Terms and Conditions for Phyllis Mark Art LLC
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the phyllismarkart.com website (“Website” or “Service”) and any of its related services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Phyllis Mark Art LLC (“Phyllis Mark Art LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services.
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Phyllis Mark Art LLC, even though it is electronic and is not physically signed by you. It governs your use of the Website and Services.
If you’re a minor, you must have your parent’s or legal guardian’s permission to use the Website and Services. If you’re a parent or legal guardian, and you allow your child to use the Website and Services, then this Agreement applies to you. You are responsible for your child’s activity on the Website and Services.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and its Services 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 Website and Services, third party products and services, or the Internet;
(h) to spam, phish, harm, or under other false pretext;
(i) for any immoral or pornographic purpose; or
(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Phyllis Mark Art LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Phyllis Mark Art LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Phyllis Mark Art LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Phyllis Mark Art LLC or third party trademarks.
The artworks on this website are protected by applicable copyright, trademark, and other intellectual property laws by their respective owners. Phyllis Mark Art LLC and/or the Alan M. Mark Revocable Trust owns the intellectual property rights for works in its possession.
The artworks on this website may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of their respective owners, except as expressly stated on the website, permitted by license, or permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended.
You may download information and print out hard copies of artwork and other information for your personal use, but you may not remove any copyright or other notice as may be contained in information, as downloaded.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Phyllis Mark Art LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Phyllis Mark Art LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the Website and Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Phyllis Mark Art LLC. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Phyllis Mark Art LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Modifications to the Agreement
We reserve the right to modify or replace this Agreement at any time without prior notice. The updated version of the Agreement will be effective upon posting on the Website. Your continued use of the Website after any changes constitutes acceptance of the modified Agreement.