ForeverScape Privacy Policy

Your information will not be displayed to the public. The ForeverScape app is owned and operated by the artist. We promise to never sell your information to a third party. The artist may very rarely contact you, and only with relevant news related to the art.

ForeverScape Terms and Conditions

By continuing to use the ForeverScape App, you accept and agree to these terms.

It is an infringement of our copyright to use images and other content without without paying a license fee. ForeverScape® is a Registered Trademark with the United States Patent Office. Use of the name ForeverScape in any form without permission will be prosecuted to the fullest extent of the law.

These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application.

Consent to Recieve Email Messages

In order for this applicaiton to function, communication to you by email is required. This is to prevent fraudulent use and deliver important system notifications. By using this application, you agree to recieve automated or manual communicaitons from ForeverScape's servers. Other types of notifications such as alerts may be added and these terms will be updated to reflet the addition of new means of communication.

License to use app

Unless otherwise stated, ForeverScape and/or its licensors own the intellectual property rights in the application and material on the application. Subject to the license below, all these intellectual property rights are reserved.

The application is for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this application (including republication on another application); sell, rent or sub-license material from the application; show any material from the application in public; reproduce, duplicate, copy or otherwise exploit material on this application for a commercial purpose;

Acceptable use

You must not use this application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this application without ForeverScape's express written consent.

You must not use this application to transmit or send unsolicited commercial communications.

You must not use this application for any purposes related to marketing without ForeverScape's express written consent.

Restricted access

Access to certain areas of this application is restricted. ForeverScape reserves the right to restrict access to other areas of this application, or indeed this entire application, at ForeverScape's discretion.

If ForeverScape provides you with a user ID and password to enable you to access restricted areas of this application or other content or services, you must ensure that the user ID and password are kept confidential.

ForeverScape may disable your user ID and password in ForeverScape's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this application, for whatever purpose.

You grant to ForeverScape a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ForeverScape the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ForeverScape or a third party (in each case under any applicable law).

You must not submit any user content to the application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ForeverScape reserves the right to edit or remove any material submitted to this application, or stored on ForeverScape's servers, or hosted or published upon this application.

Notwithstanding ForeverScape's rights under these terms and conditions in relation to user content, ForeverScape does not undertake to monitor the submission of such content to, or the publication of such content on, this application, unless content is reported by users to abuse the terms and conditions.

No warranties

This application is provided “as is” without any representations or warranties, express or implied. ForeverScape makes no representations or warranties in relation to this application or the information and materials provided on this application.

Without prejudice to the generality of the foregoing paragraph, ForeverScape does not warrant that:

this application will be constantly available, or available at all; or the information on this application is complete, true, accurate or non-misleading.

Nothing on this application constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

ForeverScape will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application:

for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ForeverScape has been expressly advised of the potential loss.

Exceptions

Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit ForeverScape's liability in respect of any:

death or personal injury caused by ForeverScape's negligence; fraud or fraudulent misrepresentation on the part of ForeverScape; or matter which it would be illegal or unlawful for ForeverScape to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable.

If you do not think they are reasonable, you must not use this application.

Other parties

Without prejudice to the foregoing paragraph you agree that the limitations of warranties and liability set out in this application disclaimer will protect ForeverScape's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ForeverScape.

Unenforceable provisions

If any provision of this application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this application disclaimer.

Indemnity

You hereby indemnify ForeverScape and undertake to keep ForeverScape indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ForeverScape to a third party in settlement of a claim or dispute on the advice of ForeverScape's legal advisers) incurred or suffered by ForeverScape arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to ForeverScape's other rights under these terms and conditions, if you breach these terms and conditions in any way, ForeverScape may take such action as ForeverScape deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking computers using your IP address from accessing the application, contacting your internet service provider to request that they block your access to the application and/or bringing court proceedings against you.

Variation

ForeverScape may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ForeverScape may transfer, sub-contract or otherwise deal with ForeverScape's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and ForeverScape in relation to your use of this application, and supersede all previous agreements in respect of your use of this application.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Oregon, USA.

You can contact ForeverScape by email to vance@foreverscape.com

It is an infringement of our copyright to use images and other content without without paying a license fee.

ForeverScape® is a Registered Trademark with the United States Patent Office. Use of the name ForeverScape in any form without permission will be prosecuted to the fullest extent of the law.