Terms of Use
1. Who We Are.
Yellowhammer Press is a website owned and operated by Ryan Galloway and Brannon Woods.
2. Definitions.
The terms “we” and “us” as used herein refer to Yellowhammer Press. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
3. Modifications.
Yellowhammer Press reserves the right to modify these Terms of Use and any other policies affecting the website at anytime. Any modification made will become effective immediately on the posting of the new terms on this website. You agree to the modifications to the Terms of Use by continuing to use the website as soon as the modified Terms of Use are posted.
4. Purpose.
We post original content in the form of blog posts and other material on the site. We also allow selected artists (”Artists”) in a variety of disciplines to post their art and/or representations of their art (the “Artist Materials”) on this website (the “Website”). We permit Users who agree to these Terms of Use to view such Artist Materials on this Website. Users may also contact the Artists directly to purchase artwork or art-related services. Any communications or transactions between Users and Artists are handled between the Users and the Artists and we are not involved and take no responsibility whatsoever in connection with those activities.
5. Restrictions.
You agree to the following restrictions:
(a) You will not send email or other communication to the artist/groups represented on our website that is defamatory, obscene, threatening, abusive or hateful.
(b) You will not access data not intended to be accessed by Users of the site or attempt to probe, scan or test the vulnerability of our site or attempt to interfere with any service available on our site, take other actions which impose an unreasonable or disproportionate load on our site, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from our site, forge any email address, newsgroup or name in connection with this site and/or use a password, name or identification which is not your own in accessing our site.
6. Copyright Information.
You understand and recognize that:
The material on this Website, with the exception of Artist material in Artist Profiles, is protected by a Creative Commons Attribution Noncommercial Share Alike license and may be reproduced for noncommercial use when attributed to Yellowhammer Press. Copyrights in the Artist Profiles are owned by the Artists. You agree you will not copy any of the graphics, images, artwork, text, video or audio on the Artist Profiles on this website without the express written permission of the owner of the copyrights in that material.
7. Hiring Artists or Buying Artwork.
You agree that if you desire to purchase any art or services from any Artist you will be dealing directly with that Artist and you do understand and agree that we are in no way responsible for whether the Artist fulfills the responsibilities of the Artist under any agreement with you and/or whether you are happy with the Artists’ art and/or services.
8. Non-U.S. Residents.
We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. Users. Visitors are responsible for compliance with their applicable local laws.
9. Disclaimer of Warranties.
THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
11. Links.
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
12. Indemnity.
You agree to indemnify us and hold us, and our employees, subcontractors and suppliers, (we and all indemnified parties being referred to herein as the “Indemnified Parties”) harmless from any and all losses, including, but not limited to, attorney’s fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Agreement. You further agree to indemnify and hold each of the Indemnified Parties harmless from any and all losses, including, but not limited to, attorney fees, that any one or more of the Indemnified Parties may incur as a result of any claims by you against any one or more of the Indemnified Parties even if such claim is based on the negligence of any one or more of the Indemnified Parties.
13. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately.
14. Jurisdiction.
The terms of this agreement will be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed in New York. ANY ACTION BASED ON OR ALLEGING A BREACH OF THIS AGREEMENT OR OTHERWISE RELATING TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT LOCATED IN KINGS COUNTY, NEW YORK. IN ANY SUCH ACTION, IF WE PREVAIL, WE SHALL BE ENTITLED TO ALSO RECOVER OUR LEGAL FEES AND COSTS.
15. General.
These Terms of Use constitute the entire agreement between you and us with respect to this website. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect.
If you have any questions about these Terms of Use please contact info@yellowhammerpress.com.
