Website Terms and Conditions
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. McQuery Fine Art, LLC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
All material on this Web site is copyrighted. All photographs and text appearing on this website are protected under copyright laws. You must indemnify, hold harmless, and defend McQuery Fine Art, LLC from and against any claims or lawsuits, including attorneys’ fees, that arise from or result from the use or distribution of Media Elements. All artwork shown is for the private use of the artist and McQuery Fine Art, LLC. © 2008 McQuery Fine Art, LLC. All Rights Reserved.
Use of Our Materials
You may use, copy and distribute the materials found on McQuery Fine Art, LLC Web sites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by McQuery Fine Art, LLC, its subsidiaries and/or any third party owner of such rights.
Use of Logos and Marks
You are not authorized to use anyof the McQuery Fine Art, LLC name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of McQuery Fine Art, LLC.
Worms, viruses etc
In addition, you also understand that McQuery Fine Art, LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each user is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. McQuery Fine Art, LLC does not assume any responsibility or risk for your use of the Site.
How We Use Your Info
Do not send us any confidential or proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being nonconfidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
You agree to indemnify, defend and hold harmless McQuery Fine Art, LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
All product and service marks contained herein that are not McQuery Fine Art, LLC marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
Content and Liability
Material on McQuery Fine Art, LLC Web Site may include inaccuracies or typographical errors. Changes may be periodically incorporated into this material. McQuery Fine Art, LLC may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice. The materials on McQuery Fine Art, LLC Web Sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. McQuery Fine Art, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL MCQUEARY FINE ART, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY MCQUEARY FINE ART, LLC WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MCQUEARY FINE ART, LLC WEB SITE.
McQuery Fine Art, LLC assumes no responsibility in regards to using the online Ecommerce service provided. You agree to indemnify, defend and hold harmless McQuery Fine Art, LLC and must comply to all terms and conditions stated within the agreements for the Ecommerce and PayPal accounts.
We are under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that McQuery Fine Art, LLC may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. McQuery Fine Art, LLC reserves the right to modify, reject or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
Access Services Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. MCQUEARY FINE ART, LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MCQUEARY FINE ART, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL MCQUEARY FINE ART, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.