TERMS OF USE
Hakes International Galleries, LLC. (“Hakes”) maintains this website (the “Site”) to provide Hakes’ customers and invitees with information regarding Hakes’s products and services, on-line discussion groups and other matters of interest. Your access to and use of the Site is subject to the following Terms of Use, the provisions of our privacy policy and all applicable laws. By accessing the Site, you accept these conditions, all of which may be modified in Hakes’s sole discretion from time to time. You are encouraged to review these Terms of Use periodically to view the most current version. Any new features that enhance the Site shall be subject to these Terms of Use and Hakes’s other policies. You should not visit or use this Site unless you are willing to abide by these conditions.
1. User Conduct
You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. Your participation in any discussion groups through the Site will not interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
When participating in online discussion groups available through the Site, You are expected to show respect to all participants and members of the Hakes community. Your responses to a particular thread should be on-topic and pertain to the discussion and you should use the New Topic button to start a new discussion. Promotion of Hakes related materials or services is highly discouraged. Posting the same message to many topics or boards is considered spam. Subject to the remaining provisions of these Terms of Use, once a message is posted, it will remain on the site indefinitely.
You understand that information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Hakes are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Hakes be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site or for any loss or damage of any kind incurred as a result of the use of the Site or any information obtained from the Site. Hakes reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.
2. Privacy
The terms of Hakes’s privacy policy, available for review here; also apply to any personal information that you may provide about yourself in connection with your use of the Site. This policy is subject to change from time to time in our sole discretion.
3. Termination
Hakes, in its sole discretion, may terminate your participation in the Site use for any reason, but especially if Hakes believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Hakes may also in its sole discretion and at any time discontinue providing the Site or any discussion board, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Hakes may immediately deactivate or delete your account, if any, and all related information and files in your accountand/or bar any further access to such files or the Site. Further, you agree that Hakes shall not be liable to you or any third party for any termination of your access to the Site.
4. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Hakes respects the intellectual property of others, and asks its users and visitors to do the same. Hakes will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Hakes will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Hakes to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail:
Diamond International Galleries, LLC.
P.O. Box 12001
York, PA 17402
Attention: Alex Winter, Copyright Claim
By fax: (717) 434-1600
By Email: hakes@hakes.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Hakes COMICS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
5. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of sponsors, suppliers, partners or advertisers (collectively “Advertisers”) found on or through your use of the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertisers. You agree that Hakes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such third parties participating on the Site. However we may be privy to and use personal information provided by you to such parties.
6. Links
The Site may contain links to other internet websites or resources. When you link to those sites, you leave the Site and the Site and therefore Hakes Privacy Policy no longer applies; you become subject to the practices of those companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information gathering practices. Hakes has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Therefore Hakes cannot be and expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that Hakes endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that Hakes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such goods, services or materials available on or through any such link, site or resource.
7. Hakes’s Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site and the Site (“Software”), all images, photography, regardless of source, graphics, artwork, text, Marks (defined below), and other information and material found within the Site or on the Site and all intellectual property relating thereto (all of which are considered “Licensed Content”) but excepting information transmitted within the Site or to the Site by any parties other than Hakes and Hakes’s employees or suppliers, is owned by Hakes or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Hakes logos, trade names, trade dress, product and service names displayed through the Site and the Site (collectively, the “Marks”) are proprietary to Hakes, its subsidiaries and affiliates. In addition, Hakes may license from third parties the rights to use their marks on their products (“Third Party Marks”). Subject to compliance with these Terms of Use, Hakes grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Licensed Content solely for your use. You may not relicense, rent or lease any Licensed Content or use the Licensed Content for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.
You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or otherwise use the Licensed Content except in connection with your access to and participation in the Site. Hakes grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the Site and Licensed Content, including all updates and modifications thereto.
8. Consent and Release
For adequate consideration received, you hereby give Hakes, its parent, and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “Hakes”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”):
(a) to display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any of Hakes’s marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”);
(b) to register the copyright of the Information and any Work in Hakes’s name or any other names that it may choose; and
(c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as Hakes so chooses.
You hereby release and discharge Hakes, its agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this consent and release is transmitted to Hakes hereof and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of Hakes as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hakes COMICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) Hakes COMICS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hakes COMICS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR Hakes COMICS’S PRIVACY POLICY.
Hakes COMICS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hakes COMICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hakes COMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY IN ANY DISCUSSION BOARD; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:
1542. (Certain Claims not Affected by General Release). A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. If in any way applicable, the parties agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.
10. Notice
Notices to you may be made via either email or regular mail. Notice or other correspondence to Hakes should be mailed to:
Hakes International Galleries, LLC.
ATTN: Alex Winter - Privacy Policy
P.O. Box 12001
York, PA 17402
11. General Information
These Terms of Use together with the Hakes Privacy Policy, constitute the entire agreement between you and Hakes and governs your use of the Site, superseding any prior agreements between you and Hakes. These Terms of Use and the relationship between you and Hakes shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Hakes agree to submit to the personal and exclusive jurisdiction of the courts located within Baltimore County, State of Maryland. The failure of Hakes to exercise or enforce any right or provision stated herein shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or these Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles stated herein are for convenience only and have no legal or contractual effect.
References in these Terms of Use shall refer to Hakes and each Hakes affiliated company which utilizes these Terms of Use on its website, and references in these Terms of Use to the “Site” shall refer to any site on which these Terms of Use appear.
By submitting information through or using the Site, you agree to the terms of these Terms of Use. If you do not agree to be bound by the terms of the Site, you should not use the Site.
The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.