Terms of Use

 

These Terms of Use (the “Terms”) govern your access to and use of the www.gettysone.com  website and its subdomains (the “Site”) and any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Site (collectively, the “Content”). By accessing or using the Site, you agree to be bound by these Terms. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and Gettys Group, Inc. (“Gettys Group,” “we,” “us”).

 

Privacy Policy

We are committed to protecting the privacy of your information. Please review our Privacy Policy at www.gettysone.com   for details about how we collect, use, and disclose your information in connection with your access and use of the Site. By accessing or using the Site, you agree to the terms of our Privacy Policy.

 

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available through the Site is not accurate, complete, or current. The material offered through the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the Content provided through the Site is at your own risk. The Content may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content offered through the Site at any time, but we have no obligation to update any Content. You agree that it is your responsibility to monitor changes to our Site.

 

Intellectual Property and Use of Site

The Site and its Content are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed in the Content of the Site are our property, unless as otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Content for commercial or public purposes without our express authorization. You may copy material in limited quantities from the Content for your personal noncommercial use, provided that our copyrights notice is affixed to the copied material. We reserve the right to terminate at any time your permission to make personal copies of material from the Content. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Gettys Group.

 

Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site solely for your personal use.

 

We may display advertisements or other content from third parties on the Site, such as banner advertisements, pop-up windows, and links to third-party websites. We are not responsible for such advertisements and content, or for any products, services, or other materials relating to such advertisements or content. Your linking to any sites from the Site is at your own risk. We do not endorse the website operator or content of any third-party website.

 

You are prohibited from using the Site to post or transmit any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Site, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Site.

 

We do not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. We welcome your comments and suggestions regarding the Site, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products.

 

Apart from the personal information covered under our Privacy Policy, any and all communications or materials sent through the Site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary. By submitting material to us, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to through the Site for any purpose whatsoever, including, but not limited to, developing and marketing products and services, without liability or compensation to you.

 

By using the Site, you may submit, or we may gather, certain limited information about you and your usage of the Site. Subject to the terms of our Privacy Policy, we are free to use such information for any purpose we deem appropriate. 

 

Disclaimer of Warranties

To the extent permitted by applicable law, the site is provided “as is,” without warranty of any kind, either express or implied. We do not guarantee, represent, or warrant that your use of the site will be uninterrupted, error free, or virus free, or that the site will meet your requirements. Information obtained through the site has not been verified, and we do not guarantee, represent, or warrant that such information is accurate, complete, reliable, or otherwise valid.

 

We disclaim all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchantability, fitness for a particular purpose, or any warranty arising from a course of dealing, trade usage, or trade practice.

 

Limitation of Liability

You acknowledge and agree that use of the site is at your sole risk. You further acknowledge that we assume no liability or responsibility for any damage to you, your computer, or your other property due to your access to or use of the site or any materials provided on the site. You acknowledge that information transmitted through the internet is never completely secure. Neither Gettys Group, nor any of our employees, affiliates, agents, representatives, or licensors (collectively, “associates”) shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys’ fees, or for lost data or lost profit, arising out of your use of the site or inability to gain access to or use the site or out of any breach of any warranty, even if we or an associate has been advised of the possibility of such damages or such damages were foreseeable.

 

Your sole right and remedy with respect to any dispute with Gettys Group is to stop using the site. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent permitted by law. If the foregoing limitations are unenforceable, you agree that Gettys Group’s liability to you under these terms shall not exceed the amounts paid by you to Gettys Group in the three (3) months prior to the accrual of any such claim.

 

You agree to defend, indemnify, and hold harmless Gettys Group and our associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the site by you, or in connection with a violation or breach of these terms by you, including without limitation, your violation of any laws governing communications or intellectual property.

 

You acknowledge and agree that any and all disclaimers in these terms and the provisions of these terms reflect a fair and reasonable allocation of risk between Gettys Group and you.

 

Prohibited Uses

You may use the Site only for lawful purposes and only for your personal noncommercial use. You are responsible for any communications you make to us through the Site. We prohibit the use of our Site for any of the following: submitting information that is false, inaccurate, or not your own; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless you are the copyright owner or you have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the Site to foreign nations in violation of applicable export control laws; or attempting to use the Site to gain unauthorized access to our networks or otherwise interfering with our network security.

 

Applicable Law

You agree that the laws of the State of Illinois , without regard to the conflict of laws principles, shall govern these Terms and any dispute arising out of your use of the Site or material from the Site that might arise between you and Gettys Group. The federal and state courts of the State of Illinois shall have exclusive jurisdiction over all claims. Notwithstanding the foregoing, you agree that we may, in our sole discretion, bring a claim in any forum in which personal jurisdiction can be exercised.

 

Unless otherwise specified, the Site and its Content are solely for promoting products, programs, and business operations within the United States. Materials from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. We prohibit your downloading or exporting of materials from the Site in violation of United States Export Laws and the laws of your resident country. By downloading materials from the Site, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

 

Right of Modification and Termination

We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

 

We reserve the right, without notice and for any reason, to remove any Content from the Site, correct any errors, inaccuracies, or omissions in any Content on the Site, change or update any Content on the Site, and to deny access of any user(s) to all or any part of the Site at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Questions and Feedback

If you have any questions or comments about these Terms, please contact us at:  jzeitner@gettys.com