Terms and Conditions
Agreement Between User and davebownprojects.com
Welcome to davebownprojects.com
The davebownprojects.com website (the "Site") is comprised of various web pages operated by Dave Bown Projects. davebownprojects.com is a ecommerce site.
davebownprojects.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of davebownprojects.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting davebownprojects.com or sending emails to Dave Bown Projects constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Dave Bown Projects does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use davebownprojects.com only with permission of a parent or guardian.
Payments to the Site
By purchasing products and / or services on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Dave Bown Projects may use the services of third parties, including PayPal.
Dave Bown Projects does not offer refunds.
If you have a question about charges made to your debit card, credit card, or PayPal account please contact us immediately. If the charges were made in error (e.g., you inadvertently paid two entry fees), we will immediately credit your debit card, credit card, or PayPal account the appropriate amount.
Dave Bown Projects has a zero tolerance policy for chargebacks. Any client who disputes a credit card payment that is found to be valid will be permanently blacklisted. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Winners shall be solely responsible for all federal, state, and local taxes. Winners will be issued a 1099-MISC (U.S. IRS Form for Miscellaneous Income) in the amount of the Prize.
Links to Third Party Sites / Third Party Services
davebownprojects.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dave Bown Projects and Dave Bown Projects is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dave Bown Projects is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dave Bown Projects of the site or any association with its operators.
Certain services made available via davebownprojects.com are delivered by third party sites and organizations (e.g., PayPal, Constant Contact). By using any product, service or functionality originating from the davebownprojects.com domain, you hereby acknowledge and consent that Dave Bown Projects may share such information and data with any third party with whom Dave Bown Projects has a contractual relationship to provide the requested product, service or functionality on behalf of davebownprojects.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dave Bown Projects or its suppliers (e.g., artist, gallery, museum, etc.) and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dave Bown Projects content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dave Bown Projects and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dave Bown Projects or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Dave Bown Projects from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dave Bown Projects Content accessed through davebownprojects.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Dave Bown Projects, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dave Bown Projects reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dave Bown Projects in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAVE BOWN PROJECTS AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES IN THE SITE AT ANY TIME.
DAVE BOWN PROJECTS AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAVE BOWN PROJECTS AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / Access Restriction
Dave Bown Projects reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dave Bown Projects as a result of this agreement or use of the Site. Dave Bown Projects's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dave Bown Projects's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dave Bown Projects with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dave Bown Projects with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dave Bown Projects with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
If performance of this declaration of any obligation under this declaration is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstance to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act of omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, of affiliates.
Effective as of:
2 February 2014