Table of Contents

1. Terms of Use

2. Limitations on Use of Materials

3. Watermark Signature and Protection Against Forgery

4. Permission to use Documents and Information

5. Claims of Copyright Infringement

6. Disclaimers and Limit of Liability

6.1 Suitability of Information

6.2 Adult Content Rating

6.3 Usage of Website

7. Unlawful or Prohibited Use

8. Spam Email and Postings

9. Indemnity

10. Copyright and Trademark Information

11. Privacy Policy


1, Terms of Use
Welcome to the website (“website”) of Clifton Albergotti (“Clifton Albergotti”), a sole proprietorship. On this website, Albergotti Photo makes available to you a wide range of original artwork, other products, information, communications, files, text, graphics, publications, content, tools, resources, and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Clifton Albergotti and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. Clifton Albergotti reserves the right, at Clifton Albergotti’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

2. Limitations on Use of Materials
All materials contained in the website, including but not limited to original artwork materials conceived and produced by Clifton Albergotti, are the copyrighted property of Clifton Albergotti. The trade names, including “Albergotti Photo”, “AlbergottiPhoto”, and “albergottiphoto”, are proprietary to Clifton Albergotti. Other trademarks, registered trademarks, service marks, and trade names, are proprietary to their respective owners and licensors.

Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images or services obtained from the website without the written permission from Clifton Albergotti.

3. Watermark Signature and Protection Against Forgery
Digimarc Digital Watermarking | Get more information on how to digitally watermark images Images representing the original artwork by Clifton Albergotti on the website may be embedded with a Digimarc signature. Digimarc and the Digimarc logo are registered trademarks of Digimarc Corporation. The “Digimarc Digital Watermarking” Web button is a trademark of Digimarc Corporation, used with permission.

4. Permission to Use Documents and Information
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute information within this website (such as “Artist Statement”, “About the Artist”, “Expositions and Collections” and so on), subject to your agreement that:

  1. your use of the information is for informational, personal, and non-commercial purposes only,
  2. you will not modify the artwork, information or graphics,
  3. you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context,
  4. you will display the below copyright notice and other proprietary notices on every copy you make, and
  5. you agree that Clifton Albergotti may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Clifton Albergotti. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and information does not include permission to copy or imitate images representing the artist’s original artwork whether in whole or in part. Images of the artist’s work are protected by copyright law. Unless expressly permitted by Clifton Albergotti, reproduction, publication or retransmission of the artist’s artwork is strictly prohibited.

The permission above, furthermore does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Clifton Albergotti.

5. Claims of Copyright Infringement
Clifton Albergotti will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:

Clifton Albergotti
info@AlbergottiPhoto.com
To be effective, the Notification must include the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Disclaimer and Limit of Liability
6.1 SUITABILITY OF INFORMATION
Except as expressly provided otherwise, Clifton Albergotti and/or his respective suppliers make no representations about the suitability of the information contained in the documents, artwork and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided “as is” without warranty of any kind. Except as expressly provided otherwise, Clifton Albergotti and/or his respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Clifton Albergotti and/or his respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the website.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Clifton Albergotti and/or his respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.

6.2 ADULT RATING CONTENT
Documents, artwork and related graphics may contain images and language appropriate only for adult viewers and not intended for minors. Such content may express explicit or implied nudity and sexuality including but not limited to male homo-eroticism, fetishism, and sado-masochism. When adult content is present on the website, Clifton Albergotti issues a warning to users in the form of an adult content disclosure, and an agreement of terms including an affidavit of legal age of majority. Affirmation of legal adult age and agreement to all terms is required before such content may be accessed. Clifton Albergotti accepts no responsibility for the accuracy and honesty in the response of its viewers. Clifton Albegotti instructs viewers who may perceive such content as offensive, and minors to not proceed, and accepts no responsibility for the subsequent action and any action of such viewers. In no event shall Clifton Albergotti be liable for any special, indirect or consequential damages or any damages whatsoever resulting from view adult content on the website whether intentional or unintentional and whether with or without warning of such content.

6.3 USAGE OF WEBSITE
Except as expressly provided otherwise, all information, software, documentation, materials, services and publication are provided “as-is” without warranty of any kind and Clifton Albergotti hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, Clifton Albergotti disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall Clifton Albergotti and/or his respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this website, use or performance of software, documents, materials, publications, provision of or failure to provide services, or information available from the website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. Clifton Albergotti assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, materials, publications and documents and in any other reference.

Clifton Albergotti may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.

The website, documents and publications are distributed internationally and may contain references or cross-references to Clifton Albergotti products, programs, and services that have not been announced or available in your country. Such references do not imply that Clifton Albergotti intends to announce such products, programs, or services in your country. Contact Clifton Albergotti for information regarding the products, programs and services which may be available to you.

The website may contain links to third-party sites which are not under the control of Clifton Albergotti and Clifton Albergotti is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. Clifton Albergotti is not responsible for webcasting or any other form of transmission received from any linked site. Clifton Albergotti is providing these links to you only as a convenience, and the inclusion of any link does not imply that Clifton Albergotti endorses or accepts any responsibility for the content on such third-party sites.

7. No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Clifton Albergotti server, or the network(s) connected to any Clifton Albergotti server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Clifton Albergotti server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

8. Spam Email and Postings
You agree that Clifton Albergotti would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Clifton Albergotti is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Clifton Albergotti reserves the right to block, filter or delete unsolicited e-mail.

9. Indemnity
You agree to indemnify, defend and hold Clifton Albergotti, and his subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

10. Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright by Clifton Albergotti, San Francisco, CA USA. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

TRADEMARKS:The names of actual companies and products mentioned herein and/or third party trademarks, trade names and logos contained herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

11. Privacy Policy
At this website your right to privacy is respected and it is understood that, as a visitor to albergottiphoto.com, you prefer to control your own personal information and preferences. For this reason, this website may ask you to register or to provide personal information and preferences when you visit certain areas of the website, request information, or subscribe to the website email list serve. The personal information you provide will be guarded to ensure the content, services, and advertising that is provided on this website are always tailored to your current, designated preferences.

When you provide this website with your name (or alias), e-mail address, mailing address, or telephone number, and you “opt in,” the website may use the provided information to alert you to new products, new services, special offers, event announcements and other website information. This website does not offer, or allow the selling of, any user-provided information to third parties.

This website respects the rights users grant when opting to receive e-mail communications from the website and is committed to preserve those rights. It is the website’s objective to retain the long-term ability to continue to communicate with its users.

If you do not want this website to contact you, you may “opt out” of this preference at any time, whether you are online or contacting the website directly. As part of your preference flexibility, you will always have the option to opt back in and have the website contact you based on your previous or new preferences. If you choose not to register or provide personal information, you can still visit the website; however, you will not have access to areas that require personal identification.

 
 

 

 

 
 terms & disclosures