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Melissa McKinnon Art Terms of Service

OVERVIEW

The Melissa McKinnon Art websites are operated by Melissa McKinnon and/or employees of Melissa McKinnon Art (collectively, “MMA”). Throughout the Site, the terms “we”, “us” and “our” refer to Melissa McKinnon Art. Melissa McKinnon Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce and WordPress.org. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You may notreproduce, duplicate, copy, modify, create derivative works from, reverse engineer, sell or otherwise exploit the Site or any products, product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content (“Site Content”) for any purpose, except as expressly provided;

You may not use a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);

You may not use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site;

You may not engage in any activity that interferes with the Site or another user’s information or use of the website;

You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the products and services offered on the website; or

You may not assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

You acknowledge that:

  •       The Site Content, materials and other components (including but not limited to images, logos, graphics, button icons and page headers) available on the Site are the property of MMA and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
  •       If you give us feedback regarding the Site and/or products included within the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you.
  •       We reserve all rights in and to the Site unless we expressly state otherwise.
  •       We reserve the right to refuse service, terminate your right to access or use the Site, remove or edit content, or cancel orders at our sole discretion.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You represent that all of the information, data and other materials you provide on the Site or to MMA through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Site, as appropriate.

SECTION 4 – ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

SECTION 5 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By using this website you acknowledge your acceptance of our privacy policy and terms and conditions. [Click here to view our Privacy Policy]

We may obtain personal information about you from various sources, including the Site, when you call or email us or communicate with us through social media. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties.

The types of personal information we may obtain include:

  •       Your contact information (such as name, social media handles (including but not limited to: Instagram, Facebook, Pinterest and Twitter), postal and email addresses, or phone number)
  •       Contact information of friends or other people you would like us to contact
  •       Payment details (including payment card number, security code, expiration date, cardholder name and billing address)
  •       Shipping information (including the associated shipping address and phone number)
  •       Demographic information (such as age, date of birth and gender)
  •       Information you provide by interacting with us through social media, including photographs
  •       Location information, such as the real-time geographic location of the device on which you install our mobile applications
  •       Shopping behavior and preferences, and a record of the purchases you make on our websites
  •       Other details that you may submit to us or that may be included in the information provided to us by third parties

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy.

We have made every effort to describe the products and services offered through the Site as accurately as possible. However, we do not warrant that these descriptions or other content of the website are absolutely accurate, complete, reliable, current or error-free. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy below.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – INDEPENDENT AND THIRD PARTY VENDORS

Independent vendors supply some of the goods advertised on the Site and in some cases, drop ship them directly to the customer. Independent Vendors are solely responsible for the content of the goods that they sell through the Site. Without limitation, MMA is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us.

Prints, frames, framing services and other products sold through the Site are fulfilled by third party vendors.

The items purchased from our Site are shipped by a third party carrier, pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

MMA is not affiliated with websites or third parties that sell or advertise our products or the Site. MMA reserves the right to void all service, return, and other policies for orders and MMA products that were purchased through unauthorized sellers or sellers that violate MMA policies. MMA is not responsible for any representations by third party vendors.

SECTION 12 – ORDER ACCEPTANCE; PAYMENT PROCESSING

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

You acknowledge that payment for your order will be processed upon submission of your order through the Site.

In the event of a pricing error on our website, MMA reserves the right to cancel any orders resulting from such pricing errors.

SECTION 13 – RETURN POLICY

All sales placed through the Site are final. MMA has a no return and no refund policy. If you receive the wrong print or the print is damaged when it arrives to you please contact melissamckinnonartist@gmail.com

SECTION 14 – ASSIGNMENTS; THIRD PARTY BENEFICIARIES

You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MMA, which may be withheld in MMA’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.

MMA may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.

SECTION 15 – FORCE MAJEURE

MMA shall be excused from performance under these Terms and Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of MMA.

SECTION 16 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 18 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 19 – INTELLECTUAL PROPERTY

All content including, but not limited to artwork, products, the appearance of the Site and other trade dress, trademarks, logos, service marks and any software programs available on or through the Site (the “Site IP”) is the property of MMA or its licensors, content providers or other third parties and is protected by copyright, trademark and other applicable Canada and foreign intellectual property laws. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of MMA or such third party that owns the Site IP. You may not use images or utilize painting techniques or technology to enclose any content included on the Site without MMA’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without MMA’s express written consent.

SECTION 20 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Melissa McKinnon Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 21 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Melissa McKinnon Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 37 Auburn Shores Manor SE, Calgary, AB, T3M0X1, Canada.

SECTION 26 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

www.melissamckinnonart.com
37 Auburn Shores Manor SE
Calgary, AB T3M0X1
Canada
melissamckinnonartist@gmail.com

Last edited: May 1, 2018

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