Terms Of Use
Your Agreement with Ngonart .OU
Welcome to the NgonArt website, the world’s premier professional art outsourcing service. The following Terms of Use apply to your use of our Web site. If you visit www.ngonart.com, you accept these conditions. Please read them carefully before you enter our Web site. THE FOLLOWING TERMS OF — USE CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND Ngonart, OU. PLEASE READ ALL OF THE FOLLOWING TERMS OF — USE. BY USING THE Ngonart WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF — USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF — USE, PLEASE EXIT OUR WEB SITE .
1. Ownership of Our Web site
This Web site is owned and operated by NgonArt, OU (“NGONART”). All of the images featured on our Web site were created by photographers who have provided them to Ngonart for worldwide sale and distribution. These images are protected by United States and international copyright law. All of the other content on our Web site, including without limitation, the graphics, design, and look and feel are owned by Ngonart and are protected by Estonian and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.
2. Your Use of Our Renderd-Images
You can purchase the rendered images featured on our Web site from Ngonart in the form of photographic prints, or other photographic products (collectively, the “Products”). If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of rendered images, without the prior written consent of Ngonart. Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Ngonart’s prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Web site.
3. Disclaimers
THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Ngonart MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Ngonart uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of rendered images submitted to Ngonart, it makes no representations or warranties as to the accuracy, correctness or reliability of the rendered images, nor can Ngonart ensure that all persons depicted in the rendered images have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: clientsupport@ngonart.com. In addition, Ngonart is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. Ngonart, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the rendered images.
4. Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the rendered images or Products, or any portion thereof, in any manner not authorized by Ngonart , or if you otherwise infringe any intellectual property rights relating to the images, Products or this web site, you agree to indemnify and hold Ngonart, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the rendered images or Products and/or your breach of this terms of this Agreement. Your privilege to access, use, and contribute to our services depends on your compliance with the following guidelines. We may revoke your privileges to use our service and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention.
5. Discounts and Promotional Codes
All discounts or promotional codes must be entered at the time of purchase for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted.
6. Other Terms
This Agreement shall be governed by the laws of Estonia without giving effect to any principles of conflicts of law. Ngonart reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time. These Terms of Use constitute the entire agreement between you and Ngonart with respect to the use of this site and any Ngonart services. Ngonart ’s failure to enforce any right or provision in these Terms of Useshall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
