TERMS AND CONDITIONS OF USE
The Terms and Conditions below govern the use of all aspects of the website FAHARTA.COM (the “Site”) including but not limited to information, text, images, photographs and commentary (collectively “Content”) on the Site. All Persons accessing or using the Site (the “Users”) agree to be bound by these Terms and Conditions of Use. Any person who refuses to agree to be bound by these Terms and Conditions may not access or use the Site. These Terms and Conditions may be changed at any time without prior notice. Users should review these Terms and Conditions frequently and carefully.
1. AUTHORIZED USE. The Site may only be accessed by Authorized Users. Authorized Users are persons who have agreed to use the Site only in accordance with these Terms and Conditions. The owner of the Site reserves the right to restrict, deny or revoke access to the Site to anyone by any means. Any use of the Site that does not comply with these Terms and Conditions of Use is an unauthorized use, and Authorized Users agree to notify the owner promptly if they become aware of any unauthorized use or any actual or suspected breach of the Site’s security.
2. COPYRIGHT AND OWNERSHIP. The Content on the Site is protected by United States of America (“U.S.”) and international copyright laws as well as other applicable laws. Copyright and other proprietary rights are held and owned by the owners who have authorized the use of their materials on the Site. The Site is also protected as a collective work and/or compilation under U.S. and international copyright laws. Use of the Site does not grant Users ownership or a license to use any Content on the Site or any data, computer code, or software used on the Site. Users agree not to modify, obscure, or remove any copyright notices that may appear on the Site. The absence of copyright notice or copyright symbol © connected to any Content may not be construed as a statement (whether express or implied) that such Content is not subject to copyright or other legal protections. Users agree to comply with any applicable copyright law, regardless of jurisdiction.
3. USE OF CONTENT. The Content on the Site is made available only to Authorized Users and only for non-commercial, educational, and personal use. Absent separate prior written agreement with the Owner, Users may not download, reproduce, transit, publish, post, share, distribute, copy, publicly display, or otherwise use, employ or disseminate Content from the Site. Content is uncensored and some Content contains nudity and depictions that some may not consider appropriate. By using the Site or allowing others (including but not limited to minors) to access the Site, Users agree that (a) the Content is not offensive, (b) use of the Site or viewing the Content will not cause any damage or harm, and (c) accessing the Site and the Content will not violate any applicable law in any applicable jurisdiction, whether in the U.S. or elsewhere.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Notwithstanding any statement to the contrary contained herein or in the Content, the owner of the Site makes no representations or warranties of any kind regarding any of the Content. The Content, including but not limited to information concerning or related to the authenticity and provenance of any work of art presented on the Site, constitutes an opinion only, it is not and may not be construed as a statement of fact or a representation or warranty of any kind. Users acknowledge that works of art must be inspected by an expert to establish authenticity, and the inclusion of a description of a photograph of a work of art on the Site is not an opinion, representation, or warranty that a particular work of art resembling such description or photograph is authentic. The Site and the Content are provided “as is” and are subject to revision, modification, alteration, or removal at any time.
5. JURISDICTION. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to conflicts of law. Any claim or cause of action arising from or relating to this Agreement, the Site, or the Content will be adjudicated and resolved in the state courts of or the federal courts sitting in the State of Florida and Users irrevocably agree to the exclusive jurisdiction of such courts. In the event of a conflict between the laws, rules, and regulations of the State of Florida or the U.S. and any foreign laws, rules, and regulations, the laws, rules and regulations of the State of Florida or the U.S., as applicable, will govern. The Site is based in the U.S. and makes no representation or warranty that the Site or the Content are appropriate for use outside of the U.S. Access or use of the Site and the Content will, at all times, be in compliance with all applicable, state, and local laws, rules, and regulations of the jurisdiction in which such Users access the Site and the Content. If any term of this Agreement is deemed to be invalid, whether or in part, the remaining terms shall be deemed valid.