Henry Leutwyler Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
Last Updated: 09-23-2013
These Terms of Use apply to your use of the Henry Leutwyler website (http://www.henryleutwyler.com, the “Site”). By accessing and/or using the Site, you verify that you understand, accept, and agree to these Terms of Use, and that you are legally capable of doing so. If do not wish to be bound or if you are not certain you can comply with the Terms of Use, please exit the Site immediately. “You” means any individual who accesses or uses the Site, as well as any entity on whose behalf you are acting.
The Site is owned by Eye Productions LLC and/or Henry Leutwyler (collectively, “we,” “our,” or “us”). We may revise these Terms of Use from time to time by updating this posting/page, with the new terms taking effect on the date of posting. By continuing to access and/or use the Site after we post any changes, you verify that you understand, accept, and agree to these Terms of Use, as modified.
Our Privacy Policy is part of and incorporated into these Terms of Use (the Privacy Policy and Terms of Use are together sometimes referred to as the “Terms”) and applies to your use of the Site. Please review the Privacy Policy carefully.
1. Copyright and Trademark Notices
The Site and Content are protected by U.S. and international intellectual property laws. We, or our licensors, own all information, photographs, screen displays, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of any materials, provided through the Site, and the look and feel of the Site (collectively, the “Content”). We own the trademarks and service marks under which Henry Leutwyler and Eye Productions do business. Third party company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners. You may not remove, alter or obscure any copyright, trademark, or other proprietary rights notices in the Site or Content.
2. Caution about Site Content and Accuracy
This Site may include Content that some people may find offensive, indecent, or otherwise objectionable, including, but not limited to, explicit words and photographs. There may be information on the Site that is outdated, contains typographical errors, inaccuracies or omissions. You agree that your access, use, or reliance on this Site (including any Content) is solely at your own risk.
3. Site Use
You may view Content from this Site solely for your own personal and non-commercial purposes. You may not otherwise use, modify, copy, download, store, print, display, perform, distribute or publish any Content or any part of this Site without our prior written (non-electronic) consent. All rights not expressly granted to you under these Terms are reserved.
The Site may not always be available. We reserve the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice.
4. No Warranties
The Site and Content are provided “AS IS,” “WITH ALL FAULTS” and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. We (and our suppliers) make no representations, warranties, or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
5. Disclaimer of Certain Damages
In no event will we or any supplier be liable for any consequential, special, incidental, indirect, or punitive damages, including damages for loss of profits or confidential or other information, business interruption, personal injury, property damage, loss of privacy, failure to meet any duty of good faith or reasonable care, negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, even if we or any supplier have been advised of the possibility of such damages.
6. Limitation of Liability and Exclusive Remedy
We and our suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). These actual money damages will be your sole remedy.
Each of the limitations of liability in Sections 5 and 6 apply (a) even if any remedy fails of its essential purpose, and (b) without regard to whether damages arise from (i) breach of contract, (ii) breach of warranty, (iii) fault or tort, including negligence and misrepresentation, (iv) strict liability or (v) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.
7. Applicable Law and Forum
The laws of the State of New York in the United States, as applicable to contracts entered into and to be wholly performed within such state, govern the interpretation of these Terms and you agree to submit to the exclusive jurisdiction and venue in the state and federal courts in New York County, New York for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
8. Termination
We reserve the right to terminate these Terms and your access to the Site or any portion thereof at any time, without notice. Sections 4, 5, 6, 7, 9, 10 and this sentence will survive termination.
9. Notices
We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to us. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send us notice by emailing it to info@henryleutwyler.com and by sending via postal mail to the following address:
Eye Productions LLC
401 Broadway, Suite 2015
New York, NY 10013
Attention: Legal Notices
10. General
If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site, and any attempt to do so will be void ab initio. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Policy) constitute the entire agreement, and supersede all prior or contemporaneous communications of any kind, between you and us with respect to the Site.