TERMS and CONDITIONS

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Please Read These Terms and Conditions of Use. 

Welcome to our website (“Site”), IMAGES BY DAVIDO, LLC.  These terms and conditions of use (“Terms”) constitute a legal agreement between you and Images by Davido.  Your use of this Site establishes a legal and binding agreement between you and Images by Davdio and constitutes your acceptance of the Terms, Policies and Guidelines incorporated by reference. If you do not agree to all of these Terms, please do not use this Site in any way.

These terms and conditions of use apply to your use of this website and do not modify in any way the terms or conditions of any other agreement you may have with Images by Davido or its affiliates.  By using this Site, you warrant that you are over 18 years of age and are lawfully able to accept these Terms.

Ownership of This Website 

This Site is owned and operated by IMAGES BY DAVIDO, LLC. All of the content displayed on this Site, including, and without limitation to, data, banners, logos, text, graphics, files, narrative, photographs, images, prints, illustrations and software (“Content”), is owned by Images by Davido, its licensors or its third –party partners.

All features and elements of Images by Davido Site, including, but not limited to, the overall design, functions, and the Content, are protected by copyright, watermarks, trademark and other laws relating to intellectual property rights. Except as specifically permitted under this or another written license or agreement with Images by Davido, no portion or segment of this Site or its Content may be copied or transmitted by any means and all related rights shall remain the exclusive property of Images by Davido, its licensors, or third-party partners.  You shall indemnify Images by Davido, it its subsidiaries, its affiliates’ and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or unauthorized use of the Content or Site.

All components of this Site, including the Images by Davido Content, are protected by copyright, moral rights, trade dress, trademark and other laws relating to the protection of intellectual property.

Use of the Site 

This Site and its Content are intended for customers and/or potential customers of IMAGES BY DAVIDO, LLC. “Customers” are categorized into two very distinct groups, that is, the general public and business users. The “general public” is considered “individuals” from all states in the United States of America, US territories, and individuals from all foreign countries. The general public will most likely be interested in image prints for their own personal enjoyment.  Business is here by defined as, any organization or group of individuals (however large or small), assembled for gainful activity, profit, chartable, or social dealings.  Business here is also meant to include: commercial, industrial, or professional enterprise or establishments. Regardless of customer type (general public or business), you may not use this Site or the IMAGES BY DAVIDO, LLC Content for any other reason other than for its intended purpose. Also, you may not download, copy, or retransmit any or all of the Site or the IMAGES BY DAVIDO, LLC Content without, or in violation of, a written license or agreement with IMAGES BY DAVIDO, LLC.   

Disclaimers 

This Site and its Contents are provided “AS IS” and IMAGES BY DAVIDO, LLC and its owner, officers, employees, subsidiaries, affiliates, licensors, content providers, agents, distributors, and representatives, will not be responsible or liable for any damages of any kind arising from the use of this Site or the unavailability of the Site, including, but without limitation to, lost business or profits, direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this Site are not warranted in any way to be uninterrupted or without error. Therefore, you not IMAGES BY DAVIDO, LLC, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site.  Accordingly, you acknowledge that your use of this Site is at your own risk.  

While IMAGES BY DAVIDO, LLC uses reasonable efforts to ensure the accuracy of all content, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content.  In addition, IMAGES BY DAVIDO, LLC is unable to make representations or warranties as to the functionally of this Site, whether it is free of errors, and whether the server hosting the Site is free of viruses and other harmful material.

IMAGES BY DAVIDO, LLC provides links to other websites from this Site.  IMAGES BY DAVIDO, LLC does not control these other websites and we are not in anyway responsible for any content contained therein on those, their availability or any loss or damage incurred by you in relation to your use of such websites.  You agree to waive any and all claims against IMAGES BY DAVIDO, LLC regarding the inclusion of links to outside websites or your use of those websites. When you leave this Site, you should know that our terms and policies no longer govern.

Indemnification 

You agree to defend, indemnify and hold harmless IMAGES BY DAVIDO, LLC, its subsidiaries, affiliates, licensors, representatives, employees, and third party providers, harmless against any loss, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the Content that you post, store or otherwise transmit on or through the Site and/or your breach of the Site Terms or of any warranty or representation contained herein.

Governing Law and Jurisdiction 

This Agreement/Contract, its validity and effect shall be interpreted, constructed and governed by the laws of the state of Virginia, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction for all disputes arising under this Agreement/Contract shall be administered exclusively in the Superior Courts of the state of Virginia and/or the Circuit Court of the State of Virginia for Fairfax County.  Users of this Site agree that any and all disputes arising from the use of this Site, or ordering of materials or services from this Site, shall be settled by binding arbitration.

If IMAGES BY DAVIDO, LLC is obligated to go to court, instead of arbitration, to enforce any of its rights, you agree to reimburse IMAGES BY DAVIDO, LLC for its legal fees and disbursements if IMAGES BY DAVIDO, LLC is successful.

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