wDmGallery.com
Website & Sales Terms


Thank you for visiting wDm Gallery! The following Website & Sales Terms apply to your access to, use of, and interactions with the Site (as defined below) and Source Works, Inc. as well as any Products you may purchase (please see Section 7 below for the definition of “Products”). Third party privacy policies, website terms, and terms of sale may also apply to your interaction with them and purchase of Products.

By visiting www.wDmGallery.com or any part of it (collectively and individually referred to below as the “Site”), you agree to be legally bound by and comply with all of these Website & Sales Terms (collectively and individually referred to below as “SWI Terms & Conditions”).

1. Changes to the Ts & Cs.

The owner of this Site, Source Works, Inc., and its representatives, shareholders, directors, officers, and employees (referred to collectively and individually below as “SWI,” “we,” “us, or “our”) may occasionally update or change these SWI Terms & Conditions. Changes will apply upon posting on this Site.

2. Your License to Access and View This Site.

SWI grants you a limited license right to access and view the materials on this Site solely for your own personal, non-commercial use. We reserve the right to revoke this license right at any time for any reason or no reason at all, with or without notice.

You may not modify this Site or any of the content on it, or remove or obscure any attribution (that is, any statement that attributes the work to SWI, wDm Gallery, or any other entity or individual) or website links that we have placed on any part of this Site or in the content on this Site. This provision is a condition upon which the limited license rights granted to you above are based. Thus, if you breach or violate any part of this provision, all of the stated license rights granted to you in this Section 2 immediately evaporate, as if they were never there.

3. Ownership.

SWI owns all rights, title, and interest -- the whole shebang -- in all content, graphics, text, works, ideas, inventions, and whatnots on this site. This ownership is exclusive and solely vests in SWI. The only exceptions to SWI’s exclusive ownership are: (1) that, between you and SWI, you may own any content that you post on this Site or that you send SWI via email, and (2) certain graphic or other creative elements used on this Site are licensed by SWI and are owned by their respective owners (click here for further information). However, your posts and emails are subject to further rules below, so please keep reading.

4. Blog Posts, Emails and Other Input from TV Land.


If you post comments to any blog on the Site or send SWI emails or otherwise provide any content, materials, feedback or information, as stated above, (as between SWI and you) your own that content and information. However, at the moment of posting (and forever after) you grant SWI (and his representatives, designees, and licensees) a completely unfettered, unrestricted, unbounded, worldwide right and license to use; copy; reproduce; modify; make derivative works from; publicly and privately publish, perform, and display; transform; transmit; incorporate into and/or sync with other works; and otherwise exploit (in any manner possible, either now or in the future) your comments, emails, smoke signals and any other input, content, materials, feedback, info or the like that you provide SWI. To keep things simple, SWI will not have to account for or report any of this to you and you agree to that.

Additional provisions that apply to your posted comments and emails:


    To sum up, EVERYTHING described in the preceding bullet points is strictly prohibited. We reserve the right to remove any content, including yours and/or other visitors posts, for any reason or no reason, but we will not have any obligation to you or anyone else to do so.

    5. Use of this Site and Connected Servers.

    You may not, under any circumstances, access or use this website or any computer server associated with it for any purpose other than the purposes specifically stated in these rules and/or on this website.

    By way of example, you may not: (1) transmit, copy, upload, or otherwise introduce or distribute a virus, time bomb, back-door, Trojan horse, lock-out device, worm, or other malicious programming; (2) circumvent or otherwise break or crack any security measures; (3) hack, modify in any way, or delete any software settings, programming, coding, or other stuff like that; (4) reverse engineer or otherwise discover passwords that are not your own; or (5) do other bad stuff like the foregoing.

    6. Sales Terms.

    SWI does
    not sell any of the products displayed, referenced, or marketed on this Site or sold via any third party website (collectively each and all of the foregoing, “Products”). All Products are manufactured, sold, delivered, and warranted (to the extent any warranty may apply), solely by third parties (“Sellers”). For example, wDm Gallery photo books are currently manufactured, sold and delivered by Lulu and wDm Gallery t-shirts are currently manufactured, sold, and delivered by shirtmagic.com. Each such Seller’s terms and conditions of sale (including warranty, return, and refund policies), if any, will apply to the sale and delivery of the Products, including by way of example, photo books and t-shirts. SWI IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY Products, INCLUDING WITHOUT LIMITATION, THE DELIVERY, QUALITY, PERFORMANCE, REFUND, RETURN, REPLACEMENT, AND USE OF ANY Product, AS WELL AS ANY HARM OR DAMAGE ARISING FROM ANY Product.

    NO PRODUCT WARRANTIES BY SWI. With respect to all Products, SWI PROVIDES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE PRODUCT WILL BE FREE FROM ERROR OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. YOUR STATE LAWS MAY LIMIT OR PRECLUDE THE FOREGOING DISCLAIMERS; HOWEVER YOU AGREE THAT THE FOREGOING DISCLAIMERS WILL APPLY TO YOU TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE STATE LAW.

    7. NO LIABILITY
    .

    IN NO EVENT SHALL SOURCE WORKS, INC., ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, VENDORS, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE (INCLUDING EACH AND EVERY WDM GALLERY STORE ON A THIRD PARTY PLATFORM, INCLUDING WITHOUT LIMITATION THE WDM GALLERY STORES ON CAFEPRESS.COM, ZAZZLE.COM, SHIRTMAGIC.COM, AND FINEARTAMERICA.COM), THE PRODUCTS AND SERVICES, OR THE CONTENT MARKETED AND/OR SOLD THROUGH THIS SITE OR ANY OF THE WDM GALLERY STORES ON THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WDM GALLERY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WDM GALLERY OR SOURCE WORKS, INC.’S RECORDS, PROGRAMS OR SERVICES.

    YOU AGREE THAT THE FOREGOING LIMITATIONS ARE REASONABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT ANY PORTION OF THE FOREGOING LIMITATIONS OF LIABILITY ARE UNENFORCEABLE, THEY WILL BE MODIFIED TO LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    8. No Warranties.

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND ALL CONTENT POSTED ON OR CONTAINED WITHIN IT IS AT YOUR SOLE RISK. NEITHER SWI NOR SWI’s ASSOCIATES, LICENSORS, VENDORS, OR OTHER RELATED PERSONS OR ENTITIES WARRANT THAT THIS SITE OR ANY PORTION OF IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SWI OR THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE.

    THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

    NEITHER SWI NOR ANY OF THE PARTIES LISTED OR DESCRIBED IN THE FIRST PARAGRAPH OF THIS SECTION 8 ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.



    9. Indemnification.


    If you make a mess, you clean it up. That is, you agree to indemnify SWI (and all the folks listed in the first full paragraph of Section 6) and hold SWI (and all those folks) harmless for any and all liabilities, damages, losses, costs, expenses, fees, injuries, penalties, and any other hoo-hah that arises from or relates in any way to: (1) your (including anyone under your supervision, guidance, or control) use of this website, any parts of it, any materials on it, and any projects mentioned on it; and/or (2) any breach or non-compliance with any rule (or part of a rule) by you or anyone under your supervision, guidance, or control. However, your duties under this Section 7 will not apply to the extent that SWI wrongfully caused the liability, damage, or other hoo-haa. But, if SWI caused it and you made it worse in any way, you’re back on the hook (i.e., liable) to the extent you made it worse.


    10. Trademark Info.

    Source Works, Inc., wDm Gallery, wDm, and any associated logos are the trademarks of SWI. All other trademarks, trade names, logos, other products and brand names are trademarks and/or registered trademarks of their owners. Unless SWI says otherwise in plain, clear writing, nothing in these SWI Terms & Conditions, Privacy Policy, or this Site grants any rights or license to use any of SWI’s trademarks or third party trademark whatsoever - not for anything, anyhow, anyway, anywhere, anytime.


    11. Information from Children.

    If you are under the age of 13, you should use this Site only with a parent or guardian and should not submit any personal information to SWI. The Site does not intentionally target children under 13. We comply with all applicable laws designed to protect children’s information.
    Children under the age of 13 should not use this Site without obtaining prior parental consent.

    12. Third Party Sites.

    This Site contains links to websites operated by independent third parties (“Third Party Site Operators”). Examples of such other websites include www.lulu.com and www.shirtmagic.com. We do not control such Third Party Site Operators and is not obligated to regularly review their websites or business practices. SWI is not responsible for and accepts no liability with respect to the content, business practices, sales, or other acts or omissions of any Third Party Site Operators. The Third Party Site Operators’ terms and conditions will apply with respect to their websites, sales, and other business activities.

    13. Privacy.

    Your privacy is important to us. Please see our Privacy Policy (click here).

    14. Governing Law, Jurisdiction, and Other Stuff.


    You agree that all matters relating to your access to or use of this website, including all disputes, arguments, and brew-hahas will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state courts of King County, Washington and federal courts of Western District of Washington, and waive any objection to such jurisdiction or venue.

    If any of the provisions of these rules are held by a court or other tribunal to be void or unenforceable, incomprehensible, or just plain nutty, such provisions shall be changed or deleted with as much sensitivity as can be mustered, and also, to most closely approximate the stated or implied intent of the offending provision, and also, so that these rules shall remain in full force and effect.

    These SWI Terms & Conditions, together with the SWI Privacy Policy, are the entire agreement between you and SWI with regard to your use of this Site, your purchase and use of any Products, and any acts or omissions in relation hereto.

    Note: These SWI Terms & Conditions were drafted with a nominal attempt at humor to keep the average reader from falling asleep or putting a noose around their neck while reading – HOWEVER, please keep in mind that these Website Terms, Terms of Sale, and Privacy are serious stuff –
    they are legally binding and affect your rights.