TERMS OF USE

GENERAL TERMS AND CONDITIONS.

Last updated on January 23^rd, 2021.

Welcome to the artist's website of Tristan D. Grey. If you continue to browse and use this website, through visiting tristandgrey.com (through the following addresses: www.tristandgrey.com, www.tristandgrey.de, www.tristandgrey.net, www.tristandgrey.org, or other related addresses), you are agreeing to comply with and be bound by the following Terms and Conditions of Use and also to the provisions of our Copyright Statement and acknowledge the following legal restrictions, which govern Tristan D. Grey's relationship with you in relation to this website. Please read carefully.

If you disagree with any part of these terms and conditions, please do not use our website.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

The term ‘Tristan D. Grey’ or ‘Tristan D. Grey – Artist’ or ‘Tristan D. Grey – Studio’ or ‘the Artist’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

This is a legally binding agreement between you and Tristan D. Grey – Studio regarding the use of our website. Browsing, purchasing or otherwise using any content, software or services made available through the tristandgrey.com website constitutes a full acceptance of the below Terms & Conditions as well as our Privacy Policy and License Agreement (when applicable).

Who We are

Our website address is https://tristandgrey.com. In the following, we are referred to as ‘we’, ‘us’, ‘our’, ‘Tristan D. Grey’, and ‘Tristan D. Grey – Studio’, whereas the website is referred to as ‘Tristan D. Grey – Artist’, ‘tristandgrey.com’, or simply ‘site’ depending on the context.

This website (the ‘site’) is operated by Tristan D. Grey – Studio. The term ‘site’ refers to the Tristan D. Grey – Artist website, source codes used, layouts, designs, images, icons, texts and all other intellectual property protected under the copyright or any other proprietary right and located at the tristandgrey.com domain.

How to contact Us

If you have any questions about this policy or your personal information, please contact us via the contact form provided on our contact page.

Acceptance of these Terms

As the person accessing our site (‘you’, ‘your’), your use of the site constitutes your acceptance of all provisions of these Terms of Use. If you do not agree to these terms, you must not use our site. In addition to these Terms of Use, please read the following documents, which also govern your use of the site:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site you consent to such processing and warrant that all data provided by you is accurate; and
• Our Cookie Policy, which sets out information about the cookies on our site (together the ‘Policies’).

We recommend that you print these Terms of use and Policies for future reference.
We may revise these Terms of Use, and the Policies in the future. You should, therefore,  review the relevant pages regularly to ensure that you are  aware of any changes.
This website is not, and does not purport to be a catalogue raisonné, and the inclusion on, or exclusion from, this website of any work does not constitute, and may not be relied upon as constituting, a representation or warranty that such work is or is not an authentic work of Tristan D. Grey. If you believe that any information we are providing is incorrect or incomplete, contact us via the contact form provided on our contact page. We will correct any information found to be incorrect.

Changes to and Use of Our Site

We may update and change our site from time to time and do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we may suspend, withdraw, discontinue or change all or part of our site without notice to you. We reserve the right to restrict the availability of all or part of our site at our discretion. We shall not be liable to you or any third party for any modification to or withdrawal of the site.

Content Usage Restrictions

In accordance with our License Agreement you agree to abide by and respect the following restrictions on Content usage and distribution and you warrant, to the best of your abilities, to notify and impose these restriction upon third parties that are authorized access to Accounts or Content on behalf of you or your corporate entity.

• You are NOT permitted to share or distribute Content to unlicensed third parties as a whole or individually.
• You may NOT sell or distribute any of the Photos/Images as stock photography, wallpapers, textures or photo references or as part of any other commercialized database or competing service, or any derivative product containing the Photos/Images in such way that would allow a third party to use, download or access original Photos/Images as stand-alone files.
• You may NOT use, sell or distribute Photos/Images in an insufficiently modified form; this includes but is not limited to resizing, color correcting, cropping, rotating, flipping, applying filters by themselves or in a collection or use them for purposes that may compete with the service of this website such as: reference packs, stock photography, texture packs, wallpapers, clipart, etc... When in doubt, we recommend to contact our support team with examples of how you wish to use our Photos in order to confirm if any issue may arise.
• You may NOT use Photos/Images directly for printed media or any non-digital derivative product where the Photos/Images comprise the primary value of the product's intended sale or distribution including but not limited to: post cards, calendars, photo books, photography prints, t-shirts, mouse pads, phone cases, etc...
  
• You may NOT distribute Photos/Images as incorporated into an item of merchandise if the used Content has not been modified or used in such way or to the extent that the modification or final result is substantially different to the original or until the Creation as a whole can qualify as an original work of authorship, or the primary value of the Creation does not lie with the Content itself.
• You may NOT use Content in a pornographic, defamatory or otherwise unlawful manner, or in violation of any applicable regulations or in a way that infringes the copyrights or intellectual properties of others.

Intellectual Property

All materials and the presentation of these, including this Site and all of its downloadable Content are the property of Tristan D. Grey. Unless otherwise indicated, all material featured, displayed or made available on the Site is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Except as permitted by law, you must not reproduce, distribute, transmit, disseminate or otherwise use in any way any material (or part thereof) on the Site, without first obtaining a licence to do so from us or our licensors (as the case may be).

If you use any material on our site in breach of these Terms of Use, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies or other infringing material so created.

Please be aware that rules and legislation may vary by country or state and should be consulted by the licensee prior to any form of publication.

Links to Our Site

Any party seeking to link to this site either directly or from within a frameset must first seek consent from Tristan D. Grey.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you, and you must not frame our site on any other website.

We reserve the right to withdraw linking permission without notice.

Links to other Sites

Where our site contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only and may not remain current or be maintained.

We have not reviewed the content, processes, or privacy practices of these third party sites and is not responsible for any content or activity that may take place on such a site. As such, we are not responsible for the privacy policies, practices or content of the website with links on our website. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk. 

Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those websites, or for any information, products or services referred to on those other websites. We have no control over the contents of those websites and disclaim any liability, and accept no responsibility, for the content of any website referred to or accessed through our site.

Our Liability

To the extent permitted by law, we, and any third parties connected to us, hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or the results of using our site or any content displayed on it, any websites linked to from it and any materials posted on it (including, without limitation, any liability for loss of income or revenue, loss of business, business interruption, loss of profits, anticipated savings or contracts, loss of business opportunity, goodwill or reputation or loss of data) and for any other loss or damage of any kind, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable.

The site and the material displayed on it is provided for general information only and on an ‘as is’ basis, and we exclude all implied conditions, warranties, representations or other terms that may otherwise apply to our site or to any content on it. Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees of any kind, whether express or implied, about the completeness, accuracy, timeliness, performance, reliability, suitability or availability of the content on the site and the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You confirm that, in accepting these Terms of Use, you have not relied on any representation, and you agree that you shall have no remedy in respect of any representation, whenever and however made. Your statutory rights are not affected by these Terms of Use. Any reliance you place on such information is therefore strictly at your own risk.
Nothing in these Terms of Use shall affect our liability for death or personal injury cause by our negligence, our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, employees, partners, licensors, agents and suppliers, harmless immediately on demand from and against all claims, demands, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Terms of Use or the Policies and for any other liability incurred by us arising out of your use of this site.

Miscellaneous

By using our Site, you constitute a full acceptance of our License Agreement, Terms & Conditions and Privacy Policy and any unilateral amendments made to those terms and policies.

By using tristandgrey.com, you represent and warrant that you are lawfully able to accept these Terms & Conditions. If you are using our service on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms & Conditions on such entity's behalf, and that such entity agrees to indemnify Tristan D. Grey for any violations of the terms set forth in this agreement.

If any part of these Terms of Use or the Policies is deemed unlawful, void or for any reason unenforceable, in whole or in part, then such part shall be deleted, and the remainder of the terms shall remain in full force and effect.

Tristan D. Grey is entitled to equitable relief, including both a preliminary and permanent injunction and may recoup from you all damages it suffers as a result of your violation of our License Agreement and/or Terms & Conditions.

Applicable Law

This Site is controlled, operated, and administered by Tristan D. Grey – Studio in Germany. These Terms of Use, the Policies and their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of Germany. Any disputes relating to the Terms of Use or Policies shall be subject to the exclusive jurisdiction of the Courts of Germany.

Changes to Our Terms & Conditions

Tristan D. Grey may amend these Terms & Conditions, other policies and its products, prices and services at any time with reasonable notice, including without limitation by sending an email update to all of its customers. Any amendments or alterations made to these terms shall take immediate effect and apply to all use of the Site, its services and Content after such amendments have been made. A timestamp of the most recent amendments labelled ‘Last updated’ can be viewed at the top of each policy's section. 

We encourage users to review this page on a regular basis to ensure you stay up to date with our terms.

PROPRIETARY NOTICES AND TRADEMARKS.

Last updated on January 23^rd, 2021.

This website is owned and operated by Tristan D. Grey. The content of this website is copyright property of Tristan D. Grey unless specified and all works featured are also protected by copyright law. All rights reserved.  All designs, logos, texts, graphics, images, pictures, artwork, information, data, software, sounds, sound files, video, video files, and files, and other elements associated thereto, and the selection and arrangement thereof (collectively, the ‘Site Materials’) are the sole and exclusive property of Tristan D. Grey and are protected by international copyright laws. Any use of any of the materials on this site other than for private, non-commercial viewing purposes is strictly prohibited.

The sale, lease, loan, trade, or use of any of the logos, texts, graphics, pictures, artwork, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without the prior written consent from Tristan D. Grey is expressly prohibited.

You may download, display or print and reproduce the Site Materials in unaltered form only (retaining this notice) for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is expressly prohibited.

Apart from any use as permitted under the Copyright Act, you may not, in any form or by any means:

1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
2. commercialise any information, products or services obtained from any part of this website, without the written permission of Tristan D. Grey or the respective artist.

Trade Marks

This web site contains trademarks of Tristan D. Grey. No licence, interest or right to or in any such trademarks of Tristan D. Grey is granted to or conferred upon you. Any reproduction or use of any of the content on this site without the express written consent of Tristan D. Grey or unless expressly authorized by law is prohibited. If you use any of Tristan D. Grey's trade marks to refer to our activities, products or services, you must include a statement attributing those trade marks to us. You must not use any of our trade marks:

• in or as the whole or part of your own trademarks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services.

DATA COLLECTION AND PERSONAL INFORMATION.

Last updated on January 23^rd, 2021.

This Privacy Policy (together with our Terms of Use set out above and any other documents referred to) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By visiting this site you agree to be bound by the terms of this Privacy Policy.

We may revise the terms of this Privacy Policy from time to time. Please review this page regularly to ensure that you are familiar with the latest version and are aware of any changes.

We are committed to protecting your privacy and make our best efforts to secure personal data.

For queries regarding our Privacy Policy, please contact us via the contact form provided on our contact page.

Collection of Personal Information

When visiting our Site, you can browse and navigate without providing any Personal Information.
However, we do collect specific Personal Information of users when required to do so in order to provide certain products or services. 
This includes information collected during and after usage of our contact form.

Some of the information users may provide is mandatory and some is voluntary.
Please note that some services or activities on the Site may not available if certain information is not provided by the user.

When using our website, Tristan D. Grey – Studio may collect the following Personal Information from you:

• IP address (used for tracking Account logins and avoiding unauthorized access)
• Location (your IP address is linked to a country, city and/or region. This data is approximate)
• E-mail (required for contacting or subscribing to our newsletters)
  
• Personal name, company name and/or address (voluntary unless legally required)

We may collect and process information that you provide to us by completing the contact form on our website, by corresponding with us by e-mail, by phone, or by any other method. This information may include your name, phone number, postal address and e-mail address.
We may also automatically record technical or other information about your visit to the site, including: the full URL clickstream to, through and from our site; the internet protocol (IP) address used to connect your computer to the internet; computer and connection information such as your browser type and version; the country and telephone area code where your computer is located and the pages of the site that you viewed during your visit.

Use of your Personal Information

Tristan D. Grey – Studio does not provide Personal Information collected to any third parties other than those required to run our service and website. 
We do not sell, rent or share your personally identifiable information in any way other than as disclosed in this policy.
Our goal is to collect as little data about you as possible.

We will use your information:

• to deal with or address any comments, enquiries or complaints made by or about you relating to the site;
• if you consent, to notify you of our services that may be of interest to you (you may revoke your consent at any time by notifying us via the contact form provided on our contact page with the word ‘unsubscribe’ in the subject line);
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes; and
• to improve our site by ensuring that content is presented to visitors in the most effective manner or as part of our efforts to keep our site safe and secure.

Your personal information will not be used for any purpose of a commercial or non-commercial nature unrelated to Tristan D. Grey and without your permission. We will not without your express consent provide your personal information to any third parties for the purposes of direct marketing.

Disclosing your Information

You agree that we have the right to disclose your information:

• in order to enforce or apply our Terms of Use and Policies or other agreements entered into with you, or to protect the rights, property, or safety of Tristan D. Grey or others;
• in the event that Tristan D. Grey – Studio or substantially all of its assets are acquired by a third party, in which case personal data held by it may be one of the transferred assets; and
• where we are required to by virtue of any legal, regulatory, or other obligation.

Protection of Personal Information

Tristan D. Grey – Studio ensures its best efforts to protect the Personal Information submitted to us.
We use the following methods to protect Personal Information as much as possible:

• Our website uses ‘secure socket layer technology’ (SSL) to encrypt sensitive information input such as passwords or when dealing with transactions.
• Your Personal Information is stored on our secure servers that only Tristan D. Grey administrators have access to using an encrypted password and SSL secured backend system.

Please note that no method of transmission over the Internet or method of electronic storage is 100% secure. 
While we use commercially available means to protect your Personal Information, we cannot guarantee its absolute security.

Contact Forms

We may collect and process information that you provide to us by completing the contact form on our website, by corresponding with us by e-mail, by phone, or by any other method. This information may include your name, e-mail address, phone number, postal address, reason for contact, and country of origin (some of which is required, others voluntarily submitted by you).

If at any time you decide that you do not want to receive e-mails from us, including newsletters or updates about our latest events, you can take the following actions to change these settings:

• You may revoke your consent at any time by notifying us via the contact form provided on our contact page with the word ‘unsubscribe’ in the subject line).
• For customers who receive e-mail updates because they signed up for our newsletter, you can choose to unsubscribe from our mailing list from directly within any of the e-mails you receive.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Cookies

Our site uses cookies to distinguish you from other users of the site and to provide features to you. For information about cookies and how we use them, see our Cookie Policy below.

Embedded Content from other Websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way, as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

ANALYTICS AND DATA SHARING.

Last updated on January 23^rd, 2021.

Cookies are small text files that are stored on your computer or internet-enabled portable device by the websites you visit. They are used to make websites work and to improve their efficiency, as well as to provide website usage information to the website owner.
By visiting and interacting with the site, you are agreeing to our use of cookies in accordance with this Cookies Policy, our Privacy Policy and our website Terms of Use.
Cookies contain information that is transferred to your computer's hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page.
Our site uses cookies to distinguish you from other users of our site, in order to help us to improve your experience when you use it. Some cookies are essential for the functionality of the site and allow features to work correctly. Other cookies may collect information about how visitors interact with our site, for instance to show which pages are viewed most frequently.
If you wish to remove cookies that are already on your computer, please refer to your Internet browser's help and support area for instructions on how to delete cookies.

Google Analytics & Web Metrics

When browsing websites third parties may at times collect certain information about your computer and browsing session.
For example, such information may include your browser type, operating system, IP address and time spent on the website.

Please note that this information is practically anonymous and does not contain any personal data such as name, address or payment details.

How We use Google Analytics

We use Google Analytics, a web analytics tool, on this site to understand how the website is being found and used to help us improve the user experience.

Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile the reports and to help us improve our site.
Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit this site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

Data Sharing

Data gathered for analytics purposes is never shared with third parties outside of Tristan D. Grey – Studio and those providing this data.
Information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and Privacy Policy.
Users can choose to manage the data collected about them through Google Analytics if they wish to do so.
Learn more about privacy at Google here.

Data Retention

We will retain your information for as long as needed to provide you with our services. 

Users can choose to delete their Personal Information. During this process all Personal Information provided is set to be permanently deleted. We will retain certain information if necessary to comply with our legal obligations, to resolve open disputes or to enforce our License Agreement and/or Terms & Conditions. If such obligations no longer exist, your information will be removed permanently from our databases.

If you wish to request the deletion of any of your Personal Information, please write to us via the contact form provided on our contact page.

DISCLAIMER COPYRIGHT INFO

THE MATERIALS IN THIS SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRISTAN D. GREY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRISTAN D. GREY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.