Terms and Conditions

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TERMS AND CONDITIONS - OVERVIEW

This website is operated by EvaNali Art. 

EvaNali Spacek, EvaNali Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting my site and/ or purchasing something from EvaNali Art, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing, using my website, or downloading any of my downloadable images. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of my services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Content Download and Use Agreement

This is our/my End User License Agreement (EULA). By using our/my website or downloading any image from the "EvaNali Art" pages, you acknowledge and agree to the following:

1. Preamble and Acknowledgement

By using the evanaliart.com website, you acknowledge that any and all content on the site is protected by copyright and other proprietary rights, including the images contained on the “EvaNali Art” pages. You further acknowledge that such copyright and proprietary rights are retained and exercised by evanaliart.com.

2. Restrictions on Use of Site Content

By using this website, you acknowledge that the only content available for download is restricted to those images specifically labeled for such use found exclusively as "Paid for" pictures on the “EvaNali Art” pages. Do not use commercially. You acknowledge that all my art images, are legally available for you to download only. You don’t have the right to distribute, publish, modify, display, create derivative work, sell or reproduce in any way. This is what “all rights are reserved” means; you are legally bound to respect this.

3. Use of “EvaNali Art” Images – Terms and Conditions

You may download only the “EvaNali Art” images situated specifically on the "EvaNali Art website" and may do so only in accordance with the terms of this Content Download and Use Agreement. By clicking on and downloading any image on the “EvaNali Art” pages, you acknowledge and agree that you shall be bound by the following terms and conditions of this Agreement. You also agree to the following:
 

A - PERSONAL, EDUCATIONAL or NON-PROFIT USE:

Use the digital image(s) for a personal screen saver, desktop/laptop computer or smartphone wallpaper, personal project, presentation, demonstration, homework, training or lesson as you wish. You may also print our images on a stand-alone basis for personal use. Non-profit or educational institutions may also print our images as graphic design elements used in brochures, flyers or publications, but any such print use requires photo credit/attribution: "© EvaNaliArt.com". Non-profit or educational institutions may also post our images in online publications for editorial or illustrative purposes; online use requires an active link to: evanaliart.com.

B - ONLINE USE BY INDIVIDUALS, BUSINESSES, WEBSITES and PUBLISHERS:

Most commercial uses of my EvaNali Art images are prohibited under this EULA. However, editorial use of our EvaNali Art images is generally permitted and may be used by business entities, bloggers, authors/publishers and websites as long as the use illustrates or supports editorial, textual or commentary type of content. This may include use on a social networking account, or personal or business website in a manner that is consistent with all aspects of our EULA. **Our attribution and link requirement must be met for any instance of online posting or publication of our photo. (see below)

5. Editorial use of the digital image is permitted on blogs, online publications and online articles in a manner in which the image serves as an exemplar to illustrate or support textual content. Use at your own risk; the images are offered on an 'as is' basis with no implied or direct warranty as to the legality of any use. Textual content in editorial use may not in any way derogate or defame any identifiable individual or entity featured in the image, or evanaliart.com. **Our/my attribution and link requirement must be met for all editorial use. (see below)

Derivative works are not permitted. You may not replace my signature with any of another company, website or photographer, or any institution. 

**Attribution and Link Requirement:

6. For every instance in which one of my art images of EvaNali Art is published online, a photo credit caption must accompany the image (generally shown below the image), with the following text: “Image Courtesy www.evanaliart.com, © 2020, all rights reserved”

You must provide an active follow link to http://www.evanaliart.com within the caption.

You May NOT Do the Following with any of my art images:

C - COMMERCIAL USE:

7. Our/My art images, of EvaNali Art images are not intended nor are they permitted for commercial use. Our/My images may contain trademarks, copyrighted designs, logos, products, packaging, recognizable people, buildings and other content for which there are no releases that would be required for commercial use. Prohibited commercial uses include, but are not limited to: advertising of any kind, logo, trademark, product packaging, commercial design, poster, flyer, brochure, mail-out, e-mail campaign, business card, merchandising, marketing, banner, display, printing or any stand-alone image use. Our/My images may not be used to make direct or derivative designs for any business product or printed materials that are distributed or redistributed. Our/My images may not be sold "as is", nor modified and sold. They may not be used in any designs for any product that may be published electronically or printed mechanically, such as greeting cards, e-cards, t-shirts, posters, mugs and other similar uses.

D - OTHER PROHIBITED USES OF OUR/My EvaNali Art IMAGES:

Attempt to or execute a sale, license or sub-license of any of our digital images in any format;

Modify the image to create a derivative work;

8. Redistribute any of our/my EvaNali Art images on a standalone basis. This means that you may not host any of our/my pictures for download to other users as part of a repository, gallery or otherwise hosted source of free or paid images. In plain language, you may not under any circumstance re-host or re-post our pictures as part of a gallery for other people to download.

Falsify the origin or source of the image (removing copyright and Eva Nali Art information or failing to post a caption and link attributing said image to www.evanaliart.com constitutes falsifying the origin or source of the image);

9. Indemnification

You, the user agree to indemnify, defend and hold www.evanaliart.com, its affiliates, and their respective officers, directors, employees, owners, shareholders, agents, representatives, licensors and (sub)licensees (collectively, "Indemnitees") harmless from and against all claims, liabilities, losses, costs and expenses (including attorney/lawyers’ fees on a solicitor and client basis) or other liability incurred by evanaliart.com arising from or in connection with the user’s breach of any of his or her obligations under this Agreement, and from any and all uses of content, including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation or right of privacy.

www.evanaliart shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by the Member with counsel of its own choosing. The user shall fully cooperate with evanaliart.com in the defense of any such claim, action or matter.

10. Limitation of Liability

You assume all responsibility and risk for use of this website, including without limitation any of the content or information contained herein. You acknowledge that evanaliar.com does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some of the images appearing anywhere on our site. evanaliart.com commonly does not have releases from property owners, designers or manufacturers of commercial products, such as but not limited to, packaged products, vehicles, aircraft, recognizable buildings, designer clothing, etc.

11. Concluding Acknowledgement

Your use of this website denotes your understanding of this Agreement and your covenant to be bound by all terms and conditions set forth herein.