to go to court, instead of arbitration, to enforce any of its rights, you agree to reimburse Images by Davido, LLC for its legal fees and disbursements if Images by Davido, LLC is successful.

 

Copyright Infringement


In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Images by Davido, LLC has adopted a policy of terminating, in appropriate situations and at Images by Davido, LLC sole discretion, account holders who infringe the intellectual property rights of Images by Davido, LLC or any third party.

 

Web Links


You may not use any Images by Davido, LLC logo or other proprietary graphic of Images by Davido, LLC to link to this Site without written permission of Images by Davido, LLC. Also, you may not frame any Images by Davido, LLC trademark, logo, or other proprietary information, including the Images by Davido, LLC Content without Images by Davido, LLC written permission.


Images by Davido, LLC has no representation regarding, and; therefore accepts no responsibility for the content, quality, or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. When you leave the Site, you should know that our terms and policies no longer apply.


Your correspondence or business dealings with any third-party located on or through the Site, regarding the payment and delivery of related goods or services, and any other conditions and terms associated with such dealings, are completely between you and the third-party. Therefore, you agree Images by Davido, LLC shall not be responsible or liable for any damage, loss or other matters brought about as the result of any such damage.


Electronic Communications


You agree to receive communications from us by e-mail. You agree that all notices, agreements, disclosures, and other communications that we provide to you by e-mail completely satisfy any legal requirement that such communications be in writing.

 

Your Account


If you use the Site, you are solely responsible for maintaining the confidentiality of your account, password, for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password.


Interactive Services or Areas


The Site may include interactive services or areas whereby you may post reviews, messages, comments, or other information via our Site. The use of these Interactive Services/Areas is at your own risk and you are entirely responsible for such use. You fully agree not to submit, post, transmit, distribute, publish or otherwise make available in any manner through the Site any content containing or involving the following: (a.) that is unlawful, obscene, libelous, harassing, abusive, defamatory, threatening, invasive of privacy or publicity rights, or is other wise objectionable. (b.) that may infringe any trademark, patent, copyright or other intellectual property or contract right of any party. (c.) which contains or involves any unsolicited promotions, chain letters, junk mail, spam, phishing, political campaign, pyramid schemes, viruses, or destructive files. (d.) private information of any third party, such as credit cards numbers, telephone numbers, etc.


Images by Davido, LLC accepts no responsibility thus assumes no liability for any user content submitted, posted, or otherwise made available by you or any third-party, or for any damage or loss, nor is Images by Davido, LLC liable for any errors, omissions, slander, profanity, etc., you may experience. We reserve the right to edit, or remove any content at any time for any reason without notice.
 

You may not use a false or fake e-mail address or provide information that would be considered misleading as to the origin of such content. You represent and warrant that you possess and control all necessary rights to use the content you submit to the Site. Use and posting of content you provide does not violate these Site Terms and will not cause injury to any person or entity.
 

By submitting or posting content to the Site, you grant Images by Davido, LLC and its affiliates a royalty-free, perpetual, irrevocable right and license to use, modify, reproduce, publish, distribute and display such content any where Images by Davido, LLC does or intends to conduct business. Also, we are granted the right to use the name that you submit in association with such content.


Other Provisions


Waiver of any provision of the Site Terms will be valid only if in writing by Images by Davido, LLC. If any statement in these Site Terms is found to be unenforceable; wherever, feasible this will not affect any statement or clause and each will remain in effect. Thus, any rights not expressly granted herein are reserved.


Changes Without Notice


Images by Davido, LLC reserves the right to make changes to our Site Terms and Conditions, policies, and procedures at any time in our sole discretion. Any change will become effective immediately upon posting on the Site; therefore, you should review our terms and conditions, policies, and procedures each time you visit and use the Site.