TERMS OF USE


Last Updated August 23, 2017

BY USING THE SITE YOU AGREE TO OUR TERMS OF USE.  PLEASE READ IT. 

KennedyArtLaw.com (“the Site”) is a website owned and operated by Kennedy Art Law, P.C. (“Kennedy Art Law”, “we”, “our”, or “us”).  These Terms of Use (“Terms” or “Agreement”) govern how all users, visitors, and others (“you”, “your”, or “users”) may use our Site and the services provided herein.

By accessing or using the website, you indicate that you have read and understand this Terms of Use Agreement (the "Agreement") and agree to be bound by it. You must accept the terms of the Agreement in order to use the Web site. If you do not understand or have questions about the Agreement, immediately stop all use of the website.  This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the website.  When the Agreement is changed, the date of the latest revision will appear at the top of this page.

No Legal Services or Attorney Client Relationship

Although the Site may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel.  You should not and are not authorized to rely on the Site as a source of legal advice.  Your use of the Site does not create any attorney-client relationship between you and Kennedy Art Law.

The Site contains electronic contact information for many Kennedy Art Law personnel.  The mere act of contacting a Kennedy Art Law personnel electronically, however, does not create an attorney-client relationship.  If you wish to become a client of Kennedy Art Law, you must contact an appropriate Kennedy Art Law attorney, and explicitly negotiate retaining the firm.  The Site is not an invitation to form an attorney-client relationship.

Unless you have an attorney-client relationship with Kennedy Art Law, we are not obliged to keep confidential information you may send us.  Under no circumstances, therefore, should you send confidential information to Kennedy Art Law unless you have been authorized to do so by a Kennedy Art Law attorney or you have a pre-existing documented attorney-client relationship with Kennedy Art Law.

User Conduct

You agree that you will not use the website for any illegal purpose.  In addition, you agree that:

  1. You will not harvest, collect or otherwise use contact information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Kennedy Art Law communications facility to deliver or attempt to deliver spam.
     
  2. You will not attempt to gain unauthorized access to the Site or the servers and network associated with the Site.
     
  3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site.
     
  4. You will not use the website in any manner designed to degrade the performance or functioning of the Site, including, without limitation, launching Denial-of-Service (DoS) attacks against the website, unreasonably burdening our online servers, or transmitting malware, viruses, or privacy penetrating software.
     
  5. You agree not to submit false or invalid data, including, but not limited to, misrepresenting your identity or associations by impersonating another person, or otherwise hiding or attempting to hide your identity.
     
  6. You are prohibited from using our Site and services from unlawful or illegal activities, and you agree to only use our Site and services for lawful purposes.
     
  7. You shall not impersonate another person or otherwise misrepresent your affiliation with a person or entity by affirmative disclosures or passive omissions, conduct fraud, or hide or attempt to hide your identity.

Intellectual Property – Trademarks & Copyrights

Enforcement.  Kennedy Art Law carefully maintains and strongly enforces our intellectual property rights, and we aggressively pursue violations and infringement of our rights to the maximum extent permitted by law.  

Scope.  Except for user generated content or as otherwise set forth in this Agreement, all content made available on our Site and services, including, but not limited to, images, text, graphics, illustrations, logos, patents, trademarks and service marks, copyrights, audio, video, and music are the exclusive property of Kennedy Art Law and/or our licensors.

Permission.  Our Site and services feature content that is either our exclusive property or properly licensed.  You are prohibited from using such images or content unless specifically permitted by these Terms or by explicit written permission from an authorized Kennedy Art Law representative obtained prior to your anticipated use.  Please note that any unauthorized uses of our name, photos, blog posts, or content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks.  Kennedy Art Law’s trademarks, service marks, name, and logos (“the Trademarks”) are our exclusive, protected property.  Nothing contained on our Site or services should be construed as granting any license or right to use any Trademarks belonging to Kennedy Art Law or from a third party affiliate whose trademark may be featured on our Site.  You must seek direct and specific prior written permission from Kennedy Art Law to use our Trademarks.  You will violate these Terms by misusing our Trademarks or exceeding the scope of use permitted by specific permission or as set forth in the these Terms.

Authorized Use.  Kennedy Art Law’s Site and content is protected by copyright.  We grant users and visitors to our Site and services a limited revocable license to consume and view our content for individual, personal, non-commercial use only.  This means that users may view our content on their personal devices, but you may not copy-and-paste, re-publish, or create derivative works using our content, even if you are not charging or running ads on your secondary use.  You are also strictly prohibited from selling, licensing, modifying, distributing, reproducing, transmitting, publicly displaying and performing, publishing, adapting, or editing any Kennedy Art Law’s content made available through our Site or services, for any purpose not expressly permitted by these Terms.  Exceeding the scope of this limited license shall be deemed a violation of our federal copyrights and trademarks, and other rights set forth by state law, and we will aggressively pursue such violations.

DMCA.  Kennedy Art Law takes great efforts to ensure compliance with U.S. intellectual property laws regarding copyrights and trademarks.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is available on the Site, please notify our copyright agent, as required by the Digital Millennium Copyright Act of 1998 (“DMCA”).  

Michelle Kennedy
299 South Main St, Ste. 1300
Salt Lake City, Utah 84111
info [at] kennedyartlaw [dot] com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL ON OUR SITE IS INFRINGING, THEN YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 No Warranties and Limitation of Liability

Information provided on the website is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.  Kennedy Art Law periodically adds changes, improves or updates the information and documents on the Site without notice.  Kennedy Art Law assumes no liability or responsibility for any errors or omissions in the content of the Site.  Your use of the Site is at your own risk.  Under no circumstances and under no legal theory shall Kennedy Art Law, its suppliers or any other party involved in creating, producing or delivering the Site’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Site.

Links to Third Party Sites

If you use any links on the Site to websites not maintained by Kennedy Art Law, you will leave the Kennedy Art Law Site. The linked sites are not under the control of Kennedy Art Law and Kennedy Art Law is not responsible for the contents of any linked site or any link contained on a linked site.  Kennedy Art Law provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Kennedy Art Law of the Site.

Privacy

Kennedy Art Law cares about your privacy.  Please refer to our Privacy Policy which is incorporated by reference - for more information regarding our terms and standard practices on privacy issues.  By using our Site, you grant Kennedy Art Law permission to collect, store, use, and/or disclose information as permitted by our Privacy Policy.

Consideration

You agree that the opportunity to access our Site and services is adequate consideration for the rights and obligations set forth in these Terms, and such consideration is not voided by inability to access the site due to Kennedy Art Law’s revocation of your privileges, or a technical error, negligence or interference by us or a third party, or acts of God.

Acceptance

By using this Site, you are deemed to have accepted the terms of our Privacy Policy and Terms of Use.  If you do not agree with our Privacy Policy or Terms of Use, then your sole remedy is to discontinue using our Site and services.  Your continued use of the Site following any posted changes to our Privacy Policy or Terms of Use will be deemed acceptance of those changes.

Severability

In the event any portion of these Terms is deemed unenforceable, all other provisions of the Terms shall remain in full force and effect, and a waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision hereunder.

Assignment

Users may not transfer or assign your rights, duties, obligations, representations, warranties, permissions, and licenses (“Rights”) set forth in these Terms.  Kennedy Art Law may transfer and assign the Rights without restriction. 

Jurisdiction and Venue

The laws of the State of Utah shall govern this Agreement.  All services provided on or through this Site are effectively rendered in the State of Utah, which is the headquarters of Kennedy Art Law, and such services are passive – meaning that they do not give rise to personal jurisdiction over us in other jurisdictions outside of the State of Utah.  Any claim or dispute between you and Kennedy Art Law that arises in whole or in part from our Site or related services shall be decided exclusively by a court of competent jurisdiction in Salt Lake County, State of Utah.

Contact Us

For any questions regarding these Terms, please contact us at info [at] kennedyartlaw [dot] com.