WEBSITE TERMS AND CONDITIONS OF USE




1. ACCEPTANCE OF TERMS AND CONDITIONS


By accessing this website, accessible from www.thedigitalarchive.art (the “Website”), you agree to be bound by and accept without limitation or qualification these terms and conditions of use (the “Terms and Conditions”) and agree that you are responsible for following any applicable local laws. If you disagree with or do not wish to be bound by any of these Terms and Conditions, you are prohibited from accessing the Website.



2. TRADEMARKS AND COPYRIGHTS


The materials contained in the Website are protected by copyright and trademark law. Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions, including, for example, rights of privacy and publicity. Long Table LLC retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Long Table LLC. Long Table LLC expressly prohibits the copying of any protected materials on this website, except as such use is permitted as a matter of law by the doctrine of fair use, including as set forth in 17 U.S.C. § 107, and otherwise as described in Section 3. You may not use the names, titles, trademarks, service marks, and logos that appear on the Website (the “Website Trademarks”) to state or imply an association with or endorsement of your goods, services, or activities or in any manner that infringes upon the Website Trademarks without prior, written permission from Long Table LLC. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Website Trademarks or may be construed to mean that Long Table LLC has authority to grant any right or license on behalf of any third party trademark owner.



3. USE LICENSE


Permission is granted to access the materials on the Website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:



  • modify, copy or download the materials;
  • mint photographs on the blockchain;
  • use the materials for any commercial purpose or for any public display;
  • attempt to reverse engineer any software contained on the Website;
  • remove any copyright or other proprietary notations from the materials;
  • transfer the materials to another person; or
  • “mirror” the materials on any other server.




This will allow Long Table LLC to terminate your access to the Website and ability to participate in any ventures managed primarily by Long Table LLC (including, but not limited to, the issuance of any non-fungible tokens (“NFTs”)) upon violations of any of these restrictions. Upon termination, your right to view the Website will be terminated and you should destroy any downloaded materials in your possession whether they are in printed or electronic format.



4. WARRANTY AND INDEMNIFICATION


By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold harmless Long Table LLC, its affiliates, trustees, directors, officers, employees, or agents from all allegations, claims, causes of action, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website and its contents.



5. DISCLAIMER OF WARRANTIES


All the materials on the Website are provided on an “as is” and “as available” basis. Your use of the Website is at your own risk. Long Table LLC disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. Long Table LLC assumes no responsibility and shall not be liable for any damages to or viruses which may affect your computer equipment or other property arising from your use of the Website.



6. LIMITATION OF LIABILITY


Neither Long Table LLC, nor its affiliates, trustees, directors, officers, employees, or agents, shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if Long Table LLC or an authorized representative of the Website has been notified, orally or in writing, of the possibility of such damage), arising from or related to your use of  the Website.



7. REVISIONS AND ERRATA


The materials appearing on the Website may include technical, typographical, or photographic errors. Long Table LLC will not guarantee that any of the materials in this website are perfectly accurate, complete, or current. Long Table LLC does not warrant that the site will provide continuous, prompt, secure, or error-free service. Long Table LLC makes reasonable, ongoing efforts to revise and update the Website, but assumes no liability for any errors or omissions, including inaccuracy of content, or for any damages or losses that you or and third party may incur as a result of the unavailability of the Website.



8. LINKS


The Website may link to or from third-party sites that are not under the control of Long Table LLC. Long Table LLC has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The presence of any link does not imply Long Table LLC’s endorsement, sponsorship of, or affiliation with the third party or content on the linked site, including advertisements that may be posted. The use of any linked website is at the user’s own risk.



9. WEBSITE TERMS AND CONDITIONS MODIFICATIONS


Long Table LLC may revise these Terms Conditions for the Website at any time without prior notice. By using the Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use. Long Table LLC does not make any commitment to update the materials.



10. YOUR PRIVACY


All information gathered from you in connection with your use of the Website is governed by the Website’s Privacy Policy. Please note that the Website is not specifically dedicated to children and the Website does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting information to the Website.



11. RESERVATION OF RIGHTS


All rights not expressly granted herein are specifically and completely reserved. Nothing on the Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Long Table LLC has authority to grant any right or license on behalf of any third party.



12. GOVERNING LAW


Any claim related to the Website shall be governed by the laws of the State of California without regards to its conflict of law provisions.



13. SEVERABILITY


If any of the provisions of these terms and conditions shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms and Conditions, but rather the Terms and Conditions shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and your rights and obligations shall be construed and enforced accordingly, to effectuate the essential intent and purposes of these Terms and Conditions.



14. WAIVER


Long Table LLC’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Long Table LLC.