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  Terms of Use Agreement  
  TygerGilbert.com - The Photo Gallery Website of Tyger Gilbert  
 


Terms of Use Agreement and Legal Disclosure for TygerGilbert.com
Revised on December 12, 2019

I explicitly allow my website to be scanned and data regarding the contents of this site to be stored and displayed by the search engines of Google.com, Bing.com, and DuckDuckGo.com only. The actions of these search engine companies are mutually beneficial to them and to me. Other than the web bots of these three USA-based companies, only real humans using a browser are allowed to access my website. No automated usage is allowed.

Also see Use by Web Bots if you own or use a web spider, crawler, or robot ("bot") that might scan or scrape my website. I specifically prohibit this by any website development, web hosting, or SEO company, or any sales or marketing company, who expects to use my data for free. All text, photos, graphics, programming code, design, layout and all other aspects of my website are my copyrighted intellectual property and may not be scanned, stored, displayed or used in any other way without my express permission and compensation to me. Complete details on: Terms of Use by Web Bots

READ THIS AGREEMENT CAREFULLY.
THIS IS A LEGALLY BINDING CONTRACT.

This website, TygerGilbert.com, is owned by Tyger Gilbert ("I", "Me", "My") and is published on the Internet as a means of displaying and selling my photography products, and to promote the appreciation and respect for wildlife and the natural environment of the world by everyone. You are welcome to access my website provided you agree to these stated Terms of Use. If you do not agree to these terms, do not use my website.

This Terms of Use Agreement describes the terms and conditions applicable to your access to and use of this website to view my photography, read my written articles, and purchase my photographic products and services. I may revise this Agreement at any time by posting the amended Terms of Use on this website, and you state that you agree you will be bound by any changes to the Terms of Use by continuing to use my website. I will post notice of these changes with conspicous links at the bottom of most pages. If you feel these terms are important to you, I suggest you check back and read this page from time-to-time. For your convenience, the date of last revision is also included at the top of this page.

I may make changes in the photographic products and services described on this website and modify my offerings at any time. You understand that I may discontinue or restrict your use of this website for any reason, and that I reserve the right to block or limit access from a particular Internet address, company, or individual at anytime. No notice of these changes will be given.

Use of This Site by Children

My website content is not directed toward children and I do not knowingly collect information from children. If you are under legal age where you live, you must ask your legal guardian for permission to view this website and you may not enter any of your personal information into any form on this website. You must be 21 years of age or older to place an order with me. Nothing on this website would be offensive to parents or their children, but I have no desire to take my time reading and understanding legal regulations regarding the marketing of anything to children or storing information about them, so I just don't bother with it since it is not applicable to me.

Use of Materials on This Website

All components of my website, including, but not limited to, written text, photographs, graphics, artwork, programming code, design, layout, trademarks, logos, and all other aspects of my website are my exclusive intellectual property. The visual and written content of my website is copyrighted and all rights are reserved worldwide. No portion of my website may be scanned, scraped, copied, downloaded, stored, reproduced, reused, distributed, transmitted, modified, displayed or otherwise used in any way without my express permission and compensation to me. Any unauthorized use of my website may violate copyright laws, trademark laws, trespassing laws, and other applicable laws.

I do allow you to download and display specific sizes of some of my photos, as described on the photo page for each individual image, for the purposes of educating people about Nature, getting them to appreciate and have respect for wild animals and the natural environment, and to encourage everyone to use resources in sustainable and non-destructive ways in order to help keep the environment clean and healthy for everything living in it. You must register your use with me, and you agree that your use is to be non-commercial, except for editorial purposes in newspapers, magazines, or broadcast media. You may not reproduce, license, distribute, create derivative works from, transfer, sell or re-sell my photography or any other data, information, content, or services obtained from my website unless you have my express permission and have agreed to compensate me at my stated rates.

To request my permission to use any content displayed on my website, other than described and covered in the paragraph above, please send a message to Authorization@TygerGilbert.com. My failure to reply to any request to use my content must NOT be construed as an implied or explicit permission to use such materials.

Actual or attempted unauthorized use of any part my website by hackers, crackers, data thieves, or anyone else with criminal intent may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. I also reserve the right to view, monitor, and document user activity on any functionality of my website without giving notice or getting permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity. I will also comply with all court orders involving requests for such information. In addition, I reserve the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the functionality, or any portion of functionality of my website, for any reason.

Prohibited Use of Spiders, Crawlers, or Robots

You agree not to use any software (except general purpose web browsers such as Chrome or Firefox) or services that interact or interoperate with my website for the purpose of downloading, uploading, or copying any part of my website or its content for purposes not explicitly allowed by this Terms of Use agreement. You specifically agree not to copy or collect any of my content or data by the use of robots, spiders, scripts, scrapers, crawlers, or any other automated or manual equivalent, including by hand. For more complete details, see: Use by Web Bots

Other Prohibited Uses and Restrictions

You may not use this website in any way which would violate any applicable international, federal, state, or local laws, regulations, or rules, or which would be inconsistent with or contrary to industry or professional codes or standards, contractual or fudiciary obligations, confidentiality requirements, or employer policies or agreements to which you are bound. Prohibited uses include but are not limited to:

Hacking – Violating or attempting to violate any of the security measures of this website, including attempting to test, scan, probe, or hack any part of the website code or content to breach authentication, encryption, or any other security measures, or attempting to interfere with the operation of the website by overloading, flooding, pinging, or crashing it is strictly prohibited. You may not try to reverse engineer, decompile, or disassemble any portion of the website.

Unauthorized Reselling No intellectual property, products, goods, information, or services provided or offered on this website may be sold, resold, rented, leased, copied, licensed, sublicensed, transferred, or assigned without my express written consent and authorization. No product purchased or offered for sale on this website may be used or exported in violation of U.S. export laws and regulations.

Misrepresentation Use of any part of this website to suggest or imply that you are Tyger Gilbert, or are authorized by me to sell or resell any of my information, products, or services without my prior written consent and authorization is prohibited. You may not copy or reproduce any part of my website or my photography and claim it is your own or was created by someone else.

Any deliberate and intentional violations of these prohibitions may subject the individual, corporation, or other entity to civil suit or criminal prosecution to the maximum allowed by any applicable law.

Third-Party Trademark Information

The trademarks, service marks, trade names, and logos of any other company or individual displayed on my website are the registered or unregistered trademarks of their respective owners. You must contact the owners regarding permission to use them for any purpose.

Outside Links

I provide hyperlinks from my website to other websites only as a convenience to my users. I may or may not endorse such third parties or the contents of their websites, but I have no legal connection or relationship to any of them. I have no control over their websites, and I make no representation or warranty regarding the fitness of use of these websites by you, and I disclaim all liability with respect to such websites. By using these links, you understand and agree that such use is at your own risk.

Links to My Website

I'm happy to have you put a link to my website on your website. You may link to my main Welcome page, a Gallery page, or any specific Photo page you prefer, and you may create a text link or a graphic link with any of the text or images provided for you on my Link to My Site page. The HTML code for each link shown is also provided for you there. The graphics provided must be copied and hosted on your webserver.

Unless otherwise set forth in an express written agreement between you and me, you must adhere to my linking policy as follows:

1. The text or graphics provided may not be modified without my approval of the final results,

2. The position, surrounding content, and other aspects of the link may not be such as to damage my reputation or dilute the goodwill associated with my name and trademarks,

3. The position, surrounding content, and other attributes of the link may not create the false appearance that you, your organization, or other entity is sponsored by, affiliated with, endorsed by, or otherwise associated with me,

4. When selected and used by a visitor, the link must display my website as I have written and programmed it, and on full-screen and not within a "frame" on the linking website, and

5. I reserve the right to revoke my consent to the link at any time and in my sole discretion.

6. Unauthorized use or misrepresentation of any of my photos, logos, designs, images, slogans, or trademarks in conjunction with the external links is not permitted.

These limitations do not apply to listings with links to my website shown in the search results of Google.com, Bing.com, or DuckDuckGo.com. I have no control over them or requirements regarding their links to my website.

LEGAL DISCLAIMERS AND LIMITATION OF LIABILITY

I assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of any content or other part of my website. Your use of my website is at your own risk. Under no circumstances shall I be liable for any damages, including, without limitation, direct, incidental, special, consequential, indirect, or punitive damages, lost profits, lost data, or business interruption arising out of or your access to, inability to access, or use of, my website even if I have been advised of the possibility of such damages. I do not warrant that my website will be uninterrupted or error free, or that my website, or any of its content, or server for the website is free of viruses or other harmful code. If your use of my website or its content results in the need for servicing or replacing property, material, equipment, or data, I am not responsible for those costs.

Without contradicting or limiting the foregoing, my website and the content, products, and services of it are provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOT-INFRINGEMENT. I MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. In jurisdictions that prohibit or limit warranty or liability disclaimers, my liability shall be limited to the fullest extent allowed by law.

Location

My Website is operated by me, Tyger Gilbert, from my studio in Phoenix, Arizona, in the United States. I make no representation that the functionality or the content of my website is available or appropriate for use in any other location. If you choose to access my website from outside of Arizona, most specifically from California or locations outside the United States, you agree to do so on your own initiative and are entirely responsible for compliance with applicable state and local laws, including the European Union.

Privacy Policy

By agreeing to these terms, you acknowledge that I may collect, use and disclose your information only as described in my Privacy Statement.

Taxation

You agree that you shall be responsible for the payment of all sales, use, vat, and other similar taxes relating to any online purchase of any product or service from TygerGilbert.com regardless of your actual location.

Miscellaneous General Provisions

I may revise these Terms of Use from time-to-time with the revisions taking effect as of the date of its posting. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect and shall be enforced to the greatest extent possible. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. My failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive my right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and me with respect to the subject matter hereof.

Choice of Law and Forum

All claims arising out of this Agreement or relating to my website will be governed by the laws of the State of Arizona, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to my website shall be brought exclusively in a state or federal court in or for Phoenix, Arizona, USA, and you hereby consent to the exclusive jurisdiction of such courts. Any claim or cause of action you may have with respect to this Agreement or regarding my website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

If you have any questions or comments, or you wish to be removed (opt-out) from my email list, you are welcome to Contact Me at anytime.

Copyright 2019 TygerGilbert.com. All rights reserved.
 

 
 
 

 

 

 

 

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Copyright 2021 by Tyger Gilbert.  All rights reserved worldwide. No portion of this web site, including text, images, videos, or source
code may be scanned and stored in any way or reproduced without the express written permission of Tyger Gilbert, Phoenix, AZ, USA.
Unless otherwise indicated, all photos on this site are by Tyger Gilbert and are Copyrighted 2021 by Tyger Gilbert.
Photo of Tyger Gilbert on masthead is by Al Tomas, Phoenix, Arizona, USA
Website is designed, programmed, and hosted by Tyger Gilbert.

 
 

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Tyger Gilbert