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| To insure a safe, nonoffensive environment
for all of our users, we have established our Conditions of
Use. It spells out what you can expect from us and what we
expect from you. By accessing any areas of the Myles Pinkney
Online Gallery, users ("Users") agree to be legally
bound and to abide by the terms set forth below. |
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| Disclaimers and Limitations of Liability |
| User expressly agrees that use of the Myles Pinkney Online
Gallery is at User's sole risk. Neither the Myles Pinkney Online
Gallery, nor its affiliates, nor any of their officers, directors,
or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"),
or the like, warrant that the Myles Pinkney Online Gallery
will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of the
Myles Pinkney Online Gallery, or as to the accuracy, reliability,
or currency of any information content, service, or merchandise
provided through the Myles Pinkney Online Gallery.
This site is provided by the Myles Pinkney Online Gallery
on an "as is" and "as available" basis.
The Myles Pinkney Online Gallery makes no representations
or warranties of any kind, express or implied, as to the
operation of the site, the information, content, materials
or products, included on this site. To the full extent permissible
by applicable law, the Myles Pinkney Online Gallery discliams
all warranties, express or implied, including but not limited
to, implied warranties or merchantability and fitness for
a particular purpose. The Myles Pinkney Online Gallery will
not be liable for any damages of any kind arising from the
use of this site, including but not limited to direct, indirect,
incidental punitive and consequential damages. No oral advice
or written information given by the Myles Pinkney Online
Gallery not its affiliates, nor any of their officers, directors,
employees, agents, providers, or the like, shall create a
warranty; not shall User rely on any such information or
advice.
Under no circumstances shall The Myles Pinkney Online Gallery
or any other party involved in creating, producing, or distributing
The Myles Pinkney Online Gallery be liable for any direct,
indirect, incidental, special, or consequential damages that
result from the use of or inability to use The Myles Pinkney
Online Gallery, including but not limited to reliance by
a User on any information obtained from The Myles Pinkney
Online Gallery or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays
in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access to The
Myles Pinkney Online Gallery's records, programs, or services.
User hereby acknowledges that this paragraph shall apply
to all content, merchandise, and services available through
The Myles Pinkney Online Gallery. Because some states do
not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited
to the fullest extent permitted by law.
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| Content |
a. PROPRIETARY RIGHTS
User acknowledges that the Myles Pinkney Online Gallery contains
information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, trade secrets,
or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and the
Myles Pinkney Online Gallery owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content.
User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed,
Users may make copies of select portions of the Content,
provided that the copies are made only for User's personal
use and that User maintains any notices contained in the
Content, such as all copyright notices, trademark legends,
or other proprietary rights notices. Except as provided in
the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see,e.g., 17 U.S.C. Section
107), User may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright
or other propriety right. In addition to the foregoing, use
of any software Content shall be governed by the software
license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY
CONTENT
Except as set forth in Section a. above, User may upload
to or otherwise distribute on the Myles Pinkney Online Gallery
only Content that is not subject to any copyright or other
proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given
express authorization for distribution on the World Wide
Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase
such as "Copyright, owned by Myles Pinkney Fine Art;
used by permission." The unauthorized submission or
distribution of copyrighted or other proprietary Content
is illegal and
could subject the User to criminal prosecution as well as
personal liability for damages in a civil suit. User will
be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm
arising from such submission. Neither the Myles Pinkney Online
Gallery, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable
for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from
such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an infringement
to by contacting us.
By submitting Content to any User-submit areas, including,
without limitation, any User comments, User automatically
grants, or warrants that the owner of such Content has expressly
granted the Myles Pinkney Online Gallery the royalty-free,
perpetual, irrevocable, nonexclusive right and license to
use, reproduce, publish, translate, sublicense, copy, and
distribute the Content in whole or in part worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits
any other User to access, store, or reproduce the Content
for that User's personal use. Subject to this grant, the
owner of Content placed on the Myles Pinkney Online Gallery
retains any and all rights which may exist in such Content.
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| Third-Party Content |
| The Myles Pinkney Online Gallery is a distributor and not
a publisher of Content supplied by third parties and Users.
The Myles Pinkney Online Gallery has no more editorial control
over such Content than does a public library or newsstand.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of Content expressed or made
available by third parties, including Providers or any other
User of The Myles Pinkney Online Gallery, are those of the
respective authors or distributors and not of the Myles Pinkney
Online Gallery or its affiliates or any of their officers,
directors, employees, or agents. Neither the Myles Pinkney
Online Gallery nor its affiliates, nor any of their officers,
directors, employees, or agents, nor any third party, including
any Provider, or any other User of the Myles Pinkney Online
Gallery, guarantees the accuracy, completeness, or usefulness
of any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content available
through the Myles Pinkney Online Gallery represents the opinions
and judgments of the respective Provider, or User not under
contract with the Myles Pinkney Online Gallery. The Myles Pinkney
Online Gallery neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement
made on the Myles Pinkney Online Gallery by anyone other than
authorized the Myles Pinkney Online Gallery employees. Under
no circumstances shall the Myles Pinkney Online Gallery, or
its affiliates, or any of their officers, directors, employees,
or agents be liable for any loss, damage or harm caused by
a User's reliance on information obtained through the Myles
Pinkney Online Gallery. It is the responsibility of User to
evaluate the information, opinion, advice, or other Content
available through the Myles Pinkney Online Gallery. |
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| Online Conduct |
| User agrees to use the Myles Pinkney Online Gallery only
for lawful purposes. User is prohibited from posting on or
transmitting through the Myles Pinkney Online Gallery any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national,
or international law.
If the Myles Pinkney Online Gallery is notified of allegedly
infringing, defamatory, damaging, illegal, or offensive Content
provided by User (e.g., through an author chat or online
review), The Myles Pinkney Online Gallery may investigate
the allegation and determine in its sole discretion whether
to remove or request the removal of such Content from the
Myles Pinkney Online Gallery. The Myles Pinkney Online Gallery
may disclose any Content or electronic communication of any
kind (a) to satisfy any law, regulation, or government request;
(b) if such disclosure is necessary or appropriate to operate
the Myles Pinkney Online Gallery; or (c) to protect the
rights or property of the Myles Pinkney Online Gallery, its
Users or Providers.
The Myles Pinkney Online Gallery reserves the right to prohibit
conduct, communication, or Content that it deems in its sole
discretion to be harmful to individual Users, The Myles Pinkney
Online Gallery, the communities that make up the Myles Pinkney
Online Gallery, or any rights of the Myles Pinkney Online
Gallery or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither the Myles Pinkney
Online Gallery nor its Providers can ensure prompt removal
of questionable Content after online posting. Accordingly,
neither the Myles Pinkney Online Gallery, nor its affiliates,
nor any of their officers, directors, employees, or agents,
nor Providers shall assume liability for any action or inaction
with respect to conduct, communication, or Content on the
Myles Pinkney Online Gallery.
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| Privacy Policy |
| In accordance with the terms of our privacy policy, the Myles Pinkney Online Gallery respects the
privacy of its Users. |
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| Usage by Children Under 13 |
| The Myles Pinkney Online Gallery cannot prohibit minors from
visiting this site. The Myles Pinkney Online Gallery must rely
on parents, guardians and those responsible for supervising
children under 13 to decide which materials are appropriate
for such children to view and/or purchase.
The Myles Pinkney Online Gallery requires that all purchases
be made either (a) by individuals 13 years of age or older,
or (b) by minors under 13 through a the Myles Pinkney Online
Gallery authorized affiliated program which permits parents
and other guardians to both pay for the purchases of minors,
and give verifiable permission for such minors to purchase
items on our site and for the collection by us of certain
information in accordance with the terms of our privacy policy.
Each time you purchase a product at the Myles Pinkney Online
Gallery,
you are representing to the Myles PInkney Online Gallery
that your are either (a) an invdividual 13 years of age or
older, or (b) a minor under 13 who is purchasing through
the Myles Pinkney Online Gallery authorized affliated program
which permits parents and other guardians to both pay for
the purchases of minors, and give verificable permissioin
for such minors to purchase items on our site and for the
collection by us of certain information in accordance with
the terms of our privacy policy.
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| Applicable Law |
| This site is created and controlled by The Myles Pinkney
Online Gallery in the State of Colorado. As such, the laws
of the State of Colorado will govern these disclaimers, terms
and conditions, without giving effect to any principles of
conflicts of laws. The Myles Pinkney Online Gallery reserves
the right to make changes to its site and these disclaimers,
terms and conditions at any time. User hereby irrevocably and
unconditionally consents to submit to the exclusive jurisdiction
of the courts of the State of Colorado and of the United States
of America located in the State of Colorado for any litigation
arising out of or relating to use of or purchase made through
the Myles Pinkney Online Gallery (and agrees not to commence
any litigation relating thereto except in such courts), waives
any objection to the laying of venue of any such litigation
in the Colorado Courts and agrees not to plead or claim in
any Colorado Court that such litigation brought therein has
been brought in an inconvenient forum. |
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| Severability |
| The provisions of these Terms of Use are intended to be severable.
If for any reason any provision of these Terms of Use shall
be held invalid or unenforceable in whole or in part in any
jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction. Acknowledgement of the Coniditions
of Use, including all documents referenced herein, represents
the entire
understanding between you and the Myles Pinkney Online Gallery
regarding your relationship with the Myles Pinkney Online Gallery
and supersedes any prior statements or representations. You
agree to be bound the the Conditions of Use by using the the
Myles Pinkney Online Gallery web site. The aforementioned Conditions
of
Use are subject to change. |
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