Mc Artor Photo Imagery

TERMS AND CONDITIONS

Terms and Conditions for Mc Artor International dba Mc Artor Photo Imagery

Last updated

02.18.2020

Introduction

These Website Standard Terms and Conditions provided on this webpage shall manage Your use of Mc Artor International’s (“Company” and/or “Company Name”) website, called “Mc Artor Photo Imagery” (“DBA Name”), accessible at https://www.MPImagery.com (“Website”).

“We,” “Us,” “Our,” or “Company’s” also refer to Company and its officers, directors, employees, owners, affiliates, parents, subsidiaries, partners, and members.

The Terms “You,” “Your,” “Buyer,” “Purchaser,” “User,” or “Account Holder” refer to the person or entity using this Website for the purpose of establishing an account and/or making a purchase of any product offered on this Website.

The terms “Printer,” “Printing Company,” or “Provider” refer to the company or companies that We use to fulfill or complete an order from You or others.

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services.  These Terms will be applied fully and affect to Your use of this Website. By accessing the Company Website, mobile or tablet application, or any other feature or other Company platform (collectively, “Website”), You agree to be bound by these terms and conditions (“Terms and Conditions”) and our Privacy Policy.  By using this Website, You agreed to accept all terms and conditions written herein.  If You do not accept all of these Terms and Conditions, then You may not use Website.

Legal Age for Use

Minors or people below 18 years old are not allowed to use this Website.  No one who is or has been declared legally incompetent or “non compos mentos,” or who is not allowed by their jurisdiction to legally enter into contracts may use this Website.

Caution:  Images presented on this Website may or may not at some future date portray all or parts of the human body or natural objects that could be construed to be representative of all or parts of the human body.  While not likely, User discretion is recommended and exercise of that discretion is the sole responsibility of the User.

Registration

You may access areas of the Company Website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of Your passwords or other account identifiers which You choose and all activities that occur under Your account.

By registering on the Company Website, You agree that:
A) Your account and password are personal to You and may not be used by anyone else to access the Company Website;

B) You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Company Website; and

C) You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will You seek to pass Yourself off as another user.

You agree to notify us immediately if You become aware any unauthorized use of Your password or account identifiers by others.

Intellectual Property Rights

Under these Terms, Company and/or its licensors own all the intellectual property rights and materials contained in this Website, including, but not limited to, coding, images, design elements, trade dress, and artwork.  This particularly applies to the images presented for sale as prints to You or other Users of this Website. No person or entity is granted permission, license, or authorization to download, reproduce, print, edit, or otherwise modify any image or file herein, including Company Name, DBA Name, or copyright information.

You are granted limited license only for purposes of viewing the material contained on this Website and/or for ordering a product or products from Company through the use of this Website.

Restrictions

As a condition of use, You promise not to use the services provided by this Website for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Company.  By way of example, and not as a limitation, You agree not to use the Services:

  • To abuse, harass, threaten, impersonate, or intimidate and person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where You use the services;
  • To publish any Website material in any other media;
  • For selling, sublicensing and/or otherwise commercializing any Website material;
  • For publicly performing and/or showing any Website material;
  • For using this Website in any way that is or may be damaging to this Website;
  • To use this Website in any way that impacts User access to this Website;
  • To use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • For engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • For using this Website to engage in any advertising or marketing.

Trademarks

“Mc Artor International,” its subsidiaries, partners, and affiliates, including but not limited to “Mc Artor Photo Imagery,” the multi-colored lens logo overlaid with the lettering “MPI,” with or without the DBA name in proximity to the logo in any orientation or arrangement, graphics, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Mc Artor International.  Mc Artor International’s trademarks or trade dress may not be used in connection with any product or service without the prior, express, written consent of Mc Artor International.

Certain areas of this Website are restricted from being accessed by You, and Company may further restrict access by You to any areas of this Website, at any time, in Company’s absolute discretion. Any User ID and password You may have for this Website are confidential and You must maintain confidentiality as well.

Your Content

Company may, at its sole discretion, invite You and/or others to become a “Guest Artist” on Company’s Website and invite You to provide Your Content for posting and sale on this Website.  In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material You choose to provide to Company for display on this Website. You retain all rights of Copyright to all  of Your Content, however, by displaying Your Content, You grant Company a non-exclusive, worldwide, irrevocable (except by Company), sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.  Your Content may be used to advertise, promote, publicize, market, endorse, expose, broadcast, publish, show, announce, or depict Company, its DBA Name, its Website, and/or its product offerings, without restriction or hindrance.

Your Content must be Your own and must not be invading any third-party’s rights. Company reserves the right to remove any of Your Content from this Website at any time, for any reason, without notice.  Should Company decide to remove Your Content, all rights will remain Yours and Company will refrain from using or publishing Your Content to anyone from that time forward.

Suspension or Termination of Services

By You:  You can terminate Your subscription or account at any time by written notice to Mc Artor International dba Mc Artor Photo Imagery at the address on the Website under “Contact Us.”  Upon receipt of the written notice, Mc Artor International will deactivate or disable Your account and access to it, and delete any content You may have collected (shopping cart) through the use of the Services.  Terminations will be confirmed by return post if requested.  If You terminate Your use of the Website and Services while an order is in process, the order will be fulfilled, as ordered, unless You specifically request to cancel.  At that point, our cancellation and refund policy (see next section of these Terms and Conditions) will be used to determine how much, if any, money You will receive in return, depending on the status of the order at the time the termination notice is received.

By Mc Artor International:  Company may terminate Your account for any of the following reasons:  A) You have materially breached these Terms and Conditions and failed to cure that breach within 30 days after Company has so notified You in writing.  B) Your method of payment fails to credit to the Company account for products ordered (no printing order will be placed) or is reversed for any reason.  C) You request a refund or return an order to the Company more than once in ninety (90) days.  D)  For any instance of abuse in any form toward Company or members of the Company, directly or indirectly (including, but not limited to, social media posts or other electronic presentations, public or private).

Refund and Return Policy

Refunds will be made available of up to 75% if the order is cancelled by the client and the print has not been ordered by Company from the Printing Company. A refund of 50% will be provided if the print has been ordered, but not shipped.  If the print has been shipped and the customer wishes to return it, a 25% refund will be issued if and when we receive the returned print in saleable (clean, not damaged or marks, etc.) condition. All refunds will be issued within 4 business days of the request (and/or return of the saleable print, if applicable), by cashier’s check in U.S. Dollars, mailed to the address of the requester.  If the Account Holder lives in another jurisdiction, the conversion fees are the sole responsibility of the Account Holder.

Acceptable Payment Methods

Transactions conducted on this Website will be made in U. S. Dollars (USD).  Any transaction originating in other currencies will be converted to USD. Conversion fees from other currencies to USD may apply and will be added to the cost of the purchase before the transaction is finalized.

Shipping Policies

Company may use one or more Printing Companies at their sole discretion to fulfill an order in the manner best suited for the product ordered.  Such Printing Companies may be located anywhere in the world.

Upon receipt of a valid order, with payment, Company will endeavor to their best ability to provide the product or products ordered to the User in a timely manner.  You, the User, are made aware that the printing of the ordered product may consume as much as two weeks or more and, as such, Company may not receive the product or products any sooner.  Upon receipt of the order from the Printer, Company will immediately process shipping the order to the Account Holder by the most reasonable means and choice of carriers, including, but not limited to, the U. S. Postal Service, the postal services of other countries, or private carriers (Fed/Ex, UPS, DHL, etc.).  All shipments will be insured to at least the level of the product value.

Shipment tracking methods will be employed on all shipments and Users will be notified of tracking numbers if they provide a valid email address, allowing Account Holders to follow the shipments of their orders.  Company expressly denies any responsibility for delays in shipment, whatever the cause, including but not limited to Acts of God, and/or damage incurred during shipment by the carrier. Upon receipt of damaged goods, recipient must file a claim with the carrier.  If recipients wish, they may provide visual proof of damage and Company will endeavor on their behalf to assist with the claim against the carrier. Upon satisfactory resolution of the claim, the Company may, with the consent of the User, provide restitution in the form of either a replacement product or a full refund.

No warranties

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND COMPANY EXPRESSES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE.  ALSO, NOTHING CONTAINED ON THIS WEBSITE SHALL BE INTERPRETED AS ADVISING YOU. COMPANY EXPRESSLY DENIES ANY RESPONSIBILITY FOR ELECTRICAL POWER OR INTERNET SERVICE OUTAGES OR INTERRUPTIONS DURING OR IN RELATION TO THE USE OF WEBSITE, BEFORE DURING, OR AFTER USE BY YOU, THE USER.

ADDITIONALLY, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF OUR PRODUCT OR PRODUCTS FOR ANY PURPOSE THE ACCOUNT HOLDER MAY HAVE INTENDED.

Arbitration and Waiver 

You agree that by accepting the Terms, You and Company are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH COMPANY RESIDES, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If You intend to seek arbitration, You must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company must be sent to the address provided at the bottom of these Terms and Conditions. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If You and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless You and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

For arbitration claims that You assert against Company in accordance with this section (but not for any arbitration claim against You), Company will pay all of Your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of Your lawyers, experts, or witnesses) in excess of any filing fee You would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which Company resides. Unless unlawful, Company will pay its—and You will pay Your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE COMPANY WEBSITE, INCLUDING (WITHOUT LIMITATION): A) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR C) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE COMPANY SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING COMPANY’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Indemnification

YOU HEREBY INDEMNIFY TO THE FULLEST EXTENT COMPANY FROM AND AGAINST ANY AND/OR ALL LIABILITIES, COSTS, DEMANDS, CAUSES OF ACTION, DAMAGES, AND EXPENSES ARISING IN ANY WAY RELATED TO YOUR BREACH OF ANY OF THE PROVISIONS OF THESE TERMS.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Company is permitted to revise these Terms at any time as it sees fit, and by using this Website You are expected to review these Terms on a regular basis.

Assignment

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, You are not allowed to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Company and You in relation to Your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Nevada, United States of America (USA), and You submit to the non-exclusive jurisdiction of the state and federal courts located in USA for the resolution of any disputes.

No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Company.

Contact Information Regarding these Terms and Conditions

Written notice may be provided to Company regarding any questions or discussion about these Terms and Conditions via U. S. Postal Service at the following address:

Mc Artor Photo Imagery
P. O. Box 467
Sparks, NV 89432-4671


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