Terms and Conditions

Welcome to wm-arts.com. This site, wm-arts.com, including all related pages, (collectively the “Site”) is maintained for information, education, entertainment and communication. If you are a non-commercial consumer, you may download any image, story, text, verse (collectively “Material”) created by and copyrighted by Walton Mendelson, as noted throughout the Site, for personal, non-commercial use, or for fair use as defined in the US copyright laws. This permission is conditioned on your retaining all copyright and other proprietary notices on or adjacent to the Material and you must cite author and source of the Materials as you would any printed work, and the citations must include the URL: www.wm-arts.com.

By accessing the Site, or using the Material in any way, you agree and warrant that such use will be consistent with and limited to this non-exclusive, non-sub-licensable, limited right to use license. No authorization or permission is granted to use work (images and text) not created or copyrighted by Walton Mendelson; other authors and copyrights are noted throughout the Site. No Material is published for use in the Public Domain. Unauthorized commercial publication or exploitation of Material, or any use for personal or commercial gain is strictly prohibited. Anyone wishing to use any Material for publication, commercial use, or any purpose other than fair use, as defined by law, must request and receive prior written permission, contact info@wm-arts.com; a usage fee may be charged depending on the proposed use.

Acceptance of Terms and Conditions

By accessing or using the Site in any way, including but not limited to browsing the Site or downloading Material, you are agreeing with these Terms and Conditions and you warrant that any use will be consistent with and bound by the Terms and Conditions.

Changes in Terms and Conditions

These Terms and Conditions may be changed from time to time. Because you are bound by the Terms and Conditions, you should periodically visit this page, by clicking on the Terms and Conditions at the bottom of the Site pages. [Prices of prints will change relative to sales, see Pricing Policy. The price of an image at the time of sale is the price indicated on the Site image pages at that time of sale: no other notice will be given.]

General

The Site and all Material is protected by federal, state and international copyright, and may not be used except as permitted in these Terms and Conditions or as indicated in text on the Site.

Use of Materials

Except as indicated otherwise in Site text and the Terms and Conditions, you may view, download and print Material available on the Site, subject to the following conditions:

1) The Material is used solely for personal, educational, or fair use, as defined by US copyright law.

2) The Material may not be modified or altered in any way.

3) The Material may not be distributed, sold, rented, leased, or licensed to others.

4) The Material may not be transferred or assigned to another.

5) Any copyright notice, or other proprietary notices, including but not limited to the Site URL, may not be removed or altered in any way.

6) A full and accurate citation of the author and source, including the URL www.wm-arts .com, must be made as be required for any printed work.

7) The rights granted to you constitute a non-exclusive, limited license and not a transfer of title. These rights are non-exclusive, non-sublicensable and limited.

Warranties and Disclaimers

Except as expressly provided otherwise in this Site or in written agreement between you and Walton Mendelson, this Site, and all materials and services are provided “as is” without warranties of any kind, either express or implied, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer my not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

This Site could include mistakes, typographical errors, or inaccuracies. Changes may be made to materials and services at the Site; and prices for prints will change with every sale, see Pricing Policy. The price of an image at the time of sale is the price indicated on the Site image pages at that time of sale: no other notice will be given.

Conduct

You agree:
1) not to use any device, software or routine to interfere or attempt to interfere with the proper use of the Site;
2) not to take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
3) not to transmit through the Site any viruses or other harmful files or code;

Risk

The use of the services or the downloading of Material from the Site is at your own discretion and risk, and with your agreement that you will be solely responsible for any damage to your computer system. Wm-arts.com assumes no liability for any computer virus or software code that is downloaded to your computer from the Site.

Links

Wm-arts.com has links to other sites; however, these other Web sites are not controlled by or monitored by us. Wm-arts.com is not responsible for any content contained on any such web site nor for any loss or damage suffered by you in relation to your use of such Web site. You waive any and all claims against wm-arts.com regarding such links and usage.

Resolution and Jurisdiction

Any controversy or claim arising out of or relating to this license shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis. The arbitration shall be conducted in Prescott, Arizona, and judgment on the arbitration may be entered into any court having jurisdiction thereof. The Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of Arizona applicable to contracts entered into and to be performed entirely within the State of Arizona. Wm-arts.com and Walton Mendelson shall be awarded the actual amount of attorney's fees incurred in connection with any dispute. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This License sets forth the entire understanding and agreement between us with respect to the subject matter hereof.