1. ACCEPTANCE OF THESE TERMS AND CONDITIONS
Clay Bejamin (the “Artist[CWB]” or “We”) welcome you to this website (the “Website”). By using the Website, you agree to the following terms and conditions, including the Privacy Policy (hereafter “CWB’s,” “Terms & Conditions,” or the “Agreement”).
2. SERVICE DESCRIPTION
The information and features on this Website (the “Service”) are provided solely for entertainment purposes and are subject to change at any moment without notice. You accept the risk that the information on this Website is incomplete, inaccurate, out of date, or does not meet your needs and requirements by accessing or linking to it. Advertisements for third-party providers may appear on the Service. You acknowledge that the Artist may update the Service at any time and that the Service is offered “AS-IS.” You further agree that the Artist will not be liable to you or any third person if the Service is modified, suspended, or discontinued, or if access to the Website is interrupted.
3. OWNERSHIP OF CONTENT
This Website and all of its contents, including but not limited to directories, photographs, illustrations, images, video and audio clips, and advertising copy, as well as trademarks, logos, domain names, trade names, service marks, and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”), are owned by Nothing in this Agreement or on the Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any Material in any way without the prior written consent of the Artist or any third party who may own the Material or intellectual property displayed on the Website.
Unauthorized reproduction, modification, publication, framing, posting, or other unauthorized use of the Material is strictly forbidden. You undertake not to use the Material for any illegal purposes or to breach the Artist’s or others’ rights. The Artist takes its intellectual property rights very seriously and will aggressively enforce them to the utmost degree permitted by law. The Artist reserves the right to add, change, discontinue, remove, or suspend any of the Material at any time, without warning or liability.
4. YOUR RESPONSIBILITIES
You may be granted a Privacy Policy for your usage of the Website, and you will be solely liable for what occurs under your user id. You also agree not to: post any content that is unlawful, threatening, abusive, defamatory, offensive, obscene, or otherwise objectionable in any way; engage in fraudulent misrepresentations; post any content that violates the intellectual property rights of another; engage in any activity that disrupts the Service or the Website in any way; or otherwise violate the Terms of Service. You agree and consent that the Artist may keep and disclose your personally identifiable information as required by applicable laws, to protect our rights, to prevent fraud, and to comply with a judicial process, administrative process, court order, or other legal process issued on our website.
CONTENT SUBMITTED
You agree that you will be solely responsible for any information that you post or upload (“Content”), and that you warrant and represent that the Content does not and will not infringe on any copyright or other third-party right, nor violate any applicable law or regulation; and that you have the right to grant any and all necessary rights and licenses, including, without limitation, all necessary copyright.
VIOLATIONS
In its sole discretion, the Artist will determine your compliance with the Terms & Conditions, and its decision will be final and binding. Any breach of this Agreement may result in your access to all or part of the Website being restricted, and you may be referred to law enforcement authorities. Any waiver of any of the Terms & Conditions shall be void unless issued in writing and signed by a fully authorized officer of the Artist. Artist maintains the right to change or cancel this Website, or any portion of it, at any time and without notice to you or any other party. You must destroy all contents downloaded from this Website and all accompanying documentation, as well as all copies and installations thereof, upon termination of your membership or access to the Website, or upon demand by the Artist. You should be aware that the Artist will vigorously assert its rights to the fullest extent of the law.
5. COMPENSATION
You hereby fully, finally, and forever agree to indemnify and hold harmless the Artist and its heirs, successors, predecessors, assigns, and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives, and agents on behalf of yourself and each of your heirs, successors, predecessors, assigns, and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees,
6. SUSPENSION
The Artist maintains the right, with or without cause and with or without notice, to terminate this Agreement and/or suspend your access to the Website and the Service at any time. You agree that in the event of such termination, the Artist, its heirs, predecessors, successors, assigns, and current and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives, and agents will have no liability to you or any third party.
7. THIRD-PARTY PARTICIPANTS
You acknowledge that this Agreement is solely between you and the Artist and shall not be construed in favor of any other party.
8. EXPRESSIONS OF DISCLAIMER
YOU ACKNOWLEDGE THAT THE COMPANY PROVIDES THIS SERVICE “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, PRESENT AND FORMER PARENTS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, PRESENT AND FORMER PARENTS, SUBSIDIARY ENTITIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO
9. LIABILITY LIMITATIONS
YOU AGREE THAT THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, CURRENT AND FORMER PARENTS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION OF THE CIVIL CODE OF FLORIDA, AND
TRADEMARKS AND COPYRIGHTS
The Artist owns the Clay Benjamin trademark and service mark (hereafter the “Marks”). You undertake not to make any use of the Marks without the Artist’s authorization.
The Artist respects the trademarks and other intellectual property rights of others in the same way. As a result, if you suspect that your intellectual property rights are being infringed in any way on the Website, please notify the Artist’s copyright agent at the following address:
To file a copyright infringement notification with us, please send a written message that includes roughly the following (please confer with your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm the following).
A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.
Identification of the allegedly infringed copyrighted work, or, if many allegedly infringing works at a single web site are covered by a single notification, a representative list of such works at that site.
Identification of the material claimed to be infringing or the subject of infringing conduct and that must be removed or access to which must be disabled, as well as information reasonably sufficient to allow us to find the item.
Information reasonably sufficient to allow us to contact you, such as an address, phone number, and, if available, an email address at which the complaining party can be contacted.
A statement that you believe, in good faith, that the use of the work in the way complained of is not authorized by the copyright owner, its agent, or the law.
“A statement under penalty of perjury, that the information in the notification is correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This written notice should be delivered to our designated agent at the following address:
GET IN TOUCH WITH US
If you have any queries concerning this Privacy Statement, please contact us at the following address:
Clay Benjamin’s formal name is Benjamin Clay.
cl**@cl***********.com
Knowingly misrepresenting that material is infringing is a violation of federal law.
11. NOTICE
The Artist reserves the right to update or modify this Agreement at any time without prior notification to you, with changes taking effect 24 hours after the modified Agreement is posted. The Artist may, in its sole discretion, give you with notice of modifications to the Agreement via email or notification on the website.
12. COMPLETE AGREEMENT
This Agreement is the complete agreement between you and the Artist, and no oral or written representations, warranties, or inducements have been made concerning this Agreement other than those stated and documented in this Agreement. You expressly agree that if a dispute arises under this Agreement that necessitates interpretation, you will not refer to previous versions of the Agreement. Rather, the Agreement’s interpretation shall be limited to the existing wording, terms, and circumstances set forth herein.
13 THE FORUM
This Agreement shall be governed and construed in accordance with the substantive laws of the State of Florida (Duval County), excluding any rules of conflict of law. All issues occurring under, out of, or in any way related with the Agreement must be resolved exclusively in Florida’s state and federal courts. You agree to submit to the subject matter jurisdiction of such courts in any such action, and you waive any objections to venue in such courts.
14. SEVERABILITY AND WAIVER
The failure of the Artist to assert a right under this Agreement or to insist on compliance with any term or condition of this Agreement shall not constitute a waiver of that right or exempt you from performing any such obligation or condition in the future. The provisions of this agreement are severable, and if any of them are found to be illegal or unenforceable under any controlling body of law, such invalidity or unenforceability shall not impact the validity or enforceability of the other sections hereof.
FORCE MAJEURE is an abbreviation for FORCE MAJEURE.
The Artist shall not be liable for any failure or delay in performing its obligations due to strikes, shortages, supplier failure, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, or any other cause beyond the Artist’s reasonable control.
16. LIMITATIONS STATUTE
You agree that, regardless of any statute of law to the contrary, any claim or cause of action arising out of or connected to the Agreement or the Artist must be brought within one (1) year of the occurrence of the cause of action or you will be eternally barred.
