Terms of Use
Last updated: May 12, 2019
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.davidmcp.com website (the “Service”) operated by McPherson Art, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others (“you”, “your”, “user”, “users”) who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of McPherson Art, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of McPherson Art, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by McPherson Art, LLC.
McPherson Art, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that McPherson Art, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
USE RESTRICTIONS
You agree not to, and will not assist, encourage, or enable others to use the Site to:
(a) violate any applicable law or regulation, including but not limited to the infringement of third party rights;
(b) interfere with the Site and/or take any action that imposes an unreasonably large load on the Site;
(c) use software or other devices to collect content or information;
(d) violate the security resources of the Site;
(e) reverse engineer or create derivative works based on any element of the Site;
(f) use any of the Content or information available from the Site, other than as permitted by these Terms;
(g) link to any Content or information from the Site, unless permitted by these Terms;
(h) use any Content or material in a false or misleading information in any manner or otherwise transmit Content that infringes or violates any third party rights or violates any law or regulation;
(i) attempt to gain access to areas of the Site or access data not intended for you;
(j) take any action concerning or transmit unsolicited or unauthorized mail or email unsolicited mail or email promoting and/or advertising products or services to any third party, including, without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(k) take any action concerning or otherwise transmit content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(l) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(m) take any action or upload or email or transmit content or any communication that in Company’s sole discretion is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, discriminatory, invasive of another’s privacy, racially, ethnically or otherwise objectionable.
(n) engage in any other behavior that Company, in its sole discretion deems contrary to its purpose;
(o) make any unauthorized commercial use of the Site.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless McPherson Art, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall McPherson Art, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Copyright or Trademark Infringement
We respect the intellectual property of others, and we ask our users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Service, You agree not to use any Service to infringe the intellectual property rights of others in any way. We reserve the right to terminate the accounts of any Users, and block access to the Service of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right, in its sole discretion, to take these actions to limit access to the Service and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
It is our policy to respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”). If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide our designated agent with the following information:
a) physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
b) identification or description of the copyrighted work or other intellectual property that You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
c) identification or description of where the material that You claim is infringing is located on the Website, with enough detail that we may find it on the Website;
d) Your address, telephone number, and email address;
e) a statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent to receive notification of alleged infringement under the DMCA is:
DMCA Agent
www.davidmcp.com
1041 Bourbon Street
New Orleans, Louisiana 70112
admin@davidmcp.com
Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact admin@davidmcp.com. If we remove or disable Your access to the Service as a result of a DMCA notice we will make a good-faith attempt to contact You so that You may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
Disclaimer
The limited license and permission to use the Site and Content as set forth herein are provided on an “As Is” basis without any warranties of any kind. Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Content, services, software, text, graphics, and links. To the fullest extent possible by law, Company does not guarantee that the Site will function without interruption, that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. In particular, the operation of the Site may be interrupted due to maintenance, updates, or system or network failures. If your use of the Site or the Content results in the need for servicing or replacing equipment or data or any other costs, Company is not responsible for those costs. The use of the Site and Company Content is at your own risk. Company does not guarantee any specific results from the use of the Site. No advice or information, whether oral or written, obtained by a user from Company or through or from the Site shall create any warranty not expressly stated herein.
Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
To the fullest extent possible by law, in no event shall Company, its suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data) resulting from the use or inability to use the Site and the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
ACCESS FROM OUTSIDE OF THE UNITED STATES
The Site is controlled and operated by Company from its offices within the United States. Company makes no warranty or representations that the Content is appropriate or available for use in other locations, and access to such materials from territories where their contents are illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Louisiana, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
SEVERABILITY
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Company’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Company’s ability to enforce such term at any point in the future.
SITE AVAILABILITY
The Site may be modified, suspended or discontinued at any time, for any or no reason, without notice or liability to Company.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.