Terms & Conditions
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. CHANGES TO THESE TERMS
3. INFORMATIONAL SITE; NO SALES OR INTERACTIVE FEATURES
4. INTELLECTUAL PROPERTY RIGHTS
5. LIMITED PERMISSION TO USE THE SITE
6. PROHIBITED ACTIVITIES
7. THIRD-PARTY LINKS
8. DISCLAIMER
9. LIMITATION OF LIABILITY
10. INDEMNIFICATION
11. GOVERNING LAW; VENUE
12. SEVERABILITY; NO WAIVER; ASSIGNMENT
13. CONTACT
These Terms & Conditions (“Terms”) are a legally binding agreement between you (“you”) and Korber Art LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of michaelkorber.com and korberart.com (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site.
Company information: Korber Art LLC is registered in the State of Oregon. Studio location: 1306 NW Hoyt Street, Suite 307, Portland, OR 97209.
We may update these Terms from time to time. The “Last updated” date above indicates when these Terms were last revised. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
The Site is a static, informational website. We do not sell products or services through the Site, do not offer user accounts, and do not provide interactive features for submitting content (such as contact forms, comments, or uploads). Limited technical and usage information may be processed by third-party providers (e.g., hosting, security, analytics) as described in our Privacy Policy.
Unless otherwise stated, the Site and all content on the Site, including but not limited to artworks, paintings, images, photographs, video, audio, text, designs, graphics, logos, compilations, page layouts, and the selection and arrangement thereof (collectively, “Content”) are owned by or licensed to Korber Art LLC and are protected by United States and international intellectual property laws.
Nothing in these Terms transfers to you any ownership or intellectual property rights in the Site or the Content. All rights not expressly granted are reserved.
Any artwork displayed on the Site remains the intellectual property of the artist/rights holder. You may not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any artwork or images from the Site without prior written permission from Korber Art LLC (or the applicable rights holder), except as expressly permitted by law.
The Site may include photographs, images, fonts, icons, textures, or other materials that are licensed from third parties (“Third-Party Licensed Materials”). Such materials are used with permission under applicable licenses and remain the property of their respective owners. Your use of the Site does not grant you any right to copy, reuse, or sublicense Third-Party Licensed Materials. Any unauthorized use may violate license terms and intellectual property laws.
The name “Korber Art LLC,” the names of the artist and studio, and any logos or identifiers used on the Site are proprietary identifiers used in commerce by Korber Art LLC. Such names and logos may be protected under common law and other applicable laws, even if not registered as trademarks. Other names, logos, or marks appearing on the Site may be the property of their respective owners. Nothing in these Terms grants you any right or license to use any such names or logos without prior written permission.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable permission to access and view the Site and the Content for your personal, non-commercial use. This permission does not include the right to:
- download, copy, reproduce, republish, distribute, or transmit Content except for temporary caching by your browser;
- use Content for commercial purposes, promotional materials, NFTs, training datasets, or any machine-learning/AI purposes;
- remove, alter, or obscure copyright, trademark, or other proprietary notices;
- frame, mirror, or display the Site or Content on another website or service without written permission.
If you wish to request permission for a specific use (e.g., press, editorial features, licensing), please contact us using the information in Section 13.
You agree not to, and not to attempt to:
- copy, scrape, harvest, or systematically retrieve Content or data from the Site (including by bots, crawlers, or automated tools);
- reproduce or distribute images of artworks or photographs from the Site without prior written permission;
- create derivative works from the Content, including edits, composites, or adaptations of images or artwork;
- use the Site or Content for any commercial purpose without our written consent;
- use the Site or Content in a manner that infringes intellectual property rights or violates any law or regulation;
- attempt to bypass security features, interfere with the Site’s operation, or introduce malicious code;
- misrepresent affiliation with Korber Art LLC or the artist, or imply endorsement without authorization.
The Site may include links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Accessing third-party sites is at your own risk, and you should review their applicable terms and policies.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KORBER ART LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Korber Art LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your infringement or alleged infringement of any intellectual property or other rights of any person or entity in connection with your use of the Site or Content.
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Oregon, without regard to conflict of law principles. You agree that any action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to personal jurisdiction and venue in such courts.
If any provision of these Terms is held unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
If you have questions about these Terms or would like to request permission to use Content, contact us at:
Korber Art LLC
1306 NW Hoyt Street, Suite 307
Portland, OR 97209
Phone:
(787) 590-6191