Terms & Conditions

 

The www.maureenmaki.com website (the “Site”) is comprised of various web pages operated by Maureen Maki Art. www.maureenmaki.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.maureenmaki.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.maureenmaki.com is an E-Commerce Site.

Electronic Communications Visiting www.maureenmaki.com or sending emails to Maureen Maki Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.maureenmaki.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Maureen Maki Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, used on the Site, is the property of Maureen Maki Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Maureen Maki Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Maureen Maki Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Maureen Maki Art or our licensors except as expressly authorized by these Terms.

Maureen Maki Art reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Maureen Maki Art’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Maureen Maki Art does not control or endorse the content, messages or information found in any Communication Service and, therefore, Maureen Maki Art specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Maureen Maki Art spokespersons, and their views do not necessarily reflect those of Maureen Maki Art.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Indemnification You agree to indemnify, defend and hold harmless Maureen Maki Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Maureen Maki Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Maureen Maki Art in asserting any available defenses.

Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Changes to Terms Maureen Maki Art reserves the right, in its sole discretion, to change the Terms under which www.maureenmaki.com is offered. The most current version of the Terms will supersede all previous versions. Maureen Maki Art encourages you to periodically review the Terms to stay informed of our updates.

Effective as of April 21, 2018