Terms & Conditions.

 

Please read the following Terms & Conditions Agreement carefully. By using or accessing this website and services, you approve and accept these terms and conditions in full. It is the responsibility of you, the User, the Customer, or Perspective Customer, to read the Terms & Conditions before proceeding to use this website. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Artist’s (Bradbury Mattes) website or the Artist’s services.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Use of Cookies in accordance with the terms of the Privacy Policy.

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") govern the relationship with the Artists' clients and visitors which may interact or interface with Bradbury Mattes, also known as the Artist, located in Chester County, Pennsylvania in association with the use of the Artists' website, bradburymattes.com (the "Site") and its Services, which shall be defined below.

The Site is a digital gallery operated by Bradbury Mattes and is the official website of the Artist, Bradbury Mattes. All artworks and handmade items listed on this website, bradburymattes.com, are available for visitors and/or clients to view. All visitors and users must have consent from Bradbury Mattes to copy, save, download, screenshot, or purchase any and all artwork displayed on this website.

Any and all visitors to the Artists' site shall be deemed as "users" of the herein contained Services provided for TOS.

License To Use Website

Unless otherwise stated, Bradbury Mattes own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may only view pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • download or save or screenshot any material from this website;

  • republish material from this website (including republication on another website);

  • sell, rent, or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Bradbury Mattes’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Bradbury Mattes’s express written consent.

Restricted Access

Access to certain areas of this website may be restricted. Bradbury Mattes reserves the right to restrict access to areas of this website, or indeed this entire website, at Bradbury Mattes's discretion.

If Bradbury Mattes provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Brad Mattes may disable your user ID and password at Bradbury Mattes’s sole discretion without notice or explanation.

Privacy Policy

Every user’s data and other personal information are strictly protected by Bradbury Mattes's Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including transfer of information within the United States and/or other countries for storage, processing, or the use by Bradbury Mattes.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bradbury or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You must not submit any user content to the website or email address provided on this website, including to the form on the Contact Us page and Homepage, that copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

Bradbury Mattes reserves the right to edit or remove any material submitted to this website, or stored on Bradbury Mattes’s servers, or hosted or published upon this website.

Notwithstanding Bradbury Mattes’s rights under these terms and conditions in relation to user content, Bradbury Mattes does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Copyright and Ownership of Content

Content and images published on this site such as images (both pictures/photos as well as artworks), graphics, text, logos, video, and written content is the property of Bradbury Mattes and is protected by United States Copyright Laws. The entire collection of artworks and content on this website, bradburymattes.com, is the exclusive property of Bradbury Mattes.

Copyright Notice: All of the Artist Bradbury Mattes’s artwork is copyrighted and is protected by law. Do not reproduce, copy, create any works based off of or derived from the Artist’s original work, tattoo, or display the Artist’s artwork without the Artist’s permission. Selling artwork derived from Bradbury Matte’s original artwork for profit without written consent from Bradbury Mattes and without giving the Artist (Bradbury Mattes, the original owner and creator) credit and compensation is prohibited.

After an artwork is purchased, the buyer (the person who has purchased the artwork directly from Bradbury Mattes with written permission from Bradbury Mattes) does not own the copyright of purchased artwork or any artwork nor does the buyer have the right to copy, print, tattoo, stencil, trace, or reproduce the Artist’s artwork in any way. The buyer does not have permission to reproduce and/or sell for profit without the written permission of Bradbury Mattes granting permission first. After one purchases any of the Artist’s artwork, the buyer does not own the copyrights for the artwork after purchase. The Artist (Bradbury Mattes, the original artist and creator) still has copyright, even after the artwork has been sold. In addition, Bradbury Mattes’s original artwork should not show up on t-shirts, socks, art prints, coffee mugs, cell phone covers, key-chains, printed cards, fabric, posters, flyers, postcards, business cards, business logos, business websites, etc. without the explicit written permission from the Artist, Bradbury Mattes. Even if the buyer has purchased artwork from Bradbury Mattes previously and has had previous written permission to use a previously purchased or acquired artwork from Bradbury Mattes in any way, Bradbury’s artwork should not be reproduced in any without with Bradbury Mattes’s permission on each piece of artwork and each use of Bradbury Mattes’s work in any way. If any Bradbury Mattes’ artwork is reproduced in any way without the Artist’s (Bradbury Mattes) permission, this is a Copyright Infringement and legal action will be taken.

The artist does allow sharing on social media outlets only with full credit. Please include the Artist’s full name (Bradbury Mattes), name of the artwork, and link to the website bradurymattes.com within the post. Sharing artwork without full credit as outlined above is prohibited and is a Copyright Infringement and legal action will be taken.

For any artwork to be used on websites or designs (both digitally and offline in any capacity), please Contact the Artist for approval or commissions. Written permission from Bradbury Mattes is mandatory for any use of artwork. Please credit the Artist (Bradbury Mattes) with a working link to the website (bradburymattes.com), specifically the link to the landing page of the original image.

Limitations of Liability

Bradbury Mattes will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special, or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bradbury Mattes has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bradbury Mattes’s liability in respect of any:

  • death or personal injury caused by Bradbury Mattes’s negligence;

  • fraud or fraudulent misrepresentation on the part of Bradbury Mattes or

  • matter which it would be illegal or unlawful for Bradbury Mattes to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Bradbury Mattes has an interest in limiting the personal liability of its officers and employees and creative partnerships like the designer and creator of this website.  You agree that you will not bring any claim personally against Bradbury Mattes’s officers or employees or partnerships (the designer and creator of this website, Elena Brunner) in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bradbury Mattes’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors and partnerships as well as Bradbury Mattes.

By using this website and/or contacting Bradbury Mattes through the form on the Contact page, you acknowledge and accept that your email, name, and text content of the message will be sent through a third-party, Google’s Gmail. By using this website and/or contacting Bradbury Mattes you acknowledge and accept Bradbury Mattes is not liable for any harm or damage caused by Google’s Gmail like hacking and spamming.

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Bradbury Mattes and undertake to keep Bradbury Mattes indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Bradbury Mattes to a third party in settlement of a claim or dispute on the advice of Bradbury Mattes’s legal advisers) incurred or suffered by Bradbury Mattes arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Bradbury Mattes’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bradbury Mattes may take such action as Bradbury Mattes deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Bradbury Mattes may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Bradbury Mattes may transfer, sub-contract, or otherwise deal with Bradbury Mattes’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Bradbury Mattes in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with governing law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Pennsylvania, USA.

Bradbury Mattes’s Details

If you have any questions or concerns regarding the Privacy Policy Agreement and the Terms and Conditions governing the use of this website and its relationship to the User, please feel free to contact the Artist, Bradbury Mattes, by email at bradburymattes@gmail.com

The full name of the artist and owner of this website is Bradbury Mattes.

Last Updated: 03/19/2021