1.Ownership of Site. The Site is owned and operated by Miller's. All images, audio, video and related informational materials in any medium made available by Miller's hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Miller's or our partner photographers, artists, or licensors and is protected by U.S. and international copyright laws, trade dress, trademark, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Miller's and its partner photographers, artists, and licensors.
2.Purpose of Site. thirty9.com offers professionally curated artwork, specifically wall art.
3.Availability of Site. The Site is generally available 24 hours a day, 7 days a week. However, Miller's retains the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance, as well as equipment or software failures. You agree that Miller's shall not be liable to you for any modification, suspension or discontinuance of the Site.
4.Passwords. Access to and use of the Site is generally through a combination of a user name and password. No other person is permitted to access the Site using the user names and passwords of any other Customer. You are responsible for all activity on the Site that occurs under your user name and password, regardless of whether you have authorized the same.
5.Rights Management. FOR THE PROTECTION OF MILLER'S AND ITS PHOTOGRAPHERS AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM THE SITE AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS (RMS)"). If you do not consent to the use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright, copyright management information, or other proprietary notices contained in the Content, caption information, or any other material on this Site.
6.Pricing and Provision of Product bearing Content. For each product bearing Content you wish to order, the pricing and product specifications will be available during the order / payment process on the Site. All prices are stated in U.S. dollars and are valid unless altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Miller's makes every effort to provide current and accurate information about products, services and prices but we do not guarantee the accuracy of such information, and we specifically disclaim responsibility for any Content or product information provided to you by the Photographers. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Site was incorrect, Miller's will contact you, notify you of the correct price, and verify if you wish Miller's to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
7.Use of Content on Site. You may have access to Content comprised of low-resolution digital images. Photographer grants to you a non-exclusive, non-sublicensable right to download one copy of these images on your personal computer for purposes of determining which images to order from the Site. You may not utilize the images in any manner that is not expressly permitted in this Agreement. Except as specifically provided in this Agreement, you may not share, copy, print, modify, alter, remove any watermarks, copyright notices, copyright management information, or otherwise make derivative works from all or any portion of the Content.
8.No Releases. Neither Photographer nor Miller's grants you any rights, and makes no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Content. Unless otherwise agreed in writing, no rights to any model, property, team logo, trademark or other releases are granted by Miller's in connection with the display of Content or delivery of products hereunder.
9.Forums. From time to time the Site may include bulletin boards, chat rooms, or other forums ("Forums") and the information and opinions expressed in the Forums are not those of Miller's or the Photographers. You are solely responsible for all content you post on or submit to the Forums. You are aware and acknowledge that neither Miller's nor the Site has any obligation to monitor the Forums and you are not relying upon Miller's or the Site to monitor the Forums. Furthermore, neither Miller's nor the Site are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through the Site. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Miller's users to join or become members of any commercial online service or other organization is expressly prohibited. By posting content to any Forum or submitting any content to the Site, you grant (or warrant that the owner of such rights has expressly granted) to Miller's a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.
10.Disclaimer of Warranty and Limitation of Liability. THE SITE AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. MILLER'S DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED OR PRODUCTS ON THE SITE.
MILLER'S GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, INDIVIDUALS, LIKENESSES, TRADEMARKS, LOGOS, COPYRIGHTED DESIGNS, OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
MILLER'S AND THE SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE(S), (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE(S), (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE(S) OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MILLER'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE OF THE ORDER OR $100.00.
12.Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the use of the Site and our Service(s). You agree to indemnify, defend and hold harmless Miller's and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) use or misuse of the Service by you or any other person who accesses the Service(s) using your account, (b) any violation of this Agreement, or (c) any violation of any rights of a third party.
14.Successors and Assigns. Customer may not subcontract or otherwise delegate its obligations under this Agreement without Miller's prior written consent. Subject to the foregoing, this Agreement will be for the benefit of Miller's successors and assigns, and will be binding on Customer's permitted assignees.
15.Governing Law. this Agreement shall all be governed and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be performed in Kansas, and that any legal action or proceeding between Miller's and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Kansas. Miller's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.
16.Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
17.Waiver. The waiver by Miller's of a breach of any provision of this Agreement by Customer shall not operate or be construed as a waiver of any other or subsequent breach by Customer.
18.Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.