Terms of Use
Acceptance of these Terms of Use:
These terms of use are entered into between you, as the visitor to our site, and us, as
its operators, the artists pseudonymously known as Gert and Gisela. We welcome you
and invite you to explore our world. This is an informational website site about us and
the art we create. This site does not solicit or receive payments from visitors; it offers information about our art, which can be purchased by contacting us or our
representatives. No passwords or other login data are required to visit this site.
Comments and other visitor content are not accepted through this site. These terms of
use, together with the companion privacy policy, which is incorporated by reference,
serve as the contract between us for the use of the site.
This site contains nudity but not sexual activity. Visitors who might have sensitivity to
images of the naked human form should exit this website. Parental discretion is
advised in permitting access by children under thirteen years of age.
Intellectual Property Rights:
Other than any third-party material we may use in connection with this website, the site
and its entire contents, features and functions are owned by us and are protected by
United States and international copyright, trademark, design and other intellectual
property and proprietary rights laws. No such rights are transferred to you, and you may
not reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store or transmit any of the material on this website.
Prohibited Uses:
You may use this website only for lawful purposes, all in accordance with applicable law
and these terms of use. You agree to the following: You may not use, or attempt to use,
this website for the purpose of exploiting, harassing, ridiculing or otherwise attempting
to exploit or harm or upset others, most notably minors. You may not frame, mimic or
copy this website or any portion of it or use any portion to further the delivery of any
advertising or promotional materials or otherwise in a manner contrary to these terms of
use or applicable law. You may not impersonate us or disseminate written or electronic
materials containing any such impersonation in any form. You may not disrupt the
proper working of this website, or attempt to do so, by the use of any software,
hardware or other medium, mechanism, method in any form or format. You may not
use artificial intelligence in a manner contrary to the foregoing or to mimic our style or to falsely associate you or anyone else with us or our photography.
Reliance on Posted Information:
The information presented on or through this website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or
usefulness of any information. We disclaim all liability and responsibility arising from
any reliance placed on that information by you or any other visitor to this website, or by anyone else who may be informed of any of its contents.
Changes to this Website:
Without prior notice, we may update the content on this website from time to time, but
that content may not necessarily be complete or up to date. We are under no obligation
to update that material. Particular photographs appearing on this website may not be
available for purchase as and when you might wish to buy them.
Information About You and Your Visits to this Website:
All information we collect on this website is subject to our privacy policy, which may
change from time to time without prior notice. By using this website, you consent to all
actions taken by us with respect to your information that are in compliance with the
privacy policy.
Purchases:
This is an informational site and not a sales site. If you wish to purchase photographs
from us, we would be happy to provide you with a selection from which to choose.
Please contact us or our authorized sales representative in the manner set forth on this
website.
Linking to the Website and Social Media Features:
You may link to our homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it. Other than with our express
written permission, you may not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part. At all times, we have the right to
seek the disabling of any social media features, any links or other electronic facilities
that we deem to be contrary to these terms of use and our personal and intellectual-
property rights, all without notice and in our sole discretion.
Links from this Website:
If this website contains links to other sites and resources provided by third parties, those links are provided for our visitors’ convenience only. We have no control over the
contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any linked
third-party websites, you do so entirely at your own risk and subject to the terms and
conditions of use for any such website.
Disclaimer of Warranties:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,RELATED IN ANY MANNER TO THE OPERATION AND PROVISION OF THIS WEBSITE AND ANY ELECTRONIC DEVICE OR FACILITY UTILIZED IN YOUR ACCESS AND USE OF IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR
PURPOSE. WITHOUT LIMITATION TO THE FOREGOING:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS, CODE OR METHODS THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIALS DUE TO YOUR USE OF THIS
WEBSITE OR ANY GOODS OR SERVICES OBTAINED THROUGH THIS
WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR
ON ANY WEBSITE LINKED TO IT.
YOUR USE AND RECEIPT OF THIS WEBSITE, ITS CONTENT AND ANY
GOODS OR SERVICES OBTAINED DIRECTLY OR INDIRECTLY THROUGH IT IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY GOODS AND SERVICES OBTAINED DIRECTORLY OR INDIRECTLY THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS CONTENT OR ANY GOODS OR SERVICES OBTAINED DIRECTLY OR INDIRECTLY THROUGH IT WILL BE ACCURATE RELIABLE,ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
OR THAT THIS WEBSITE OR ANY GOODS OR SERVICES OBTAINED
DIRECTLY OR INDIRECTLY THROUGH IT WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR VENDORS, LICENSORS, SERVICES PROVIDERS, AGENTS, REPRESENTATIVES, ADVISORS, DEVELOPERS OR OTHER RELATED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL WHETHER FOR PERSONAL INJURY, PAIN AND SUFFERING,EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR FUNDS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR ANY OTHER FORM OF DAMAGE OR INJURY, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification:
You agree to defend, indemnify and hold harmless us, our vendors, licensors, services providers, agents, representatives, advisors, developers and other related parties, as well as respective successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and disbursements) arising out of, or relating to, your violation of these
terms of use or your use of this website, including, without limitation, any use of this website’s content, goods and services, or your use of any information obtained from this website.
Governing Law and Jurisdiction:
All matters relating to this website and these terms of use, and any dispute or claim arising from them or related to them, shall be governed by, and construed in accordance with, the laws of New York State, United States of America, without giving effect to any choice or conflict of law provisions or rules of that state. Any legal suit, action, or proceeding arising out of, or related to, these terms of use or the website shall be brought and instituted by you or on your behalf exclusively in the federal or state courts located in New York County, New York States. You waive all objections to the exercise of jurisdiction over you by such courts and to choice venue.
Arbitration:
At our sole discretion, we may require you to submit any disputes arising from these terms of use or this website to final and binding arbitration before a single arbitrator of
CPR Dispute Resolution Services LLC who is experienced in arbitrating or mediating disputes of the type and nature then provided. The arbitration shall be held in New York
County, New York State, and the arbitrator shall apply the law of that state, without giving effect to any choice or conflict of las provisions or rules of that sate. The parties shall equally bear the costs of administration of the arbitration and the fees of the arbitrator.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT, OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION SHALL HAVE ACCRUED, AFTER WHICH IT SHALL BE PERMANENTLY BARRED.
Interpretation:
These terms of use and our privacy policy constitute entire agreement between you and us regarding this website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding this website. No waiver by us of any term or condition set out in these terms of use shall be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these terms of use shall not constitute a waiver of any such right or provision.
If any provision of these terms of use is held by a court, arbitrator or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that
provision shall be eliminated or limited to the minimum extent that the remaining provisions of the terms of use will continue in full force and effect.
For the purposes of interpreting these terms of use, wherever appropriate in context, any shall be deemed to include all, each to include every, the singular to include the plural, the disjunctive to include the conjunctive, the masculine shall include the feminine, and vice versa.
Changes to these Terms of Use:
We may revise and update these terms of use from time to time in our sole discretion.
All changes are effective immediately when we post them. Your continued use of this website following the posting of revised terms of use means that you accept and agree to the changes. We suggest you check these terms of use from time to time for updates.
Your Comments and Concerns:
To ask questions about these terms of use, contact us at gertundgisela@gmail.com.
Last modified: 3/8/25