TERMS AND CONDITIONS FOR THE USE OF THIS SITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Throughout these Terms and Conditions, you, the user, will be referred to as “you” or “User.”
COPYRIGHT
The entire content of this website is a collective work and as such is the property of Jane Hearn dba Jim Lucas Photographs and/ or The Jim Lucas Estate and is governed under U.S. copyright law. Permission is granted to electronically copy and print hardcopy portions of this site for non-commercial use or for the purpose of evaluation, layout and display with the purpose of placing an order with Jane Hearn dba Jim Lucas Photographs. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Jane Hearn dba Jim Lucas Photographs and constitutes willful copyright infringement, punishable to the fullest extent of the law.
This website is owned and operated by Jane Hearn dba Jim Lucas Photographs.
TRADEMARKS
All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of the Jim Lucas Estate.
WARRANTY DISCLAIMER
THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. JANE HEARN DBA JIM LUCAS PHOTOGRAPHS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, NO WARRANTY OR REPRESENTATION IS MADE AS TO THE FUNCTIONALITY OF THIS MATERIAL, ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. JANE HEARN DBA JIM LUCAS PHOTOGRAPHS SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT THE RIGHTS GRANTED HEREIN.
Persons depicted in the images herein are not models and have not released use of their images. The content of all images is within a historic journalistic context. You understand and agree that any licenses or permissions granted by Jane Hearn dba Jim Lucas Photographs do not include the right to make commercial use of the images of the persons depicted in the photographs. You further understand and agree that you will be responsible for obtaining any and all consents required from the persons depicted in the photographs, if such consent is required for your particular use, which it will be your sole responsibility to determine. You agree not to use any image in a defamatory manner or context, either by changing it or accompanying it with any type of libelous or abusive text.
LIMITATION OF LIABILITY
Jane Hearn dba Jim Lucas Photographs and/or The Jim Lucas Estate shall not be liable for any damages whatsoever, including special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Jane Hearn dba Jim Lucas Photographs and/or The Jim Lucas Estate has been advised of the possibility of such damages
INDEMNIFICATION
User agrees to indemnify and hold Jane Hearn dba Jim Lucas Photographs and/or The Jim Lucas Estate harmless from any claim or demand including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, the use by the User of any material on this website in any manner.
LICENSING AGREEMENT
Jane Hearn dba Jim Lucas Photographs and The Jim Lucas Estate grant you a personal, non-transferable, non-exclusive right to copy and store images selected on a personal computer for the sole purpose of reference, design and layout, and private display to clients with the ultimate purpose of purchasing such images from Jim Lucas Photographs. Images shall not be electronically uploaded, reproduced, distributed or included as a part of any collective work without the express written consent of the Owner. Other than those expressly stated, NO REPRODUCTION RIGHTS ARE GRANTED OR IMPLIED HEREIN.
All images are protected under U.S. copyright law and may not be copied, distributed or reproduced without the written permission of the James Lucas Estate. Requests for license, prints and use, both commercial and non-commercial, can be made to jimlucasphotographs@gmail.com. Requests should be specific with regard to the image(s) requested, type of use, media, scope, size, length of use, etc. in order to determine an appropriate fee. Images may not be combined or altered in any way, incorporated onto any website or database without express permission in writing. This includes the removal of the watermark.
NOTICE
Jim Lucas Photographs and the James Lucas Estate designates the following for receipt of notifications:
Jane Hearn dba Jim Lucas Photographs
252 Bull Point Drive
Seabrook, SC 29940
jimlucasphotographs@gmail.com
Jim Lucas Photographs may deliver notice to you by means of e-mail or the address you have provided to Jim Lucas Photographs.
GOVERNING LAW
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THIS SITE OR ITS CONTENT SHALL BE SUBMITTED TO ARBITRATION IN THE STATE OF SOUTH CAROLINA, except in the case of any violation of copyright or intellectual property rights, Jane Hearn dba Jim Lucas Photographs may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina and your use of this site shall constitute your express consent to exclusive jurisdiction and venue in such courts and to arbitration under the terms set forth herein. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
THIRD PARTY SITES
This website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein.
TO OBTAIN REPRODUCTION RIGHTS CONTACT:
jimlucasphotographs@gmail.com
MISCELLANEOUS
Any waiver of any provision of the Site terms will be effective only if in writing and signed by Jane Hearn dba Jim Lucas Photographs. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.