DOCUMENT LANGUAGE
Visual Perception by Stephen Stewart, Stephen Stewart, ssvisualpercpetion.com, DeanMark Inc., deanmarkinc.com, stephenstewartphotography.com, ssproofs.com, and all associated personnel are referenced as "We" and "Us", regardless of typographical error or capitalization. Visual Perception by Stephen Stewart is often referenced in this document as "Visual Perception." DeanMark Inc. is often referenced in this document as "DeanMark."
Use of this website is offered to you on your acceptance of these TERMS OF USE. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these TERMS OF USE. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use any areas of our website.
Stephen Stewart and DeanMark Inc. shall have the right, at their sole discretion, to modify, add, or remove any terms or conditions of these TERMS OF USE without notice or liability to you. Any changes to these TERMS OF USE shall be effectively immediately following the posting of such changes on this website. The most recent version of these TERMS OF USE may always be found at this permanent link.
You agree to review these TERMS OF USE from time to time and agree that any subsequent use by you of this website following changes to these TERMS OF USE shall constitute your acceptance of all such changes. These TERMS OF USE were last modified on Saturday, August 22, 2009.
The BOLDED SECTION TITLES in this document are solely for convenience only and have no legal or contractual effect. We reserve the right to modify or clarify any part of this document for any reason.
DISCLAIMER
This website is for informational purposes only. It is provided to you solely for sample material purposes, and not for purposes of resale or distribution. You may not display, download, archive, reformat or print any information on this website for commercial use.
The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Stephen Stewart and DeanMark Inc. shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.
Stephen Stewart and DeanMark Inc. reserve the right, at their sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Stephen Stewart or DeanMark Inc. nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Stephen Stewart or DeanMark Inc. or such provider has been advised of the possibility of such damages.
CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
USER CONDUCT AND OBLIGATIONS
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not upload, post or otherwise transmit through or to this website any content that:
- • Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable.
- • Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- • Contains any viruses, Trojan horses, tracking cookies, adware, time bombs, or any other harmful programs or elements.
- • Disrupts, places unreasonable burdens or excessive loads on, interferes with or attempts to gain unauthorized access to any portion of our website, its computer systems, servers or networks.
- • Provides false information about yourself to us, impersonates any other person, or otherwise attempts to mislead others about your identity or the origin of any content, message or other communication.
- • Transmits junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages.
- • Collects information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses.
- • Sells access to or the use of this website, including any content contained on, downloaded or accessed from this website.
- • Redistributes any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.
- • Intentionally alters the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data.
- • Embeds or imports any data provided by us into any other web site or service (whether or not web-based), data files or application software, including without limitation html files, JPEG, GIF, and other picture files, Macromedia Flash Player files (.swf), Active Server Pages (ASP), Java Server Pages (JSP), JavaScript (including .js), audio files, or any other file contained on this web site.
By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
IDEMNIFICATION BY USEER
You agree to indemnify, defend, and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these TERMS OF USE. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
THIRD PARTY WEBSITES, CONTENT, PRODUCTS, AND SERVICES
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other TERMS OF USE on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing. You further acknowledge and agree that the foregoing shall be used at your own risk.
PROPRIETARY RIGHTS
Stephen Stewart, DeanMark Inc., the DeanMark logos, the Visual Perception by Stephen Stewart logos, and other identifying marks of Stephen Stewart and DeanMark Inc. are and shall remain the trademarks and trade names and exclusive property of Stephen Stewart and DeanMark Inc., and any unauthorized use of these marks is unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including, without limitation, all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Stephen Stewart and DeanMark Inc. and is protected by international copyright law. The content on this website may be used by you only for sample viewing as provided for in these TERMS OF USE, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
NOTICE OF COPYRIGHT INFRINGEMENT
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- • Identification of the copyrighted work claimed to have been infringed.
- • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- • The address, telephone number or e-mail address of the complaining party.
- • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to: siteadmin@deanmarkinc.com
IMPORTANT: Stephen Stewart and DeanMark Inc. are committed to establishing their services in as many languages as possible. However, we are based in the United States, and our staff is English-speaking. We apologize, but we can only correspond in English.
GENERAL
If any provision of these TERMS OF USE is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these TERMS OF USE shall continue in full force and effect. No waiver of any provision of these TERMS OF USE shall be deemed a further or continuing waiver of such provision or any other provision of these TERMS OF USE.
You agree that these TERMS OF USE, and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
These TERMS OF USE shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (United States) applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and suits in, Philadelphia, Pennsylvania.
CONTACT
If you have any questions or concerns about our website or these TERMS OF USE, please feel free to contact us at: siteadmin@deanmarkinc.com
