TERMS OF USE - WALKER DESIGN WORKS WEBSITE

Your Agreement with Walker Design Works:

Welcome to this Walker Design Works website. Following are the terms and conditions that govern your use of this site.

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WALKER DESIGN WORKS ("WALKER DESIGN WORKS " "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

Acceptance
iBy visiting or using this website, www.walkerdesignworks.com, owned by Walker Design Works, including all content and funtionality available through the walkerdesignworks.com domain (collectively, the "Site" or "walkerdesignworks.com", "we", or "us", as appropriate), you agree to be bound by the following Terms of Use. The Terms also apply to individuals or entities on whose behalf a suer acesses the Site.

We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your contihnued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibilityy to regularly review the Terms.

Ownership of This Website
This website is owned and operated by Walker Design Works. 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 Walker Design Works.

All elements of Walker Design Works 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 Walker Design Works, 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 Walker Design Works unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify Walker Design Works against any losses, expenses, costs or damages incurred by Walker Design Works as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Trademarks
"Walker Design Works ," Walker Design Works Gallery " and the HHB Gallery logos are the property of Walker Design Works. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, Walker Design Works, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimers
THIS WEBSITE AND ITS CONTENT AND ITEMS SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" AND WALKER DESIGN WORKS 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. WALKER DESIGN WORKS 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 WALKER DESIGN WORKS, 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 of Use or elsewhere on this website, or as otherwise required by applicable law, neither Walker Design Works 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.

Walker Design Works 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 Walker Design Works website; however, these other websites are not controlled by Walker Design Works 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 Walker Design Works 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.

Unauthorized Use
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize any of our images without our permission or other than for the usage indicated on our invoice, or prior to paying that invoice in full, we agree that we may forego our right to sue you for copyright infringement and you agree in such case, to pay as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such authorized use within two weeks of receipt of invoice. You will provide three copies at no cost to Licensor of the printed or digital piece and identify the URL for all Web published work.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Texas, 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 Texas in Kaufman County.

No Waiver, Severability
No action of Walker Design Works, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms 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 of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Walker Design Woks and you relating to your use of this website.