Terms of Service

Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of and access to our websites, and mobile sites (collectively, our “Sites”). By visiting any of our Sites, you agree to these Terms and our Privacy Policy. Any products ordered or services used through any of our Sites are also governed by these Terms, as well as our Terms of Sale. We may also occasionally offer the opportunity to participate in contests, or other similar promotions, each of which will have additional terms you must accept in order to participate. We reserve the right to alter or discontinue our Sites, in whole or in part, at any time in our sole discretion.

THESE TERMS CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF SERVICE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US.

/01 Your Use of Our Sites

You may access and use our Sites solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites or create derivative works of any portion our Sites. While using any of our Sites, you agree not to:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
3. Restrict or inhibit any other user from using any of our Sites, including, without limitation, by means of: “hacking” or defacing any portion our Sites; using mechanisms, software or other scripts capable of disrupting the function of the Sites; imposing any unreasonable or excessive burden on the Sites infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of the Sites.
4. Violate any applicable laws or regulations;
5. Upload to, transmit through, or display on any of our Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
6. Engage in spamming;
7. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
8. Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites; and
9. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites.

You have the option to create an account to assist you in placing orders. You also can order and checkout as a guest without creating an account. But if you choose to do so, then you won’t enjoy the benefits of having an account, which include the easy ability to track the status of orders and to save time when placing new orders. The choice is yours. If you do choose to create an account, please keep your username and password confidential; you are responsible for any access to your account using your username and password. We reserve the right to cancel or reject any account or any order at any time in our discretion.

/02 Copyright of Materials

Unless otherwise expressly indicated in specific material within the website, copyright subsisting in the material, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is owned or licensed by Michael Milner Fine Art.

/03 Third-Party Sites, Software & Services

Our Sites may direct you or link to sites, software or services owned or operated by third parties. We do not endorse or approve any such sites or services, and we have no responsibility for them. You are responsible for any business you choose to conduct with any other party. We encourage you to read the terms of service, privacy policy, and any other similar documents relating to any third-party site or service.

Other sites may provide links to our Sites with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

We will have the right, at any time and in our sole discretion, to block links to our Sites through technological or other means without prior notice.

/04 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OR OUR TERMS OF SALE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT THEY WILL OPERATE WITHOUT ERRORS. THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR EMPLOYEES,  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

/05 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR  EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE MICHAELMILNER.ART PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MICHAELMILNER.ART PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE MICHAELMILNER.ART PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE MICHAELMILNER.ART PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

/06 Changes & Updates

We may revise these Terms from time to time, as well as our Terms of Sale or Privacy Policy. We will notify you of changes to these Terms by posting the amended terms on the michaelmilner.art website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the michaelmilner.art website. Otherwise, the new terms will take effect after thirty (30) days. Continued use after changes take effect constitutes acceptance of the changes.