Effective Date of Current Terms and Conditions: January 7, 2014
Acceptance of Terms and Conditions of Use
Welcome to www.BrendanMurphyArt.com. BY ACCESSING THE BRENDAN MURPHY ART LLC WEBSITE, YOU AGREE TO BE CONTRACTUALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS (the “Terms and Conditions”). BRENDAN MURPHY ART LLC MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU AT THE TIME OF APPLICABLE FUTURE VISITS. You should therefore review these Terms and Conditions regularly. You will know if the Terms and Conditions have been revised since your last visit to the Brendan Murphy Art LLC Website by referring to the “Effective Date of Current Terms and Conditions” date at the top of this page. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE BRENDAN MURPHY ART LLC WEBSITE NOW AND REFRAIN FROM FURTHER USE.
PROTECTION OF PRIVACY
Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, et al. that appear on the Brendan Murphy Art LLC Website are registered and unregistered trademarks, service marks, or trade dress of Brendan Murphy Art LLC, including but not limited to BRENDAN MURPHY ART LLC, and the Brendan Murphy signature (all the preceding together are the “Brendan Murphy Art LLC Trademarks”). You may not use the Brendan Murphy Art LLC Trademarks without Brendan Murphy Art LLC’s prior, written permission.
The trademarks of third parties may also appear on the Brendan Murphy Art LLC Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Brendan Murphy Art LLC Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Brendan Murphy Art LLC Trademarks or may be construed to mean that Brendan Murphy Art LLC Central has authority to grant any right or license on behalf of any third party trademark owner.
ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the Brendan Murphy Art LLC Website (collectively “Content”) are protected by U.S. and international copyright laws and may be covered by other restrictions as well. Brendan Murphy Art LLC retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the material on the Brendan Murphy Art LLC Website may also subsist in individuals and entities other than, and in addition to, Brendan Murphy Art LLC. Brendan Murphy Art LLC expressly prohibits the copying of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. Brendan Murphy Art LLC does not grant any express or implied permission to use any Content in the absence of express written permission from Brendan Murphy Art LLC. Unauthorized copying, publication or exploitation of Brendan Murphy Art LLC’s Content is specifically prohibited. Anyone wishing to use any Content for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.
LICENSE AND SITE ACCESS
Brendan Murphy Art LLC grants you a limited license to access and make personal use of the Brendan Murphy Art LLC Web Site, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of Brendan Murphy Art LLC Central. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Brendan Murphy Art LLC Website or any portion of the Brendan Murphy Art LLC Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brendan Murphy Art LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Brendan Murphy Art LLC Website without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Brendan Murphy Art LLC Website’ name or trademarks without the express written consent of Brendan Murphy Art LLC. Any unauthorized use terminates the permission or license granted by Brendan Murphy Art LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Brendan Murphy Art LLC Website so long as the link does not portray the Brendan Murphy Art LLC Website, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Brendan Murphy Art LLC Websites’ logo or other proprietary graphic or trademark as part of the link without express written permission from Brendan Murphy Art LLC.
RESERVATION OF RIGHTS
All rights and licenses not expressly granted by Brendan Murphy Art LLC herein are specifically and completely reserved. Nothing on the Brendan Murphy Art LLC Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Brendan Murphy Art LLC has authority to grant any right or license on behalf of any third party.
TERMS OF PURCHASES FROM BRENDAN MURPHY ART LLC OFFICIAL STORE
All purchases from the BRENDAN MURPHY ART LLC OFFICIAL STORE are made subject to the terms and conditions set forth here. Brendan Murphy Art LLC does not warrant that product descriptions or other content of the Brendan Murphy Art LLC Website is 100% accurate, complete, reliable, current or error-free. If a product offered by BRENDAN MURPHY ART LLC OFFICIAL STORE and purchased by You is not as described, Your sole remedy is pursuant to the returns procedures and policies set forth here
LIMITATIONS ON YOUR USE OF THE SITE
You agree not to:
- Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;
- Attempt to cause, or actually cause, any disruption of service on the Brendan Murphy Art LLC Website or any other network or any server housing the Brendan Murphy Art LLC Website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into the Brendan Murphy Art LLC Website or any other network or any server housing the Brendan Murphy Art LLC Website any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;
- Abuse or attempt to abuse the system and resources of the Brendan Murphy Art LLC Website in any manner;
- Violate or attempt to violate the security of the authentication and accounting procedures of the Brendan Murphy Art LLC Website;
- Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Brendan Murphy Art LLC Website or any of its various components. Brendan Murphy Art LLC may block, restrict, disable, suspend or terminate your access to all or part of the Brendan Murphy Art LLC Website and Content at any time in Brendan Murphy Art LLC’s discretion, without prior notice or liability to you.
WARRANTY AND INDEMNIFICATION
By using the Brendan Murphy Art LLC Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Brendan Murphy Art LLC, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Brendan Murphy Art LLC Website.
DISCLAIMER OF WARRANTIES
BRENDAN MURPHY ART LLC PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. BRENDAN MURPHY ART LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. BRENDAN MURPHY ART LLC DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. BRENDAN MURPHY ART LLC MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. BRENDAN MURPHY ART LLC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER BRENDAN MURPHY ART LLC, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Brendan Murphy Art LLC’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Brendan Murphy Art LLC.
VENUE AND CHOICE OF LAW
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Los Angeles County in the State of California, and the parties hereby waive any objection that they may have to personal jurisdiction or forum non conveniens in these courts.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
Questions? Contact Brendan Murphy Art LLC firstname.lastname@example.org for further information.