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.
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.
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.
Each Photographic Image shall be referred to herein as “Content”. Subject to receipt of full payment and subject to the terms and conditions set forth in this agreement, Patrick McMullan Company Inc. (PMC) grants Licensee the limited, non-exclusive, non-transferable license to publish content for editorial purposes only for a term of up to 3 years. Licensee may not use editorial content for any commercial promotional, advertorial, endorsement, advertising or merchandising purpose. Licensee may not allow others to download, extract or redistribute content.
PMC reserves and shall retain all right, title and interest in and to the content, including all copyrights therein. Licensee acknowledges that the licensed content is the property of PMC, and Licensee shall have no ownership interest therein of content, subject only to the limited license above.
PMC does not obtain releases from subjects, individuals, groups or entities contained or depicted in its photographs or quoted in its texts, or from holders of rights in or to physical locations and Licensee and its affiliated companies further acknowledges that no clearance is obtained from the owners of any copyrighted materials or trade or service marks which are included or depicted in PMC photographs or materials. Licensee and its affiliated companies also acknowledges that it will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities are necessary for Licensee and its affiliated companies own uses of the content. Without limitation, Licensee is solely responsible for use of photograph in combination with content, whether or not provided by PMC, covering sensitive subjects including, without limitation, topics that may depict the subject matter of a photograph or image in a negative light or subject persons to ridicule, or the disparagement of a person or product.
Licensee shall have the right to color-correct, re-size and crop photographs in the Content (each a “Change”) provided that there shall be no Change made that alters the facts, meaning, tone or general context thereof. Licensee agrees that no Change will compromise the original intent of the Content.
Licensee shall not use or permit the use of the Content in any way not authorized by this Agreement. The consequences of any Change whatsoever to any Content is solely the responsibility of Licensee. If any of these terms are found to be breached by Licensee, PMC may terminate this agreement and Licensee must cease use immediately.
Licensee shall include a credit line providing attribution to PMC whenever the Content is published, in substantially the following form: “Photograph ©Patrick McMullan”
Licensee at all times shall defend, indemnify and hold harmless Licensor, and Licensor’s successors and assigns from and against any and all claims, actions, damages and losses, liabilities and expenses, including reasonable outside attorneys’ fees, arising out of or caused by Licensee’s use of the Materials except as specified herein and by the breach of any of the representations, warranties, undertakings and agreements made by Licensee hereunder.
This agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and wholly performed therein, without regard to principles of conflicts of law. This agreement contains the full understanding of the parties with respect to the subject matter hereof.
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.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to PMC and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, PMC will terminate the infringing customer's account. PMC may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), PMC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. PMC respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Website, please contact via email at info@patrickmcmullan.com, or mail at:
Patrick McMullan CompanyAny written notice describing the infringing activity must include the following information:
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.
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.
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.
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.
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.
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.
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.
If you have any questions about the User Terms, you can contact us at info@patrickmcmullan.com.