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Terms of Use

Terms And Conditions Of Use
1. ACCEPTANCE OF TERMS

The Goff Private Collection (TGPC), provides the information and services on the TGPC Site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use (Terms) contained herein. Your use of the TGPC Site constitutes agreement with such Terms. Before using the TGPC Site, please carefully read this agreement. By using the TGPC Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the TGPC Site.

TGPC reserves the right, at TGPC's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, TGPC intends to provide users with up to fourteen days of advance notice). Your continued use of the TGPC Site following the posting of changes to these Terms will mean that you accept those changes.

Use of the TGPC Site constitutes full acceptance of and agreement to the Terms; if a user does not accept TGPC's Terms, he or she is not granted rights to use the TGPC Site as defined herein, and should refrain from accessing the TGPC Site.

To update these Terms, TGPC will post both the changed version and its effective date at www.thegoffprivatecollection.com

TGPC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all the TGPC Site (or any part thereof). TGPC shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHBIITED USE

By using the TGPC Site, you warrant to TGPC that you will not use the TGPC Site, or any of the content obtained from the TGPC Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the TGPC Site automatically terminates.

3. DESCRIPTION OF SERVICES

The TGPC Site is owned and operated by TGPC for the purpose of informing and educating potential purchasers and licensees of fine art images of the merits of TGPC’s collection of images and providing a system whereby potential customers can obtain information on licensing said images (the "Purpose"). The TGPC website displays images and makes available information pertaining to the purchase and licensing of fine art images to prospective and approved customers.

4. REGISTRATION OBLIGATIONS

When requested, each TGPC Site user must: (1) personally provide true, accurate, current and complete information on the TGPC Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, TGPC has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, TGPC may suspend or terminate that user's account and prohibit any and all current or future use of the TGPC Site (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive passwords and account designations upon completing certain TGPC Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. TGPC cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify TGPC of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

TGPC handles user Registration Data in accordance with TGPC’s Site Privacy Policy.

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), posted on, or proceeding from, the TGPC Site are wholly owned by TGPC (or used in express compliance with licensing rights owned by TGPC) unless otherwise expressly stated herein. TGPC Site users may not reproduce any Content for any purpose whatsoever, without express written permission from TGPC unless expressly stated herein.

TGPC Site Content may be used by prospective licensees for internal business decision making purposes, so long as such use does not make any Content available to third parties without the express written consent of TGPC.

6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE TGPC SITE:

Use, reproduction, modification, and other intellectual property rights to data stored on the TGPC Site will be subject to licensing arrangements that may be approved by TGPC as applicable to such Content.


7. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the TGPC Site, use of the TGPC Site, or access to the TGPC Site.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

TGPC may establish general practices and limits concerning use of the TGPC Site. While TGPC will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, TGPC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any TGPC Site. TGPC reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. TGPC reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

TGPC may terminate a user's account in TGPC's absolute discretion and for any reason. TGPC is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or any attempt to gain unauthorized entry to the site or site resources; (3) use of an TGPC Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

TGPC's termination of any user's access to any or all the TGPC Site may be effected without notice and, on such termination, TGPC may immediately deactivate or delete user's account and/or bar any further access to such files. TGPC shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. TGPC reserves the right to delete, or not delete, a user's account at TGPC's sole discretion, as well as to delete, or not delete, content at TGPC's sole discretion.

10. LINKS

TGPC, any TGPC Site or a third party may provide links to other websites. TGPC exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. TGPC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The TGPC Site' Privacy Statement is applicable only when you are on a TGPC Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless TGPC, and its owners, affiliates and their respective employees and agents, and each of TGPC's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees and costs, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the TGPC Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE TGPC SITE IS AT HIS OR HER SOLE RISK. THE TGPC SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TGPC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TGPC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, TGPC MAKES NO WARRANTY THAT (i) THE TGPC SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF TGPC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TGPC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TGPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY TGPC SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TGPC SITE; OR ANY OTHER MATTER RELATING TO THE TGPC SITE. IN NO EVENT SHALL TGPC'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TGPC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, TGPC DOES NOT AND CANNOT CONTROL THE ACTIONS OF TGPC SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE TGPC SITE. OPERATION OF THE TGPC SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY TGPC.

12. INTELLECTUAL PROPERTY RIGHTS

TGPC respects the intellectual property rights of others, and requires that the people who use the TGPC Site do the same. It is our policy to respond promptly to evidence of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent in writing, as follows:

George Goff, Owner
The Goff Private Collection
ggoff@TheGoffPrivateCollection.com



13. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and TGPC and govern each user's use of the TGPC Site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and TGPC shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Washoe, Nevada. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

14. VIOLATIONS

Please report any violations of the Terms (except for claims of intellectual property infringement) to the TGPC Site Director at admin@TheGoffPrivateColleciton.com




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