TERMS AND CONDITIONS
By using this site and/or downloading any material, you agree to be bound by this Agreement. Nevares Fine Art reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use.
PERMITTED USE OF THIS SITE
This site is owned and operated by Nevares Fine Art. All images and related informational materials in any medium furnished by Nevares Fine Art hereunder, including related text, captions, or information (collectively referred to as "Images") are owned by Nevares Fine Art and/or our Artists. All Images are protected by US and international copyright laws. Your use of this site and any Images shall comply with all applicable law. Additionally, this site and any Images may include artistic and culturally important images that reflect the social attitudes and circumstances of a particular artist.
REGISTERING FOR THE MAILING LIST
Nevares Fine Art collects certain information required for the mailing of our newsletter and conducting business. When you sign up for our mailing list, or to purchase a photograph, you are agreeing to furnish true and accurate information. You may request that Nevares Fine Art does not send any such notices or invitations by contacting us. We treat our customers' personal information as highly confidential. Nevares Fine Art does not sell or rent information about its customers to third parties, and we do not share our mailing list with other organizations.
The Images are copyrighted and are protected by the intellectual property laws of the United States and international laws and conventions, including the Berne Convention. No copyright in any Image shall pass to you by the sale of the Image. Images may not be used as a trademark, service mark or logo, or for any unlawful purpose, including to defame any person or entity, or to violate any person's or entity's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of an Images shall constitute copyright infringement and shall entitle Nevares Fine Art to exercise all rights and remedies under applicable copyright law, including obtaining an injunction preventing further use, the destruction of all offending materials, and monetary damages, including attorneys' fees and costs against all users and beneficiaries of the use of such Images.
The laws of the State of New York and applicable U.S. Federal law, including Title 17 of the United States Code, as amended, shall govern any dispute regarding this Agreement. The parties consent to the personal jurisdiction of the State of New York, USA to resolve any disputes with respect to this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Nevares Fine Art and you, Nevares Fine Art shall be entitled to recover all costs and expenses incurred as a result of any dispute between Nevares Fine Art and you, including its attorneys' fees.
NO WAIVER / SEVERABILITY
No action of Nevares Fine Art, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
AGE SENSITIVE MATERIAL/UNDERAGE VIEWING
By entering the Nevares Fine Art gallery website, you certify that you are 18 years of age or older; that you are familiar with all local laws in your area affecting your legal right to access or adult-oriented materials; that you have the legal right to access adult-oriented materials and that Nevares Fine Art gallery has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own review and that you will never share these materials with a minor or in any way make these materials available to a minor.
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.