Terms & Conditions

IMPORTANT INFORMATION

Terms are Binding. These terms and conditions govern your use of the danromerosculpting.com website (the “Site”); by using this Site, you accept these terms and conditions in full and you agree to be bound by these terms. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Site.

All sculpture, Copyright Dan Romero. Reproductions strictly forbidden. All rights reserved under the International and Pan American Copyright Conventions by Dan Romero. Violators will be prosecuted to the full extent of the law.

Cookies and Tracking Technology. The Site may use cookies, web beacons and other technology that tracks your use to enhance the operation of the Site. By using the Site you are agreeing to these terms and conditions, you consent to the Site’s use of cookies, web beacons and other tracking technologies in accordance with the terms of the Site’s Privacy Policy.

LICENSE TO USE WEBSITE

Ownership of IP. Unless otherwise stated, Dan Romero and Site (collectively “Owners”) own the intellectual property rights in and to all aspects of the website, including, but not limited to, all material on the website. Except as specifically set forth in these terms and conditions, all rights are reserved by Owners.

You may view, download for caching purposes only, and print webpages or portions of webpages from the website for your own personal use, subject to the restrictions set out in these terms and conditions.

Agreed Limitations. By accessing the Site, you agree that you shall not:

republish material from the Site (including republication on another website);

sell, rent or sub-license material from the Site;

show any material from the Site in public;

reproduce, duplicate, copy or otherwise exploit material on this Site for any commercial purpose;

edit or otherwise modify any material on or from the Site; or

redistribute material from the Site.

ACCEPTABLE USE

No Malicious Use. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus, adware, click bait, spyware, fishing app, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

No Unlawful Use. You must not use the Site in any way that causes, or may cause, damage to the Site or its servers or impairments of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

No Data Mining. You must not conduct any data mining or any systematic or automated copying or analysis of the data on the Site.

No Spam. You must not use this website to transmit or send unsolicited commercial communications.

PROHIBITED CONTENT – Users are prohibited from, and shall not encourage, the posting of any user content which may be deemed prohibited content or any content which infringes intellectual property rights, publicity rights, privacy rights or any other third party rights. Prohibited content also means any content not posted by Owners that is obscene, pornographic, defamatory, libelous, infringing the rights of others, abusive, or illegal content, that promotes hate or discrimination, facilitates the sale of firearms or illegal drugs, or that participates or encourages participation in, illegal activities.

NO WARRANTIES

THIS SITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS SITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS SITE.

WITHOUT PREJUDICE OR LIMITATION TO THE GENERALITY OF THE FOREGOING PARAGRAPH, OWNERS DO NOT WARRANT THAT:

THIS SITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR

THE INFORMATION ON THIS SITE IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING.

FOR CLARIFICATION, AND WITHOUT LIMITING THE FOREGOING, OWNERS DISCLAIM ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON OWNERS OR SITE FOR ANY PARTICULAR INFORMATION, SKILL, OR ADVICE.

LIMITATIONS OF LIABILITY

No Liability to You. Owners will not be liable to you (whether under contract law, tort law or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site.

No Liability to Others. Owners will not be liable to you or anyone else for any indirect, special, incidental, or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Limitations Apply Regardless of Notice. These limitations of liability apply even if Owners have been expressly advised of the potential loss.

Limited Exception to Limitations. Nothing in this website disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit.

REASONABLENESS

Exclusions are Reasonable. By using the Site, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use or otherwise remain on the Site.

OTHER PARTIES

No Claims Against Owners. You agree that you will not bring any claim personally against Dan Romero or Owners or Owners’ officers or employees in respect of any losses you suffer in connection with the Site.

Terms Protect Owners. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect Dan Romero, Owners, and Owners’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors from any actions by you.

INDEMNITY – You hereby agree to indemnify Owners and undertake to hold Owners harmless against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Owners to a third party in connection with the settlement of any claim or dispute on the advice of Owners’ legal advisers) incurred or suffered by Owners arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS – Without prejudice to Owners’ other rights under these terms and conditions and/or under law, if you breach these terms and conditions in any way, Owners may take such action as Owners deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, removing you from any fan clubs, removing you from any communications lists, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

VARIATION – Owners may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. You agree to check this page regularly to ensure you are familiar with the current version.

COPYRIGHT POLICY

Respect for Copyrights. We respect the intellectual property rights of others, and we ask that users of the Site, including you, do the same.

Notice of Alleged Infringement. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide Site with the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works along with relevant ownership claims.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site as service provider to locate the material.

Information reasonably sufficient to permit the Site as service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information specified above must be sent using the following contact information:

danromerosculpting.com – DMCA Department

E-mail: danromero1@mac.com

False Notice. Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

No Confidentiality. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

SEVERABILITY – If a provision of these terms and conditions, including, but not limited to, the other policies included on this website (i.e. the Privacy Policy) is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT – These terms and conditions, together with the other policies included on this website (i.e. the Privacy Policy) constitute the entire agreement between you and Owners in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION – These terms and conditions shall be governed by and construed exclusively in accordance with the law of the State of Arizona without regard to its conflicts of laws principles. All actions or proceedings arising out of or related to these terms and conditions shall be litigated in any local, state or federal court located in Maricopa County, Arizona. You hereby expressly consent to personal jurisdiction in any local, state or federal court located in Maricopa County, Arizona and hereby waive any objection to process based on personal jurisdiction.

OWNERS’ DETAILS

The full name of the Site owner for correspondence purposes is:

Dan Romero

You can contact Owners by email to danromero1@mac.com