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BY ACCESSING OR USING OUR WEBSITES (INCLUDING THIS WEBSITE) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY OUR TERMS OF THE FOLLOWING TERMS SERVICE AGREEMENT

IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ OUR TERMS OF SERVICE AGREEMENT BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF OCTOBER 1, 2019.

ENCYCLOWEB® TERMS OF SERVICE AGREEMENT

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our Users and others who may interact or interface with various services and web sites (including without limitation encycloweb.com, and referred to collectively herein as the “Site”) owned by Mark D. Brady, dba Encycloweb® (collectively “Encycloweb”), having a place of business located at 78365 Highway 111 # 375, La Quinta, California 92253, as well as those who use the Site and Encycloweb’s Services (as defined below).

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is artistic photography and graphic designer website which facilitates the following:

  • Sales of Products and Services.
  • Providing information about our artistic photography and graphic design services.
  • Supporting our artistic photography and graphic design services.

All visitors to the Site shall be deemed a “User” of the Site and the herein described Services provided for the purpose of this TOS.

The Site displays samples of photographs (“Brady Photos”) taken by Mark D. Brady and Encycloweb for the purpose of allowing potential customers of our photographic services to evaluate our work. User agrees as follows:

  1. All Brady Photos are the copyrighted intellectual property of Encycloweb.
  2. User agrees to only to view Brady Photos online while viewing the Site, and not to upload, capture, print-out, replicate, duplicate, copy, trade, sell, resell or otherwise copy any Brady Photos (nor any visual or audio material presented on the Site), whether electronically or by other means.
  3. User herein agrees not to exploit for any commercial reason any part, use of, or access to the Site.
  4. User shall have no rights in the Brady Photos nor the Site.
  5. User acknowledges and agrees that the Site, as well as the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Encycloweb.
  6. At Encycloweb’s sole and absolute discretion, Encycloweb may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this TOS shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Encycloweb does hereby reserve the right to cancel and cease offering any of the aforementioned Services, Site, and/or products. User acknowledges, accepts and agrees that Encycloweb shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Site, Services and/or products. Your continued use of the Site or any Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the Site and provided Services forthwith.
  7. Furthermore, the User understands, acknowledges and agrees that the Site and Services offered shall be provided “AS IS” and as such Encycloweb shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

INDEMNITY

All Users herein agree to insure and hold Encycloweb as well as our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any violation of this TOS.

MODIFICATIONS

Encycloweb shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Site and Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site and Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Encycloweb shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

It is possible that either Encycloweb or third parties may provide links to other websites and/or resources on the Site. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Encycloweb shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

PROPRIETARY RIGHTS

User hereby acknowledges and agrees that Encycloweb’s Site and Services and any software that may be used in connection therewith (“Software”) contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws, including without limitation copyright and trade secret laws. Furthermore, User acknowledges and agrees that any content which may be contained in any advertisements or information presented by and through our Site or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted, in writing, by Encycloweb, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Encycloweb Services (e.g. Content or Software), in whole or part.

User expressly agrees and acknowledges that the trademark “Encycloweb” is valid, enforceable and owned by Mark D. Brady, and agrees never to challenge such validity, enforceability and ownership before any court, administrative agency, arbitrator or other tribunal.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF ENCYCLOWEB SITE, SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SITE, SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” – “AS AVAILABLE” – AND “WITH ALL FAULTS” BASIS. ENCYCLOWEB AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) ENCYCLOWEB AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (i) ENCYCLOWEB’S SITE, SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ENCYCLOWEB’S SITE, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ENCYCLOWEB’S SITE. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ENCYCLOWEB’S SITE, SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ENCYCLOWEB OR BY WAY OF OR FROM OUR SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN BEFORE USING THIS SITE.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ENCYCLOWEB AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SITE AND SERVICES;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Encycloweb (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Encycloweb’s will not send notices of changes to the TOS; rather it is the User’s responsibility to review the TOS each time the Site is used to determine if there have been any changes to the TOS. Your acceptance of this TOS and continuing use of the Site constitutes your agreement that you are deemed to have received any and all future changes in the TOS.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Encycloweb trademarks, copyrights, trade names, service marks, and other Encycloweb logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Encycloweb. You herein agree not to display and/or use in any manner the Encycloweb logo or marks without obtaining Encycloweb’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Encycloweb will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Encycloweb may disable and/or terminate the accounts of, or block access to, any User who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon (including any registration number(s), trademark drawings and copyright deposits);

c) A description of the location of the site which you allege has been infringing upon your intellectual property;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Encycloweb Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
Encycloweb
Attn: IP Agent
78365 Highway 111 # 375
La Quinta, California 92253
Telephone: 760-851-0408
Email: mark.b@encycloweb.com

CLOSED CAPTIONING

BE IT KNOWN, that Encycloweb complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at encycloweb.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Encycloweb and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Encycloweb Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Encycloweb Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Encycloweb with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Encycloweb, shall be filed within the Federal or State Courts located in the County of Riverside, California. You and Encycloweb agree to submit to the personal  jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Encycloweb fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Encycloweb as follows:

Mailing Address:
Encycloweb
78365 Highway 111 # 375
La Quinta, California 92253
Telephone: 760-851-0408
Email:  mark.b@encycloweb.com