This Site, as well as any other affiliated sites on which a link to this Terms
of Use policy is located (the "Site"), is the property of Micah Parker
Artworks, Inc., d/b/a MP Artworks. Our products and services are
provided subject to the terms and conditions in this Terms of Use policy. If
you visit the Site, you agree to be bound by these terms and conditions as in
effect at the time of your visit. Please read them carefully. If you do
not agree or wish to be bound by these terms and conditions, please do not use
the Site.
Ownership and Intellectual Property Rights. All written
and other content on the Site, including software, images, graphics, trademarks,
servicemarks, logos, and artworks, including the design, selection, arrangement,
compilation, and coordination of such content (collectively, the "Content")
is owned, used by permission, or licensed by or to MP Artworks, its content suppliers,
or software suppliers, and is protected by copyright, trademark or servicemark
laws, and various other intellectual property rights laws.
MP Artworks honors the intellectual property rights of others.
If you believe that your work has been copied or used on the Site in a way that
constitutes copyright or trademark infringement, please notify MP Artworks immediately
and we will diligently work with you to gather the information we need to verify
that you have a bona fide claim.
License and Site Access. MP Artworks grants you a
limited, revocable, nonexclusive license to access and make personal use of the
Site as a customer of MP Artworks; however, except as expressly provided in this
Terms of Use policy or within the Site or as allowed by applicable law, no part
of the Site and no Content may be downloaded (other than page caching), reproduced,
retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted,
displayed, altered to make new works, digitized, compiled, translated or transmitted
in any way without MP Artworks' prior express written consent. Except as expressly
provided herein, you are not granted any rights or license to patents, copyrights,
trade secrets, rights of publicity or trademarks with respect to any of the Content,
and MP Artworks reserves all rights not expressly granted hereunder.
You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of MP Artworks without MP Artworks' prior written consent. You
may not use any meta tags or any other "hidden text" utilizing MP Artworks'
name or trademarks without the prior written consent of MP Artworks. Any use
of the Site or its contents that is not expressly authorized herein is prohibited
and immediately terminates the license granted herein by MP Artworks.
Registration; Customer Accounts; Use of Site. Certain
products or services offered on or through the Site require you to first open
a My Account or My Gallery (collectively, "My Account"). If you use
My Account, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. You
may be held liable for losses incurred by MP Artworks or any other user of the
Site due to someone else using your password or customer account.
You also agree that MP Artworks may, in its sole discretion and
without prior notice to you, terminate your access to the Site and your My Account
for any reason. You agree that MP Artworks will not be liable to you or to any
third party for termination of your access to the Site.
Privacy. By using the Site, you also agree to be
bound by the terms and conditions of our Privacy Policy, which
is incorporated herein, which may be changed from time to time.
Consent To Our Communication With You By E-Mail. By
establishing a My Account, or by sending e-mails to us, and each time you make
a purchase through our Site, you grant permission for MP Artworks to contact
you at your e-mail address for any purpose. However, you may opt out of
receiving marketing e-mail from us by checking the appropriate box at checkout
or by providing us written notice of your intent to opt out. (You may do so by
sending an e-mail to optout@mpartworks.com.)
Methods of Payment, Credit Card Terms and Taxes. All payments
must be made by credit card (we currently accept VISA, MasterCard, Discover Card,
or American Express), cash, checks (no third-party checks), or money orders.
Your card issuer agreement governs your use of your designated credit card, and
you must refer to that agreement and not this Terms of Use policy to determine
your rights and liabilities as a cardholder. You agree to pay all fees and charges
incurred in connection with your purchases (including any applicable taxes) at
the rates in effect when the charges were incurred. Unless you notify MP Artworks
of any discrepancies within sixty (60) days after they first appear on your credit
card statement, you agree that they will be deemed accepted by you for all purposes.
If MP Artworks does not receive payment from your credit card issuer or its agent,
you agree to pay all amounts due upon demand by MP Artworks or its agents. You
are responsible for paying any governmental taxes imposed on your purchases,
including, but not limited to, sales, use or value-added taxes. MP Artworks shall
automatically charge and withhold the applicable sales tax for orders to be delivered
to addresses within Florida and any other states or localities that it deems
are required.
Order Acceptance Policy. Your receipt of an electronic
or other form of order confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. MP Artworks reserves
the right at any time after receipt of your order to accept or decline your order
for any reason. MP Artworks further reserves the right any time after receipt
of your order, without prior notice to you, to supply less than the quantity
you ordered of any item. Your order will be deemed accepted by MP Artworks upon
our delivery of products or services that you have ordered.
No Responsibility To Sell Mispriced Products Or Services. MP
Artworks endeavors to provide accurate and up-to-date information on the Site. However,
at times there may be errors, inaccuracies, or omissions relating to product
descriptions, pricing, availability, or otherwise. MP Artworks shall have
the right to refuse or cancel any orders placed for products and/or services
listed at an incorrect price or discount, or containing any other incorrect information
or typographical errors. MP Artworks shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and payment made
(including your credit card being charged). If payment has already been received
and your order is canceled, MP Artworks shall immediately issue a refund in the
amount of the charge.
Modifications to Prices or Billing Terms. MP ARTWORKS RESERVES
THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS
OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL
DELIVERY TO YOU.
Indemnification. You agree to indemnify, defend, and hold
harmless MP Artworks and its parents, sister companies, subsidiaries, affiliates,
service providers, suppliers, agents, licensors, officers, directors and employees
from and against any claim or demand, including all losses, expenses, damages,
costs, and reasonable attorneys' fees, made by any third party arising out of
or related to your violation of this Terms of Use policy or any activity related
to the use of the Site by you or anyone accessing the Site on your behalf, or
your violation of any law, regulation or third-party right.
Disclaimer of Warranties and Limitation of Liability. MP
ARTWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
AND/OR SERVICES INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. MP ARTWORKS DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM MP ARTWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MP ARTWORKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, EVEN IF MP ARTWORKS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES BEFOREHAND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY
MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
THE SITE, PRODUCTS, SERVICES, CONTENT, AND INFORMATION ARE PROVIDED
AS IS AND AS AVAILABLE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
MP ARTWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING
BUT NOT LIMITED TO ACCURACY, AVAILABILITY AND/OR COMPLETENESS, AND ANY IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR WORMS, OR CORRESPONDENCE
TO DESCRIPTION. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE POLICY
OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MP ARTWORKS SHALL HAVE IS LIMITED
TO ANY AMOUNTS ACTUALLY PAID BY YOU TO MP ARTWORKS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Risk of Loss. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED
PRODUCTS. MP Artworks is not responsible for, and cannot guarantee, the timely
performance of shipping vendors once your order is shipped. Order information
such as billing or shipping address that is inaccurate or incomplete may result
in delays or additional charges that shall be your sole responsibility and not
that of MP Artworks. MP Artworks is not responsible for any damage caused
to your order by you or any other third party, including calligraphers or framers,
once your order is shipped.
Applicable Law. This Terms of Use policy shall be
governed by the laws of the State of Florida without regard to or application
of any conflict of laws provisions. You consent to the exclusive jurisdiction
of the state and federal courts sitting in Sarasota County, in the State of Florida,
in all disputes arising out of or relating to this Terms of Use policy or use
of the Site.
Miscellaneous. No delay or failure to take action
under this Terms of Use policy shall constitute any waiver by MP Artworks of
any provision of this Terms of Use policy. This Terms of Use policy will
bind and inure to the benefit of MP Artworks' successors and assigns. This Terms
of Use policy is personal to you and may not be transferred, assigned or delegated
to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use
policy shall be null and void. MP Artworks may freely assign this Terms of Use
policy without consent or notice. This Terms of Use policy (including all documents
expressly incorporated herein by reference) constitutes the complete and exclusive
agreement between MP Artworks and you with respect to the subject matter hereof
and supersedes all prior oral or written understandings, communications or agreements
not specifically incorporated herein. If any of the terms or conditions herein
shall be deemed invalid, void, or for any reason unenforceable, that term or
condition shall be deemed severable and shall not affect the validity and enforceability
of any remaining term or condition.
Site Policies and Modification. Please review our
other policies, such as our Privacy Policy, posted on this Site. These policies
also govern your visit to the Site. MP Artworks reserves the right, in its sole
discretion and at any time, to alter, add to, delete, or terminate all or any
portion of the Site, policies, and this Terms and Conditions of Use; therefore,
you should review those policies and this Terms of Use policy each time you visit
the Site. Your continued use of the Site after we make any such changes constitutes
your binding acceptance of those changes. If this Terms of Use policy is
terminated at any time, you must immediately destroy all materials (or copies
thereof) obtained from this Site or MP Artworks and cease use of and visitation
to this Site.
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