PATRICKMCMULLAN.COM TERMS AND CONDITIONS
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 Terms").
The User Terms do not alter in any way the terms or conditions of any other agreement you may have with Patrick McMullan Company, Inc. (“PMC”), its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept the User Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these User Terms on such entity's behalf, and that such entity agrees to indemnify PMC for violations of these User Terms.
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.
Ownership of this Site
This Website is owned and operated by PMC.
Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof 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.
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 the User Terms 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.
Use of the Content
This Website and the Content are intended for customers of PMC. You may not use this Website or the Content for any purpose not related to your business with PMC. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with PMC; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PMC product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. 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 (i) persons whose images appear, or (ii) owners of rights relating to locations which appear, in any of the Content on this Website have consented in writing to the use of their image, identity or location, as the case may be, for any commercial purpose and the user is responsible for obtaining any written consents for commercial use of such images, identity or location.
PMC trademarks, including “Patrick McMullan Company” and “PMc”, the PMC logo, and any other product or service name or slogan contained in the Website are trademarks of PMC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PMC or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing any name, trademark or product or service name of PMC without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PMC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a PMC logo or other proprietary graphic of PMC to link to this Site without the express written permission of PMC. Further, you may not frame any PMC trademark, logo or other proprietary information, including the Content, without PMC's express written consent.
PMC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of PMC and PMC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PMC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PMC of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PMC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Any use by User of images from the Website shall be accompanied by the following credit: © Patrick McMullan.com.
Patrick McMullan Company
321 West 14th Street
New York, NY 10014
Any written notice describing the infringing activity must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
• A description of the allegedly infringing work or material;
• A description of where the allegedly infringing material is located on the site;
• Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
• A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND PMC AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PMC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PMC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
PMC uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
PMC offers a search feature within the Website. PMC explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. PMC also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
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 THE USER TERMS, 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.
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 Terms, 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 Terms 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 Terms
PMC reserves the right to change or amend the User Terms 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 Terms.
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 Terms 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 Terms 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.
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.
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.
· Liability Limitation. PMC shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
Print Orders. All print orders are special and unique orders and are therefore not refundable. If there are concerns or questions about an order or if you wish to make changes to the order, please contact firstname.lastname@example.org. Please do not place a duplicate or additional order if you wish to make changes to the order you have placed. Duplicate orders placed will not be refunded.
· Entire Agreement. The User Terms, 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 Terms and understands and accepts its terms. If User is at any time granted either a Subscription Account or a Commercial Account with PMC, then the terms and conditions of the Subscription User Terms or the Commercial User Terms, as the case may be, shall apply in addition to the terms of this User Terms, and in the case of any inconsistency, the Subscription User Terms or the Commercial User Terms, as the case may be, shall prevail to the extent of such inconsistency.
· Severability. If any provision of this User Terms 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 the User Terms shall remain in full force and effect.
· No Waiver. Any failure of PMC to enforce any provision of the User Terms shall not constitute a waiver of any rights under such provision or any other provision of the User Terms.
If you have any questions about the User Terms, you can contact us at email@example.com.