Your Agreement with Tobey C. Moss Gallery:
Welcome to this Tobey C. Moss Gallery website. Following are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Tobey C. Moss Gallery (“THE GALLERY”, “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY PRODUCT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
[dropcap]Ownership[/dropcap] of This Website
This website is owned and operated by Tobey C. Moss Gallery. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software (“Content”), is owned by Tobey C. Moss Gallery, its licensors and its content providers.
All elements of Tobey C. Moss Gallery websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Tobey C. Moss Gallery or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Tobey C. Moss Gallery or its licensors unless otherwise expressly agreed. You shall indemnify Tobey C. Moss Gallery, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
“Tobey C. Moss Gallery,” and its logo is a trademark of Tobey C. Moss Gallery.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Tobey C. Moss Gallery EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Tobey C. Moss Gallery WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Tobey C. Moss Gallery, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Tobey C. Moss Gallery nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
Tobey C. Moss Gallery uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Tobey C. Moss Gallery website; however, these other websites are not controlled by Tobey C. Moss Gallery and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Tobey C. Moss Gallery regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
[dropcap]Governing[/dropcap] Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of California in Alameda County. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Tobey C. Moss Gallery shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Tobey C. Moss Gallery, such action is necessary or desirable.
[dropcap]No[/dropcap] Waiver, Severability
No action of Tobey C. Moss Gallery, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Tobey C. Moss Gallery and you relating to your use of this website.