By accessing and/or using the website you signify your acceptance of the terms and condition of service (the "Terms"), which you are therefore requested to read carefully. Pandares Art Studio (the "Studio") reserves the right to amend, remove or add the Terms at any time, being any such modification immediately effective. Therefore, please continue to review the Terms at any access to this website. Your use of this website or any ancillary service after the posting of any modification of the Terms shall constitute your acceptance of the Terms as amended. Should you wish not to accept the Terms, you are prevented from using this website. Further, you are not permitted to proposed modifications to the Terms, which are expressly rejected and shall be of no effect.
The owners/authors make all reasonable attempts to exclude viruses from these webpage, but they cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before navigating on the website.
The website may contain inadvertent inaccuracies or typographical errors. These will be corrected at the authors' discretion, as they are found. Although the authors aim at updating the information on the website regularly, inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through the website may originate outside of its authors. Therefore, the owners/authors exclude any obligation or responsibility for this content.
Titles in following sections of the Terms are used solely for reference and are not binding nor have any specific legal or contractual significance.
1. GENERAL TERMS
1.1 Intellectual Property
This website, including, but not limited to, text, content, artistic concepts, images, photographs, video, audio, graphics, services, and material of any nature, is protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of England, the European Union and other countries. The website is also protected as a collective work or compilation under English copyright and other laws and treaties. All individual art, photographs, articles and other elements making up the website are also copyrighted works. You acknowledge that this website has been developed, compiled, prepared, revised, selected, and arranged by its owners/authors and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of its owners/authors and such others. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the website (the "Intellectual Property Rights") shall, as between you and the owners/authors of this website, the latter at all times being and remaining the sole and exclusive owners/beneficiaries of Intellectual Property Rights. All present and future rights in and title to the website (including the right to exploit it and/or any portions of it over any present or future technology) are reserved to the owners of the website for their exclusive use. Except as specifically permitted herein, you shall not use Intellectual Property Rights or the website or any material, or the names of any individual participant in, or contributor to, the website or any variations or derivatives thereof, for any purpose, without the owners/authors' prior written approval.
1.2 Restrictions of Use
You may use the website for your personal, non-commercial use only, and you shall not copy, reproduce, republish, download, upload, post, transmit, distribute, modify, reuse, repost, or make any other use of the website, or any portion of it. You shall not sell, prepare derivative works based on or modify the website (including, without limitation, preparation of summaries of the content or "thumbnails" of any images therein), or any portion thereof, or reproduce, publicly display, publicly perform, distribute, or otherwise use the website in any way for any public or commercial purpose. The use of any information contained on the website on any other related web site, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the website without the express prior written permission of owners/authors is strictly prohibited.
You acquire absolutely no rights or licenses in or to the website, or any portion thereof, other than the limited right to utilize the website in accordance with the Terms. If you submit material to this site or to the owners/authors or its representative, unless they indicates otherwise, you grant the owners/authors, their affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant the owners/authors and its affiliates, representatives, and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this Terms and will not cause injury to any person or entity; and that you will indemnify the owners/authors and their affiliates for all claims resulting from material you supply. The owners/authors undertake no responsibility nor assume any liability for any material submitted by you or any third party.
1.4 Registration and Accounts
The owners/authors reserve the right, in their sole discretion, to require registration and account creation to obtain access to the website or certain portions of the website. Certain website users will have the opportunity to use accounts or log-in information, such as a password, provided offline to those users by the owners/authors that will allow such users to obtain access to a certain portion of the website. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify the owners/authors at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage or activity on your account, including, but not limited to, use of the account by any third party authorized by you, or who obtained access to your account through you, to use your username and password. The use of your account by any individual under age 18 (eighteen) is strictly prohibited. If the computer system on which you accessed the website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the website. The owners/authors reserve the right to terminate your account, in their sole discretion, at any time without notice. You may terminate your account at any time by sending an e-mail to email@example.com. Notwithstanding anything else herein, the owners/authors reserve the right to pursue any and all claims against any user of your account.
The content provided on the web site is for information purposes only. Nothing contained in the web site shall in any way constitute an offer, or a solicitation of an offer, by the owners/authors, or by any affiliated company, subsidiaries, or affiliates, to provide any service or product that includes, but is not limited to any form of art. You agree that your use of the web site is at your sole risk. You acknowledge that the web site and anything contained within the web site (the "Items") are provided on an "as is" and "as available", and that the owners/authors make no warranty of any kind, express or implied, as to the web site or the Items, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use. The owners/authors do not warrant that the web site, or e-mail sent by the owners/authors or its representative, is compatible with your equipment or that the web site is free of errors or viruses, worms or "trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. The content of other web sites, services, goods, or advertisements that may be linked to the web site is not maintained or controlled by the owners/authors. Therefore they are not responsible for the availability, content, or accuracy of the web site and other web sites, services, goods, or advertisements that may be linked to the web site. The owners/authors do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the web site; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other web sites, services, goods, or advertisements that may be linked to the web site; or (c) make any endorsement, express or implied, of any other web sites, services, goods, or advertisements that may be linked to the web site. The owners/authors are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, software, and equipment you use to access the web site.
1.6 Limitation of Liability
To the extent permitted by the applicable law(s), under no circumstances, including, but not limited to, negligence, shall the owners/authors, their providers and third-party agents be liable to you for any fault, failure, errors, inaccuracy, unavailability, omission, delay, injuries, or direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if the owners/authors have been advised specifically of the possibility of such damages, arising from use of or inability to use the web site or any links or items on the web site, such as, but not limited to, loss of revenue or anticipated profits or lost business.
You agree that in no event shall the owners/authors be liable for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise. To the extent permitted by the applicable law(s), the remedies stated for you in these Terms are exclusive and are limited to those expressly provided for in the Terms.
1.7 Your Authority to Agree to the Terms
You represent, warrant, and covenant that: (a) you are of legal age; and (b) you have the power and authority to enter into this agreement.
You agree, at your own expense, to indemnify, defend, and hold harmless the owners/authors and their employees, representatives, providers, affiliates, and agents, against any claim, suit, action, or other proceeding brought against the owners/authors, their employees, representatives, providers, affiliates, and agents, by a third party, to the extent that such claim, suit, action, or other proceeding brought against (any of) them is based on or arises in connection with the website, or any links on the website, including, but not limited to: (i) your use or someone using your computer's use of the website; (ii) someone using your account on the website, where applicable; (iii) a violation of the Terms by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the website by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions, or alterations to the website by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' and experts' fees and costs awarded against or otherwise incurred by or in connection with any such claim, suit, action, or proceeding attributable to any such claim. The owners/authors reserves the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the owners/authors in asserting any available defence. You acknowledge and agree to pay the owners/authors' reasonable attorneys' fees incurred in connection with any and all lawsuits brought against you by the owners/authors under the Terms and any other terms and conditions of service on www.pandares.com, including, but not limited to, lawsuits arising from your failure to indemnify the owners/authors pursuant to the Terms.
1.9 Governing Law
The Terms shall be governed and construed in accordance with the laws of England and Wales without giving effect to conflicts-of-law principles thereof. You agree to submit to the jurisdiction of the English Courts in London with respect to any legal proceedings that may arise out or in connection with this website (or ancillary services) or from a dispute as to the interpretation or breach of the Terms.
1.10 English and European Union Export Control
The owners/authors do not represent that Items and the materials in the website are appropriate or available for use in countries outside England and the European Union ("EU"). If you choose to access the website from outside the EU, you are responsible for compliance with foreign and local laws. Software from the website is further subject to EU export controls and may not be downloaded, exported, or re-exported, e.g. into countries to which England and/or the EU (or any of its member states, if relevant) has embargoed goods. By using the website, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country, or on any such list.
You accept that the owners/authors have the right to change the content or technical specifications of any aspect of the website at any time and in their sole discretion. You further accept that such changes may result in your being unable to access the website. The failure of the owners/authors to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Sections 1.1, 1.2, 1.3, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14 shall survive any termination of the Terms, and you, after careful reading them, expressly understand and accept their content and the Terms.
If any provision of the Terms should be found invalid or unenforceable, that provision will be enforced to the maximum extent permissible; therefore, invalidity or unenforceability (in full or part) of any clause shall not affect the other provision of the Terms, which will remain in force. Notwithstanding the destiny of the Terms themselves, clause 1.9 shall be severable from the Terms.
1.13 Entire Agreement
The Terms and any other terms and conditions of service on www.pandares.com and its successor, constitute the entire agreement between you and the owners/authors and govern your use of the website.
Either you or the owners/authors may terminate the Terms with or without cause at any time. Such termination will be effective immediately. You may terminate the Terms by discontinuing your use of the website. The owners/authors may terminate the Terms immediately without notice if you, in their sole discretion, fail to comply with any provision of the Terms. Upon termination by you or the owners/authors, you must destroy promptly all materials obtained from the website and any copies thereof.
2. LINKING AND FRAMING
You shall not deep-link to (i.e. linking to webpages/subpages other than the home page of this website) or frame (i.e., bringing up or presenting content of this website within another website) this website. You shall not link to www.pandares.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
Any deep-link or framing, when permitted, shall be subject to the owners/authors express written approval.
3. ENQUIRIES REGARDING THIS WEB SITE
For enquiries regarding this website send an email to firstname.lastname@example.org
4. COPYRIGHT AGENT FOR COPYRIGHT INFRINGEMENT CLAIMS
The owners/authors respect the intellectual property of others, and we legitimately expect you to do the same. They may, in appropriate circumstances and in their sole discretion, terminate specific services offered to users who infringe the intellectual property rights of others.
If you believe that your work has been copied and is available on the website in a way that constitutes copyright infringement, please provide the owners/authors with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., the web page address) or other electronic address of the location where the copyrighted work exists, or a copy of the copyrighted work;
3. identification of the specific location on the website where the material that you claim is infringing is located;
4. your address, telephone number, fax number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made to the best of your knowledge and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification of claimed infringement shall be sent by email at email@example.com
as well as posted to the following address:
5 Poppins Court
5. TRADEMARK NOTICE
PANDARES, PANDARES ASSOCIATION, PANDARES.COM, PANDARES ART STUDIO and PANDARES ART STUDIO LONDON are protected trademarks of Mr Paolo Esposito. All rights reserved.