Terms of Service
Acceptance of Terms
The DanielTuckerStudio.com Site is owned by Daniel Tucker Studio (“DTS,” “we,” or “us”) and is an online artist website for selling paintings, posters, and prints and generating interest with galleries and museums to exhibit Daniel Tucker’s work (the “DTS Site” or “Site”).
1. Who May Use the DTS Site
Age Requirement. You must be at least 18 years old to use the DTS Site.
Notice to Parents and Guardians. You are responsible for monitoring and supervising your child’s use of the DTS Site. If your child is using the DTS Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about DTS, please contact us at DanielTucker9 at Gmail dot com.
Site “As Is”. DTS provides the DTS Site on an “as is” and “as available” basis. You therefore use the DTS Site at your own risk. To the fullest extent permitted by law, DTS expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. DTS has no obligation to screen or monitor any content and does not guarantee that any content made available on the DTS Site complies with this Agreement or is suitable for all users. DTS shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the DTS Site. To the extent that a secondary party may have access to or view DTS content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
Color Disclaimer. Actual colors of the artworks may vary. Due to the many variations in computer monitors and browsers, colors may differently for each user. We try very hard to ensure our photos are as life-like as possible, but please understand the actual color may vary slightly from your monitor. We cannot guarantee that the colors you see accurately portrays the true color of the artwork.
3. Limitation of Liability
General Limitation. To the fullest extent permitted by law: (i) in no event shall DTS, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) DTS, and its affiliates’ total liability to you shall not exceed the amounts paid by you to DTS over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN PRODUCTS OR ACCESS THE SITE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Consent to Email And Newsletters. When you subscribe to our email list on our Site, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third-party partners.
5. Product Prices and Availability
Current prices for products are described on the Site. We may change pricing at any time and in our sole discretion. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. To take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. We reserve the right to change or discontinue any product at any time and without notice. We further reserve the right, in our sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason.
6. Term and Termination; Subscription Termination
Term. This Agreement begins on the date you first use the DTS Site and continues as long as you are subscribed with us.
Subscription Termination. You may terminate your subscription with us at any time by notifying DanielTucker9 at Gmail dot com.
Termination for Breach. DTS may suspend, disable, or delete your subscription (or any part thereof) or block or remove any content you submitted if DTS determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage DTS reputation or goodwill. If DTS deletes your subscription for the foregoing reasons, you may not re-subscribe for the DTS Site. DTS may block your email address and Internet protocol address to prevent further registration. DTS is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify, defend, and hold harmless DTS and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the DTS Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to DTS violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. DTS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DTS in connection therewith.
8. License to Use the DTS Site
License. DTS grants you a limited, non-exclusive license to access and use the DTS Site and Services for your own personal, non-commercial purposes. This includes the right to view content available on the DTS Site.
Restrictions. Except as expressly permitted by DTS in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the DTS Site or any works featured on the Site. Nor will you take any measures to interfere with or damage the DTS Site. All rights not expressly granted by DTS are reserved.
Mobile Devices and External Devices. These Terms of Site, and all the provisions herein, also govern the use of our mobile, desktop and set-top devices. Your use of the DTS Site through any applications or device constitutes your agreement to be bound by these Terms.
9. Third Party Links and Content
Linked Sites. Certain links on the DTS Site may let you leave the DTS Site to access a linked site (the “Linked Sites”). When you are linking to a third-party site, it is important to know that DTS does not control these sites, nor has DTS reviewed or approved the content which appears on the linked sites. DTS is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that DTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or Sites available on or through the linked sites.
Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the DTS Sites (i.e., a linked site), regarding payment and delivery of specific goods and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that DTS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Intellectual Property
You acknowledge that the DTS Site contains Content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Site marks, or other intellectual property or proprietary information accessible on the Site or through the Site. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.
As between you and DTS, you own all content that you submit to DTS, whether directly via the DTS Site or indirectly (for example, via Facebook or Instagram). However, it is important that you understand that by posting a submission to DTS, you are granting DTS and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the DTS Site permission to view your content for their personal, non-commercial purposes. If you make suggestions to DTS on improving or adding new features to the DTS Site, DTS shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to DTS and grant the licenses set forth above; (ii) DTS will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
12. Code of Conduct; Content Restrictions; and Prohibited Activities
Code of Conduct. In using the DTS Site, you must behave in a civil and respectful manner always. DTS reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations.
Content Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to DTS, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the Service or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with this Agreement; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
Our Right to Monitor and Remove Content. DTS has the right, but not the obligation, to monitor all conduct on and content submitted to the DTS Service. DTS reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
DTS reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that DTS may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
13. Copyright / DMCA Policy
DTS respects the intellectual property of others, and we ask our users to do the same. DTS will promptly remove materials from the DTS Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. DTS will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
Email: DanielTucker9 at Gmail dot com.
US Certified Mail:
DTS Copyright Agent
227 E Palace Avenue, Ste. P
Santa Fe, NM 87501
14. General Provisions
Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against DTS or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and DTS or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against DTS may be commenced only in the federal or state courts located in Santa Fe, New Mexico. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and DTS, shall be governed by the laws of the state of New Mexico without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by DTS in exercising any right hereunder will waive any further exercise of that right. DTS rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without DTS prior written consent. No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from DTS electronically. DTS may provide all such communications by email or by posting them on the DTS Site. For support-related inquiries, you may send an email to DanielTucker9 at Gmail dot com. or the following address:
227 E Palace Avenue, Ste. P
Santa Fe, NM 87501
Modification. This Agreement may not be modified except by a revised Terms of Service posted by DTS on the DTS Site or a written amendment signed by an authorized representative of DTS. A revised Terms of Service will be effective as of the date it is posted on the DTS Site.