Terms of Use
Welcome to PatrickMcMullan.com. These are the terms and conditions, as amended
from time to time, that govern use of our website located at
www.patrickmcmullan.com ("Website"). The
user's (the "User") access and use of our Website constitutes the User's
acceptance of these terms and conditions, as amended from time to time (the
"User Agreement").
This User Agreement binds the User until the User has destroyed all Content
that the User has downloaded or copied from the Website. The User is, in
addition, bound by this User Agreement whether the User downloaded or copied
any Content under the terms of the User Agreement or otherwise.
Ownership of this Site
This Website is owned and operated by Patrick McMullan Company, Inc.
("PMC").
content included on the Website is owned by PMC or its content providers
("Content"). All
Content is protected by U.S. and international copyright laws. For the
protection of PMC and its
Content providers, images may be watermarked and/or digitally watermarked.
Proprietary Rights
All elements of this Website, including, but not limited to, the general design
and the Content,
are protected by trade dress, copyright, moral
rights, trademark and
other laws relating to intellectual property rights. Except as explicitly
provided under this User
Agreement or another written agreement with PMC, no portion of element of this
Website or its
Content may be copied or retransmitted via any means and this Website, its
Content and all
related rights shall remain the exclusive property of PMC or its Content
providers unless
otherwise expressly agreed in writing.
Content (including photographic images) purchased or otherwise acquired by the
User via the
Website may only be used by the User for personal, non-commercial purposes
(i.e., not for re-
sale or re-distribution) and may not be duplicated or otherwise reproduced or
altered by you.
Disclaimers
Although PMC uses reasonable efforts to ensure the accuracy of the Content, PMC
makes no
representations or warranties as to the accuracy, correctness, or reliability
of the Content.
Further, we make no representations or warranties that the functional aspects
of our Website will
be uninterrupted or error-free. The User's use of the Website is at the User's
own risk. As a
convenience, the Website may be linked to other websites that may be of
interest to you but may
not be under our control. These links do not imply an endorsement by PMC, and
PMC is not
responsible for the availability of or the Content contained in any linked
website. The User
waives any and all claims against PMC regarding the inclusion of links to
outside websites or
your use of those websites.
Use of the Content
The User's use of the Content is subject to the User Agreement. By downloading
Content from
the Website, the User further consents to the User Agreement. The Website may
contain
photographs of clothing, fashion collections and trademarks which are protected
by intellectual
property laws and which cannot be used or reproduced, in whole or part, without
the prior
written consent of the owners, or their authorized licensees, of such
intellectual property. [None
of the persons who appear in any of the Photographs on this Website have
consented in writing
to the use of their image for any commercial purpose and the user is
responsible for obtaining
any written consents for commercial use of photographs].
Copyright Notice
Any use by User of images from the Website shall be accompanied by the
following credit:
© Patrick McMullan
NO WARRANTIES.
USER AGREES THAT PMC, ANY CONTENT PROVIDED SHALL HAVE NO
LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, TIMELINESS,
QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE WEBSITE, THE CONTENT,
ANY SERVICE OR PRODUCT OR FOR ANY DECISION MADE OR ACTION TAKEN BY
USER IN RELIANCE UPON THE PRODUCTS OR SERVICES. THIS SERVICE AND ALL
PRODUCTS AND MATERIALS ARE PROVIDED "AS IS". THERE IS NO WARRANTY OF
ANY KIND AND PMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THAT ANY SERVICE, PRODUCT, MATERIAL
OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE WILL FULFILL
ANY OF USER'S PARTICULAR PURPOSES OR NEEDS, MERCHANTABILITY OR
QUALITY, FITNESS FOR A PARTICULAR USE, OR ACCURACY OF INFORMATION
CONTENT OR ANY WARRANTY OF QUIET ENJOYMENT AND NON-INFRINGEMENT,
AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE
CONTENT, PRODUCTS OR ANY SERVICE, EVEN IF PMC HAS BEEN ADVISED OR IS
OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING,
WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES, WHICH MAY
INFECT A USER'S COMPUTER EQUIPMENT OR RELATED SOFTWARE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PMC OR ANY CONTENT PROVIDER BE LIABLE TO USER OR
ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT
RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE
MATERIALS, PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THIS
WEBSITE, THE CONTENT OR AGREEMENT, EVEN IF PMC OR SUCH CONTENT PROVIDER
HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT
AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF
PMC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE
CONTENT OR THIS USER AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF
ACTION, SHALL BE THE LESSER OF THE AMOUNT USER ORIGINALLY PAID FOR
THE SERVICE, CONTENT, PRODUCTS OR MATERIALS OR ONE HUNDRED US
DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH
JURISDICTIONS, PMC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. USER MAY NOT ASSERT ANY CLAIM OR BRING ANY
ACTION OF ANY KIND RELATING TO OR ARISING OUT OF THE AGREEMENT MORE
THAN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT THAT
GAVE RISE TO THE CLAIM OR CAUSE OF ACTION.
Indemnity
User agrees to indemnify, defend and hold PMC and its Content providers
harmless from and
against any and all claims, losses, liability, cost, and expenses (including,
but not limited to,
reasonable attorneys' fees) arising from User's violation or breach of the User
Agreement, any
service agreement and any third party's rights, including, but not limited to,
copyrights,
proprietary and privacy rights, intellectual property rights or any applicable
federal, state or local
law, regulation or ordinance. User's obligations under this Section will
survive the termination of
any relationship with PMC.
Termination of Access
PMC reserves the right to deny or terminate User's access to or use of this
Website, any service,
product, or material, or any portion thereof, in PMC's sole discretion, without
notice and without limitation, for any reason whatsoever, including, but not
limited to, User's breach of any provision of the User Agreement or any
applicable service agreement or discontinuance of
PMC's access to any product or material. In the event of any such termination
by PMC, PMC
shall have no liability to User.
Changes to User Agreement
PMC reserves the right to change or amend the User Agreement at any time upon
prior notice
posted on the Website. Continued use of the Website after the posting of such
notification,
constitutes the User's consent to the changed or amended terms of the User
Agreement.
Governing Law
PMC controls this Website from its offices within the State of New York, United
States of
America. User and PMC agree that all matters relating to the Website or the
User Agreement or
to any product material or service shall be governed by the statutes and laws
of the State of New
York, and the federal laws of the USA without regard to any jurisdiction's
conflicts of laws
principles.
Jurisdiction and Venue
User and PMC agree to the exclusive personal jurisdiction and venue of the
state and federal
courts located in New York County, New York, with respect to all matters
relating to the
Website or the User Agreement or to any product material or service.
Unlawful Activities Prohibited
PMC makes no representation that the Content, products, or services available
on this Website
are lawful, appropriate or available for use in locations outside the State of
New York or the
USA, and accessing them from jurisdictions where the same or their content is
illegal is
prohibited. Any User who chooses to access this Website from a location outside
the USA does
so on User's own initiative and is responsible for compliance with local laws.
Unlawful Purposes. Transmission, distribution or
conduct in violation of any applicable
local, state, federal or foreign law or
regulation is prohibited. This includes, without
limitation,any unauthorized use of
material protected by patent, copyright, trademark or
other intellectual property right or
material that is obscene, constitutes an illegal threat or
harassment or violates export control
laws, or is used to commit fraud or any other
activity that is prohibited by criminal
or civil law.
Unwanted Materials, Offensive Content and Disabling Code.Transmission,
distribution or storage of unwanted
materials, offensive content and disabling code is
prohibited.
Unauthorized Services and Functionality. Any action to
defeat or disable, or conduct
that facilitates defeating or disabling,
any functionality of the Website or alters the look,
feel or functionality of the Website or
user interface is prohibited. This includes, without
limitation, altering or blocking the
display of any advertisement, banner or other
promotional materials appearing on the
Website. {Is this applicable to us?]
If the User uses the Website, the Content, the services or products for any
unlawful or illegal
purpose, User shall indemnify and hold harmless PMC for all losses, costs and
expenses incurred
by PMC as a result of such use.
Addresses; Notices
User agrees that if PMC needs to contact User or send User any written
(paper-based)
information (such as notices, account statements, or other communications), PMC
can do so by
mail addressed to User at the postal service address in PMC's records or, at
PMCs option, by
electronic communication(s) either authorized by User or permitted by law and
transmitted by
PMC to User's email address in PMC's records or by otherwise posting on this
Website. Unless
the communication states another effective date, any paper-based communication
PMC sends to
User is effective when mailed to User's postal service address by delivery to
the mail service
provider, and any electronic communication PMC sends to User is effective when
transmitted by
PMC to User's email service provider. User must notify PMC promptly in writing,
or by email
with written confirmation mailed within five (5) days, if User changes User's
postal service or
email address or if User's email service provider is no longer providing email
service for User. In
no event shall PMC have any responsibility, and User hereby release PMC from
all claims and
liabilities, for any actions or omissions by User or User's email service
provider in handling
email to or from User, or for any failure in computer hardware, software, or
communications
lines not maintained by PMC or under PMC's control.
Miscellaneous
Liability Limitation. PMC shall not
be liable for nonperformance or delay in
performance caused
by any reason, whether within or outside of its control.
Entire Agreement. This User Agreement, as
amended from time to time, constitutes the
sole agreement between
PMC and User respecting the subject matter hereof and fully
supersedes any and all
other agreements, either oral or in writing, with respect to the
Website and products
services or materials under or through this Website. User
acknowledges that User
has read this User Agreement and understands and accepts its
terms.
Severability. If any provision of
this User Agreement is held to be unenforceable for any
reason, such
provision shall be reformed only to the extent necessary to comply with
applicable laws, and the
remainder of this User Agreement shall remain in full force and
effect.
No Waiver. Any failure of PMC to enforce
any provision of this User Agreement shall
not constitute a waiver
of any rights under such provision or any other provision of this
User Agreement.
Contacting PMC
If you have any questions about the User Agreement, you can contact us at
info@patrickmcmullan.com.