Terms and Conditions
Maria B. Croucier, Artist dba; WomynWerks Studio, has created and maintains https://www.mariacroucier.com in support of its mission to provide art, information, communication and personal enjoyment to the public. Access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the "Site" as referred to here as; https://www.mariacroucier.com, Maria B. Croucier and WomynWerks Studio, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge complete acceptance of these terms and conditions.
TERMS AND CONDITIONS
Conditions of Use: Access to and use of WomynWerks Studio's Content (as defined below) on this Site are subject to the following Terms and Conditions:
1. The text, images, art work, and data, including without limitation audio and video clips, software, documentation, and other information contained in the files on this Site (collectively, the "Content") are either (1) images of works from Maria B. Croucier's collections that WomynWerks Studio believes are in the public domain, some of which are made available without restriction (these images are marked "Public Domain High-Resolution Image Available" as described below); or (2) protected by copyright (the "Protected Content"). Such Content, whether or not in the public domain, may be subject to other restrictions as well, including rights of privacy and publicity, under applicable law.
a. "Public Domain High-Resolution Image Available": The Content on the Site marked "Public Domain High-Resolution Image Available" consists of images of works from Maria B. Croucier's permanent collections that are currently available in "high resolution" format and that WomynWerks Studio believes are in the public domain. WomynWerks Studio is providing high-resolution images of these works free of charge and for use without restriction. The Public Domain High-Resolution Image Available mark indicates that WomynWerks Studio is unaware of any current copyright restrictions on the Content so designated, either because (i) the term of copyright has expired, (ii) no evidence has been found that copyright restrictions apply, or (iii) WomynWerks Studio owns copyright but would like to share this Content with the public without exercising control as part of our mission to engage and educate our communities. WomynWerks Studio does not warrant that the sharing or other use of this Content will not infringe upon the rights of third parties holding rights to these works, including rights other than copyright, such as rights of privacy and publicity. It is your responsibility to determine and satisfy copyright and other use restrictions before downloading, copying, transmitting, publishing or making any other use of these items. If you have any knowledge about rights holders of any of these works, please contact WomynWerks Studio's Rights and Reproductions Department at Maria@Croucier.com. Users should cite the author/artist and source of the Public Domain High-Resolution images as they would material from any printed or other work, and citation should include the URL https://www.MariaCroucier.com in addition to all other proprietary notices, if any, provided with the Public Domain High-Resolution images.
b. Protected Content: WomynWerks Studio and relevant third parties retain all rights, including copyright, in the Protected Content. Users may download and use the Protected Content subject to these Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Protected Content are retained. For certain images within the Protected Content on this Site, WomynWerks Studio has been unable to determine the copyright holder and would appreciate receiving any information about copyright ownership for appropriate acknowledgment. Please forward such information to WomynWerks Studio's Rights and Reproductions Department at Maria@Croucier.com
i. To the extent WomynWerks Studio owns such rights, the Protected Content is made available for use only for limited non-commercial personal use. Users must cite the author/artist and source of the Protected Content as they would material from any printed or other work, and the citation should include the URL "https://MariaCroucier.com" in addition to all copyright and other proprietary notices provided with the Protected Content. In granting this limited permission, however, note that WomynWerks Studio does not warrant or represent that use of Protected Content displayed on the Site will not infringe the rights of third parties. Copyright and other proprietary rights in the Protected Content, including reproductions of works of art licensed to WomynWerks Studio by third parties such as artists or artists' heirs holding rights to these works, or images of people or places displayed on the Site, may be held by individuals and entities other than WomynWerks Studio. Use of these images by you is prohibited unless expressly permitted by such third parties.
ii. WomynWerks Studio expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Protected Content, except for the limited purposes described above.
2. While WomynWerks Studio uses reasonable efforts to include accurate and up-to-date information in this Site, WomynWerks Studio makes no representations or warranties as to its accuracy. WomynWerks Studio assumes no liability or responsibility for any errors or omissions in the content of the Site. Use of and browsing in the Site are at your risk. Neither WomynWerks Studio nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the preceding, ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WomynWerks Studio assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Content from the Site.
3. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions or the like is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by WomynWerks Studio or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and the like. WomynWerks Studio is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
Any party wishing to use any of the Protected Content from the Site, including images of works that may be in the public domain but for which high-resolution images are not currently available on the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from WomynWerks Studio's. Permission for such use is granted on a case-by-case basis. For inquiries, please contact:
Via our online request form.
The trademarks, online logomarks, and service marks ("the Trademarks") displayed on the Site, including WomynWerks Studio and Maria b.Croucier is registered or unregistered Trademarks of WomynWerks Studio. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of WomynWerks Studio or any third party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
The Site may contain links to third-party sites. WomynWerks Studio has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. WomynWerks Studio provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.
CONTENT PROVIDED BY USERS
Although WomynWerks Studio may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, WomynWerks Studio is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. WomynWerks Studio will fully cooperate with any law enforcement authorities or court order requesting or directing WomynWerks Studio to disclose the identity of anyone posting any such information or materials.
APPLICABLE LAW AND JURISDICTION
The Site (excluding links to Web Sites operated by others) is controlled and operated by WomynWerks Studio from its offices in Long Beach, California. Although WomynWerks Studio has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and WomynWerks Studio both benefit from establishing a predictable legal environment in which to publish, access and use WomynWerks Studio's Web Site, by publishing, accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Los Angeles, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and hold WomynWerks Studio and the County of Los Angeles, and their respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site or any of its Content.
Any waiver of any provision of these Terms and Conditions must be in writing and signed by a duly authorized officer of WomynWerks Studio.
WomynWerks Studio may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.