Terms & Conditions
Access to and use of the Kim Fabio Fine Art website, located at www.fineart.kimfabio.com (herein known as "Kim Fabio Fine Art Site") and all content therein are subject to the following terms and conditions. Please carefully read this Kim Fabio Fine Art Site Copyright Notice and Terms of Use, as well as the Privacy Policy, which is incorporated herein by reference and is accessed by clicking the Privacy Policy button located in the footer section of the Kim Fabio Fine Art Site. By accessing this Kim Fabio Fine Art Site, you accept without limitation or qualification the terms and conditions contained in the Copyright Notice and Terms of Use and the Privacy Policy. If you do not agree to all of these terms, please do not use the Kim Fabio Fine Art Site.
We may change, revise and/or update these Terms of Use. Your continued use of the Kim Fabio Fine Art Site after any change, revision, or update of the Terms of Use constitutes your acceptance of the Terms of Use as changed, revised, or updated.
Kim Fabio Fine Art. (herein known as “Kim Fabio Fine Art”) in its sole discretion, reserves the right to deny anyone access to the Kim Fabio Fine Art Site and to modify and/or terminate the Terms of Use at any time without notice. All rights, not specifically granted, are reserved to Kim Fabio Fine Art.
Copyrights and Trademark
The Kim Fabio Fine Art Site, including all content: © Kim Fabio Fine Art. 2010–2017. All rights reserved.
All artworks, data, images, audio, audio/video clips, texts, and other information as well as certain technology and software applications, including source code, object code, HTML files, graphics, and other codes (herein known as "Materials") on this Kim Fabio Fine Art Site are protected by copyright and/or other intellectual property laws and are owned and/or controlled by Kim Fabio Fine Art and/or its licensors and other contributors. Kim Fabio Fine Art® is a registered trademark solely owned by Kim Fabio Fine Art. Kim Fabio Fine Art's trademarks are protected by trademark and/or other intellectual property laws. Subject to the fair use provisions below, no use of said Materials and/or trademarks is allowed without the prior written permission of Kim Fabio Fine Art and/or its licensees and other contributors.
Fair Use
In accordance with the applicable copyright laws, users of the Kim Fabio Fine Art Site may use a limited amount of copyrighted Materials located on the Kim Fabio Fine Art Site for personal, not-for-profit, non-commercial, or educational use, such as for teaching, research, student reports, commentary, and criticism. When using such copyrighted Materials, users should always provide attribution or credit to the author or copyright owner of the Materials being used. The user may display such Materials on a "closed" or internal computer network, such as within one school, but may NOT display such Materials on the Internet, which is accessed by the general public. None of the content may be downloaded, reproduced, transmitted, displayed, distributed, modified, or made into a derivative work or otherwise used for any other purpose (other than for personal, not-for-profit, non-commercial, or educational use as described above) without the prior written permission of Kim Fabio Fine Art or, when owned by one of Kim Fabio Fine Art's licensors or contributors, by said licensor or contributor.
Submissions and Postings
Prior to submitting any Materials for inclusion on the Kim Fabio Fine Art Site, the user wishing to submit must agree to the terms of the Submission Notice. Kim Fabio Fine Art reserves the right to remove, at its sole discretion and for any reason, with or without notice, any Material posted by users on the Kim Fabio Fine Art Site.
Acceptance of Terms and Consent
You affirm that you are 18 years of age or older, or an emancipated minor; or, if you are under the age of 18, you affirm that you possess parental or legal guardian consent, that you are fully competent to agree to the terms, conditions, and obligations, and to make the affirmations, representations, and warranties contained in the Copyright Notice and Terms of Use, the Privacy Policy, and the Submission Notice. If you are 13 years of age or younger, you must view the site with adult supervision.
Disclaimers and Indemnities
The Kim Fabio Fine Art Site contains links to websites of entities related to Kim Fabio Fine Art as well as links to other third-party websites containing Materials related to the contents of the Kim Fabio Fine Art Site. These related websites and third-party web sites are not operated or controlled by Kim Fabio Fine Art; for that reason, Kim Fabio Fine Art does not guarantee the accuracy of or endorse the contents of those websites, and Kim Fabio Fine Art is not responsible for their availability or any viruses accessed through them. Your use of related or third-party websites must be in accordance with the terms of use contained on those sites, and you are solely responsible for compliance with those terms of use. The Kim Fabio Fine Art Site provides information and Materials for general cultural and educational purposes only.
THE KIM FABIO FINE ART SITE IS PRESENTED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES OF ANY KIND, EXPRESSED OR IMPLIED. Kim Fabio Fine Art, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
In connection with your use of the Kim Fabio Fine Art Site, you agree to abide by all applicable federal, state, and local laws. You further agree to indemnify and hold Kim Fabio Fine Art and its affiliates harmless from any claims, liabilities, and expenses including attorney's fees that may arise from your breach of these Terms of Use and your use of the Kim Fabio Fine Art Site.
Permissions and Requests for Materials
Users wishing to use Materials from the Kim Fabio Fine Art Site for purposes other than the fair uses described above must obtain prior written approval. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Kim Fabio Fine Art or the appropriate rights holder and may incur fees. For Materials credited to licensors or other contributors (indicated by "courtesy," "copyright," and/or "collection"), please contact the licensor or contributor directly. For all other Materials on the Kim Fabio Fine Art Site, which are owned and/or controlled by Kim Fabio Fine Art, please send your request at least one month in advance of the desired date of use to this email address: info [AT] fineart dot kimfabio dot com. All requests for permission must include the following information: the artist name, a copy of the image or text excerpt requested, the format desired (JPG, TIF, PDF, PSD), and the context in which the Material will be reproduced. Reproduction or transmission of Art in Kim Fabio video clips on public third-party websites are not allowed at any time, but third-party sites are encouraged to link to the Kim Fabio Fine Art Site. For other video requests, please see Licensing and Reproduction.
General
You agree that any dispute that might arise between you and Kim Fabio Fine Art shall be decided exclusively by a court of competent jurisdiction in the State of North Carolina and the Copyright Notice and Terms of Use and Privacy Policy shall be governed by the laws the State of North Carolina.