Terms of Service
Terms of use
1.1 This Site is owned and operated by Allen David Multimedia and/or its affiliates (collectively, “ADM”). All of the content elements displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of this Site, including this Site’s designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the “Site Elements”) is the exclusive property of ADM or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by You (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of ADM and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. ADM hereby expressly reserves all rights in relation to the Site and Site Elements not expressly granted herein.
1.2 For the protection of ADM and its licensors, Content may use electronic measures to protect this Site and the Site Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
1.3 For personal, non-commercial use ONLY, You may make a single printed copy of any item of Content on the Site PROVIDED that You do not remove or cause to be removed any copyright, trademark, watermark or other proprietary notices or visual marks or logos from the Content. You may not archive or retain any Content without the express prior written consent of ADM to the address shown at Section 10.1 below.
2.1 This Site and Site Elements are intended solely for users of the Site. Any and all access to this Site is provided to You at ADM’s sole discretion. You agree that ADM shall not be liable to You or any third party for any termination of Your access to this Site. ADM reserves the right to modify, update, suspend, discontinue or restrict the use of or access to the Site (or any portion of the Site) at any time and without notice or liability.
2.2 You may not (i) deep link or employ software or any automatic device, technology or algorithm, to “crawl”, “scrape”, search or monitor this Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or Site Elements by hacking or other means; (iii) copy, redirect, or exploit this Site or any Site Elements; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on visitors to this Site or personal information of ADM’s customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) copy, modify, or display ADM’s name, logo, trademarks or service marks, text, or graphic images in any way, or include ADM’s names or trademarks or service marks or any ADM executive’s name, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement; (vii) use devices (including software) that are designed to provide repeated automated access to this Site, other than those made generally available by ADM, or probe, scan, or test the vulnerability of any system or network related in any way to this Site, without proper authorization from or by ADM; (viii) engage in any unlawful or illegal activities in connection with the use of this Site; or (ix) frame this Site or Site Elements using “framing” or any other similar technology.
2.3 ADM controls and operates this Site from its offices within the State of Texas, United States of America. ADM does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the United States. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws.
3.1 In the course of using this Site, You may receive certain pricing, technical, marketing or other confidential information. “Confidential information” includes any information that is either designated as confidential by ADM or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of ADM and is proprietary to ADM. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of ADM.
4.1 THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER ADM APPLICABLE LAW, ADM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.
4.2 UNDER NO CIRCUMSTANCES SHALL ADM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE.
4.3 Your access to this Site or any Site Element is at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. ADM shall not be responsible or liable for any damage caused by theft, systems failure, communications line failure or other occurrences beyond the control of ADM.
4.4 Although ADM endeavors to ensure the accuracy, completeness and reliability of the Content, ADM disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. ADM also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results.
4.5 This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by ADM of the products or services offered by such third party Internet sites. ADM does not operate or control in any way any information, products or services on these third-party sites and ADM expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an “as is” basis without warranties of any kind, express or implied. You hereby waive any and all claims against ADM regarding the inclusion of links to third party Internet sites or the use thereof.
5.1 This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. ADM shall not be liable or responsible to You, or any other person or entity with respect to such Content.
6.1 You hereby agree to indemnify, defend and hold harmless ADM and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations.
7.1 If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.
8.1 These Terms of Use will be governed and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in Denton County in the State of Texas. You agree not to bring any action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in Denton County, State of Texas. ADM shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and ADM where ADM prevails, ADM shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.
9.1 The failure of ADM at any time to require performance by You of any provision of these Terms of Use shall in no way affect the right of ADM to enforce such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.
10.1 Requests for the archiving, republication or retention of any item of Content accessible on the Site should be submitted by You in writing to ADM at the following email address: Copyright Team, Allen David Multimedia. info@allendavidmultimedia.org
10.2 If You have any queries regarding the Site, please submit your query to ADM by email to: info@allendavidmultimedia.org
TERMS AND CONDITIONS APPLICABLE TO THE WORKS OF ALLEN DAVID MULTIMEDIA DISPLAYED ON THE WEB OR DISTRIBUTED VIA THE INTERNET
You are granted a nonexclusive, nontransferable, limited license to access and use the ADM works for the specific uses enumerated in these terms and conditions for personal non-commercial use only. All rights with respect to the ADM works not explicitly granted to you are reserved to ADM.
You may not use the ADM Works in any way that would or does: (1) derogate from ADM’s intellectual property rights in and to the ADM Works; (2) distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights; or (3) violate any applicable law, regulation or guideline in the relevant jurisdiction. Except as specifically authorized in writing by ADM, you may not sublicense, market, sell, or distribute the ADM Works or any subset thereof or offer to do so in any manner or medium.
All right, title, and interest in and to the ADM Works shall remain the property of ADM and/or its licensors, including without limitation any intellectual property rights which subsist in the ADM Works. You agree to comply with any instructions set out in any robots.txt files associated with the ADM Works, including any requirements with regard to your access and use of the ADM Works.
You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the ADM Works, or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed by ADM in association with the ADM Works.
Nothing in these Terms and Conditions grants you any right to use any ADM trademark for any purpose. You may not use any ADM logo or other ADM trademark without signing an ADM trademark license agreement.
NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO THE ADM WORKS ARE MADE BY ADM, ITS LICENSORS, AND OTHER CONTENT PROVIDERS. ADM AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY AND/OR RELIABILITY OF THE ADM WORKS) OR FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ADM WORKS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE ADM WORKS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ADM WORKS IS AT YOUR SOLE RISK AND THAT THE ADM WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ADM AND ITS LICENSORS AND OTHER CONTENT PROVIDERS SHALL NOT BE LIABLE IN ANY REGARD WITH RESPECT TO YOUR ACCESS TO, USE OF AND/OR RELIANCE ON THE ADM WORKS (WHETHER IN WHOLE OR IN PART), TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY LOSS OF REVENUE, LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS REGARDLESS OF WHETHER YOU OR ANY THIRD PARTY HAD ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless, and defend ADM, its directors, officers, employees, subsidiaries, licensors, and content providers, in respect of all damages, costs, and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Terms and Conditions or otherwise in connection with your use of the ADM Works.
If any provision in these Terms and Conditions is declared to be invalid or unenforceable in any respect by a court of law having jurisdiction to decide, then the invalid or unenforceable provision will be removed from the Terms and Conditions without affecting the rest of the terms, which will continue to be valid and enforceable, and a valid and enforceable provision that approximates the intent of the invalid or unenforceable provision as closely as possible shall be substituted for the invalid or unenforceable provision.
You agree that ADM is entitled to exercise all rights and seek all legal and equitable remedies available to it with respect to the ADM Works. You agree that ADM’s failure to exercise or enforce any legal right or remedy in these Terms and Conditions shall not constitute a waiver of these rights and remedies by ADM. Notwithstanding any choice of law, venue, or jurisdiction provisions in association with the website or digital service through which you accessed these Terms and Conditions, these Terms and Conditions shall be governed by, construed, and take effect in accordance with the laws of the State of Texas, and jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts situated in Dallas, Texas and all such claims shall be adjudicated under Texas law, without reference to its conflict of law principles.