Terms of use

TERMS OF USE
Please read the following legal restrictions and terms and conditions carefully before using this site. By using this site, you indicate without limitation or qualification your agreement to the restrictions and terms and conditions. If you are not agreeable to the following restrictions and terms and conditions, do not use this site.

RESTRICTIONS ON USE OF MATERIALS
Davide Luciano maintains this site (the "site") for your personal entertainment, information, education and communication. You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sound images and other material (collectively "Content"), which is generally provided by Davide Luciano  You agree and acknowledge that, notwithstanding that Davide Luciano  permits access to the Content, the Content is protected by copyrights, trademarks, and other intellectual property and proprietary rights (collectively the "Rights"), that these Rights are valid and protected in all media now existing or hereafter developed, and your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Images of people or places displayed in the Site are either the property of, or used with permission by, Davide Luciano  The unauthorized use of these images by you is strictly prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
In addition to Davide Luciano  Rights in and to the individual images of the Contents, Davide Luciano  owns a copyright in the selection, co-ordination, and management of the Content. Nothing contained herein may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the written permission of the copyright owner.
You should feel free to browse the Site. However, you may not download, distribute, modify, transmit, participate in the transfer or sale of, reproduce, perform, display, incorporate into another Website, create derivative works for, or in any other way exploit any of the Content, in whole or in part. You can use the Contents for informational, personal, and non-commercial purposes only. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including all POTHOLES photos  are registered and unregistered Trademarks of Davide Luciano  and others. Nothing contained on the Site should be construed as granting by implication, estoppel or otherwise any license or rights to use any Trademark displayed on the Site without the express written permission of Claudia Ficca & Davide Luciano, Davide Luciano , or such third party that may own the Trademarks displayed on the Site.


DISCLAIMERS AND LIMITATION OF LIABILITY

While Davide Luciano  uses reasonable efforts to include accurate and up-to-date information on the Site, Davide Luciano  makes no warranties or representations as to its accuracy. Davide Luciano  assumes no liability for any errors or omission in the Content on the Site.

Your use and browsing of the Site is at your risk. Davide Luciano  nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of , the Site. Without limiting the foregoing, everything on the Site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Davide Luciano  also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site.


USER SUBMISSIONS

Davide Luciano  welcomes your comments regarding this site, and its products. However, you are hereby advised that any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by Davide Luciano  for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Davide Luciano  is free to use any ideas, or information you transmit to the Site for any purpose.


LINKS FROM OTHER WEB SITES

POTHOLES- Davide Luciano  has not reviewed the sites linked to the Site and therefore is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.


FUTURE REVISIONS

Davide Luciano  may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.


USE OF MYPOTHOLES IMAGES IN COMMERCIAL REQUESTS

Davide Luciano holds the copyright and intellectual property rights for all of their images and use is strictly prohibited without Davide Luciano’s permission. The use of Davide Luciano's images for advertising or promotional campaigns must be requested. We do not allow Davide Luciano's images to be used in logos other than our own.


USE OF Davide Luciano’s IMAGES ON A WEBSITE

Davide Luciano images may only be used as part of a Davide Luciano web page, ie. they must be used within a Davide Luciano environment or gallery and may not be used in a way that is unrelated to Davide Luciano. The images must not be seen as endorsing or associated with any other entity, person or organization.


All images must fairly represent the original work and be used in their entirety without tampering, additions, cropping or other manipulation that would affect the integrity of the image and the work of Davide Luciano.


All sites displaying Davide Luciano images must provide a link to or the address of the official Davide Luciano Website www.Davide Luciano.com or www.mypotholes.com.


The images of Davide Luciano which you obtain from any source are licensed to you by Davide Luciano for the limited purpose of displaying them on your personal Website. This does not mean that title to the image was transferred to you. You own the medium on which the images are recorded, but Davide Luciano retains full and complete title to the images, and any intellectual property rights therein. You may not redistribute, reproduce, make derivative works, perform or otherwise use the images. They can only be displayed on their unaltered state on your Website in a designated Davide Luciano Gallery. Images may not be sold or used in any way, including but not limited to, the selling of products, or in connection with the promotion of any type of affiliation program wherein commissions are earned for producing links to a commercial enterprise. Furthermore, no use of any image may infringe upon the rights of an existing or potential commercial opportunity for the Davide Luciano group of companies or its licensees.


All use of Davide Luciano images must carry appropriate copyright and other intellectual property information acknowledging that the copyrights to all images are owned by Davide Luciano. In addition, any trademarks contained or associated with the image must be retained. Further, no license is granted in respect of any property rights.


Davide Luciano reserves the right to require changes to your use, layout, design, quality and other elements pertaining to any Davide Luciano image and associated use on a Website. These changes may require the removal of any and/all of Davide Luciano images or reference thereto at the sole discretion of Davide Luciano. Any request will be completed in full without delay and performed without prejudice.


Davide Luciano reserves the right to make future changes to these guidelines. By using any MYPOTHOLE image, you thereby consent to these guidelines and any future changes.


The term "MYPOTHOLES" means the artists Claudia Ficca & Davide Luciano.








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