Welcome to AmericanCivics.com (the "Site"). This Site is jointly owned and operated by Jim Marshall Photography, LLC and artist Shepard Fairey (collectively, "American Civics," "we," or "our"). By using and/or visiting our Site, you agree and consent to be bound by all of the following terms and conditions ("Terms") of this agreement ("Agreement"). Please read them carefully.
When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
We grant you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of our Site, provided you comply fully with these Terms. However, you are not permitted to:
- reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or any website content, including, without limitation, any image, description of any image, page layout, page design, trade dress, trademark, logo, or other content (collectively, "Website content") for any commercial purpose, except as expressly authorized;
- use a robot, spider or data mining extraction tool or process to monitor, extract, or copy Website Content (except in the operation or use of Internet "search engines," hit counters, or similar technology);
- use any search terms, key words, metatags, or the like that contain the Site's name or trademarks used on the Site;
- engage in any activity that interferes with the Site or another individual's ability to use the Site; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms.
Any unauthorized use of the Site or Website Content terminates the permission or license granted herein.
The Site, all Website Content, and all related copyrights, moral rights, rights of publicity, and trademark and trade dress rights (collectively, "Intellectual Property Rights") are the exclusive property of American Civics (or one of the co-owners of the Site, JMP, LLC or artist Shephard Fairey) or our content suppliers and are or may be protected by U.S. and international copyright laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Website Content, or other materials or content accessible on or through the Site. Use of the Website Content or any other materials on the Site for any purpose not expressly permitted by this Agreement is strictly prohibited.
Copyright & Trademark Complaints
We honor the intellectual property rights of others. If you believe that your work has been coped or used on the Site in a way that constitutes copyright or trademark infringement, please notify American Civics by sending an email to: LegalDepartment@americancivics.com. In your email, you must include: (a) your name, mailing address, telephone number, email address, and company name (if any); (b) the specific content you are objecting to and its location on the Site; and (c) a statement that you are the owner of that content or are authorized by the owner to request removal of the content. Upon receipt of a good-faith claim of infringement, American Civics will promptly remove the alleged infringing content from the Site through the duration of an investigation of the claims.
The Material on the Site
The Website Content, which may include graphic content that some people may consider offensive, is not intended for minors. If you allow a minor to use your computer, it is your responsibility to determine whether any of the Website Content is inappropriate for that minor, and to control the minor's use of the computer accordingly. If you yourself find the Website Content offensive, please do not use our Site.
You agree to defend, indemnify, and hold harmless American Civics, composed of Jim Marshall Photography, LLC and artist Shephard Fairey, and our affiliates and any of their respective directors, officers, employees, representatives, agents and successors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of any unauthorized use by you of this Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY AMERICAN CIVICS ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMERICAN CIVICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED ON OR THROUGH THE SITE.
THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
AMERICAN CIVICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the Terms of this Agreement and any sort of dispute that might arise between you and us relating to the use of this Site. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such court.
Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms at any time; therefore, please review our policies, terms, and conditions each time you visit the Site. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
These Terms were last revised on April 29, 2016.