Terms of Sale
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 Terms and Conditions.
1. Changes to the Ts & Cs. The owner of this Site and its representatives (referred to collectively and individually below as “wDm,” “I”, “me,” or any other first person pronoun) may occasionally update or change these Terms & Conditions. Changes will apply upon their being posted on this Site.
2. Your License to Access and View This Site.
wDm grants you a limited license right to access and view the materials on this Site solely for your own personal, non-commercial use. wDm reserves 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 wDm or any other entity or individual) or website links that wDm has 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. wDm 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 wDm. The only exceptions to wDm’s exclusive ownership are: (1) that, between you and wDm, you may own any content that you post on this Site or that you send wDm via email, and (2) certain graphic or other creative elements used on this Site are licensed by wDm Galleries 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 wDm emails or otherwise provide any content, materials, or information, as stated above, that’s yours. However, at the moment of posting (and forever after) you grant wDm (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 wDm. To keep things simple, wDm will not have to account for or report any of this to you.
Additional provisions that apply to your posted comments and emails:
To sum up, EVERYTHING described in the preceding bullet points is strictly prohibited. wDm reserves the right to remove any content, including yours and/or other visitors posts, for any reason or no reason, but wDm will not have any obligation to you or anyone else to do so.
Your privacy is important. wDm does not require that you provide any personally identifiable information to access and use this Site. You may voluntarily provide personally identifiable information, but that’s up to you. wDm may post certain promotions, offers, services, or events that require personally identifiable information for your participation, but your participation (or decision not to participate) is always your own choice. If any personally identifiable information is required, it will be made clear to you that you are providing such information. wDm may, in his sole discretion, use any information gathered in connection with your use of the Site, but only for legitimate business purposes (including any purpose contemplated in these Terms and Conditions) and/or as necessary to enforce or comply with these Terms and Conditions.
For legitimate business purposes, wDm may provide this information to others, such as vendors or others with whom wDm does business. These third party folks, as well as any other folks to whom you provide your information, will be subject to their own privacy policies (if any).
Additionally, if the cops or anyone else with a badge, subpoena, court order, demand, or government post comes calling for any Site visitor’s information, if the request looks legitimate to wDm, wDm will comply as wDm deems appropriate under the circumstances. That is, disclosure in this instance is wDm’s call to make in my own discretion.
In general, wDm will not sell any visitor provided information or information gathered in connection with visitors’ use of this Site. However, wDm may transfer it to a third party if your info is part of a larger sale that also involves other assets (such as the Site, itself). If this ever happens, wDm will try to make any permitted transfer of your information that is part of a sale subject to terms that are substantially similar to these. No guarantees or promises, however -- wDm probably won’t turn away good money over this issue, but wDm will give it the old college try.
In general, wDm won’t bug you (emails or otherwise). And, if you do not provide me with your email, I’ll have no means to do so. However, if you’ve provided me with your email address, wDm may (occasionally, as wDm thinks not too pushy) send you emails relating to this Site. This means that by providing me with your email address (if you do), you are opting-in to receiving such emails from me. At any time, you are free to respond to such email and let me know that you do not want any more emails from me (that is, opt out). wDm will do his best (in a commercially reasonable sense) to not email you, if you clearly opt out.
6. 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.
7. Terms of Sale.
wDm 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, “wDm Products”). All wDm Gallery 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 return and refund policies), if any, will apply to the sale and delivery of any wDm Products, including by way of example, photo books and t-shirts. wDm IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY wDm Products, INCLUDING WITHOUT LIMITATION, THE DELIVERY, QUALITY, PERFORMANCE, REFUND, RETURN, REPLACEMENT, AND USE OF ANY wDm Product, AS WELL AS ANY HARM OR DAMAGE ARISING FROM ANY wDm Product.
NO wDm PRODUCT WARRANTIES BY wDm. With respect to all wDm Products, wDm 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 wDm 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.
8. NO LIABILITY.
NEITHER wDm NOR THE wDm ESTATE, REPRESENTATIVES, FAMILY, ASSOCIATES, VENDORS, LICENSORS, OR OTHER RELATED PERSONS OR ENTITIES WILL HAVE ANY LIABILITY WHATSOEVER TO YOU OR ANYONE ELSE, RELATED TO OR ARISING FROM ANY ACCESS TO OR USE OF THIS SITE (INCLUDING ANY PORTION OF THIS SITE AND ANY CONTENT MADE AVAILABLE ON OR MENTIONED ON THIS SITE). THERE ARE TWO EXCEPTIONS TO THE FOREGOING SENTENCE: (1) ANY INTENTIONAL BREACH BY wDm OF SECTION 5 (PRIVACY), ABOVE, THAT CAUSES HARM OR DAMAGE OF WHICH wDm HAD ACTUAL KNOWLEDGE, AND (2) ANY BREACH OR VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS.
wDm’S TOTAL LIABILITY, INCLUDING THE LIABILITY OF ALL THE PEOPLE AND ENTITIES LISTED IN THE PARAGRAPH ABOVE (EXCLUDING YOU, OF COURSE), WILL NOT, IN ANY EVENT, EXCEED US$1.00. THIS CAP WILL BE CALCULATED COLLECTIVELY, IN AGGREGATE, ACROSS ALL PARTIES, ALL EVENTS AND ALL LIABILITIES AND DAMAGES, INCLUDING ALL AMOUNTS AND LIABILITIES PAID TO AND OWED TO YOU AND ALL OTHER PEOPLE AND ENTITIES IN THE UNIVERSE FOR ANY AND ALL ACTS, OMISSIONS, LIABILITIES, CIRCUMSTANCES, AND EVENTS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
9. 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 wDm NOR wDm’S ESTATE, ASSOCIATES, FAMILY, LICENSORS, VENDORS, OR OTHER RELATED PERSONS OR ENTITIES WARRANT THAT THIS SITE OR ANY PORTION OF IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO wDm 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 wDm 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.
10. Indemnification. If you make a mess, you clean it up. That is, you agree to indemnify wDm (and all the folks listed in the first full paragraph of Section 6) and hold wDm (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 wDm wrongfully caused the liability, damage, or other hoo-haa. But, if wDm caused it and you made it worse in any way, your back on the hook to the extent you made it worse.
11. Trademark Info. wDm Gallery, wDm, and any associated logos are the trademarks of wDm. All other products and brand names are trademarks and/or registered trademarks of their owners. Unless wDm says otherwise in plain, clear writing, nothing in these rules or this Site grants any rights or license to use any of wDm’s trademarks or third party trademark for anything anyhow.
12. 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 wDm. 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.
13. 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. wDm does not control such Third Party Site Operators and is not obligated to regularly review their websites or business practices. wDm 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.
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 Terms are the entire agreement between you and me with regard to your use of this Site and any acts or omissions in relation hereto.
Note: These Terms 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 Terms are serious stuff – they are legally binding and affect your rights.