MP Artworks Policies

» Privacy Policy

MP Artworks takes your privacy very seriously. We will never share your personal information with any external organization, and we will not sell, rent or distribute any personal information about our clients, including e-mail addresses, without your consent. Any personal information you provide is protected internally.

All personnel with access to personal information are aware of our policies. Any breach of policy would result in immediate dismissal.

We do use aggregated information to determine trends and client needs. Some aggregated information is analyzed and used as input to improve our site; however, no personal information is divulged.

 

 

» Terms of Use

This Site, as well as any other affiliated sites on which a link to this Terms of Use policy is located (the "Site"), is the property of Micah Parker Artworks, Inc., d/b/a MP Artworks.   Our products and services are provided subject to the terms and conditions in this Terms of Use policy.  If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.  If you do not agree or wish to be bound by these terms and conditions, please do not use the Site. 

Ownership and Intellectual Property Rights.  All written and other content on the Site, including software, images, graphics, trademarks, servicemarks, logos, and artworks, including the design, selection, arrangement, compilation, and coordination of such content (collectively, the "Content") is owned, used by permission, or licensed by or to MP Artworks, its content suppliers, or software suppliers, and is protected by copyright, trademark or servicemark laws, and various other intellectual property rights laws.

MP Artworks honors the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify MP Artworks immediately and we will diligently work with you to gather the information we need to verify that you have a bona fide claim.

License and Site Access.  MP Artworks grants you a limited, revocable, nonexclusive license to access and make personal use of the Site as a customer of MP Artworks; however, except as expressly provided in this Terms of Use policy or within the Site or as allowed by applicable law, no part of the Site and no Content may be downloaded (other than page caching), reproduced, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, displayed, altered to make new works, digitized, compiled, translated or transmitted in any way without MP Artworks' prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and MP Artworks reserves all rights not expressly granted hereunder.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MP Artworks without MP Artworks' prior written consent. You may not use any meta tags or any other "hidden text" utilizing MP Artworks' name or trademarks without the prior written consent of MP Artworks. Any use of the Site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by MP Artworks.

Registration; Customer Accounts; Use of Site.  Certain products or services offered on or through the Site require you to first open a My Account or My Gallery (collectively, "My Account"). If you use My Account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You may be held liable for losses incurred by MP Artworks or any other user of the Site due to someone else using your password or customer account.

You also agree that MP Artworks may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason. You agree that MP Artworks will not be liable to you or to any third party for termination of your access to the Site.

Privacy.  By using the Site, you also agree to be bound by the terms and conditions of our Privacy Policy, which is incorporated herein, which may be changed from time to time.

Consent To Our Communication With You By E-Mail.  By establishing a My Account, or by sending e-mails to us, and each time you make a purchase through our Site, you grant permission for MP Artworks to contact you at your e-mail address for any purpose.  However, you may opt out of receiving marketing e-mail from us by emailing us or by following the easy, automated directions at the end of the email.

Methods of Payment, Credit Card Terms and Taxes. All payments must be made by credit card (we currently accept VISA, MasterCard, Discover Card, or American Express), cash, checks (no third-party checks), or money orders. Your card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Terms of Use policy to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MP Artworks of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MP Artworks does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MP Artworks or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. MP Artworks shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Florida and any other states or localities that it deems are required.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MP Artworks reserves the right at any time after receipt of your order to accept or decline your order for any reason. MP Artworks further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by MP Artworks upon our delivery of products or services that you have ordered.

No Responsibility To Sell Mispriced Products Or Services. MP Artworks endeavors to provide accurate and up-to-date information on the Site.  However, at times there may be errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or otherwise.  MP Artworks shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price or discount, or containing any other incorrect information or typographical errors. MP Artworks shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made (including your credit card being charged). If payment has already been received and your order is canceled, MP Artworks shall immediately issue a refund in the amount of the charge.

Modifications to Prices or Billing Terms. MP ARTWORKS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Indemnification. You agree to indemnify, defend, and hold harmless MP Artworks and its parents, sister companies, subsidiaries, affiliates, service providers, suppliers, agents, licensors, officers, directors and employees from and against any claim or demand, including all losses, expenses, damages, costs, and reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use policy or any activity related to the use of the Site by you or anyone accessing the Site on your behalf, or your violation of any law, regulation or third-party right.

Disclaimer of Warranties and Limitation of Liability.  MP ARTWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND/OR SERVICES INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MP ARTWORKS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MP ARTWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MP ARTWORKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, EVEN IF MP ARTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

THE SITE, PRODUCTS, SERVICES, CONTENT, AND INFORMATION ARE PROVIDED AS IS AND AS AVAILABLE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MP ARTWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING BUT NOT LIMITED TO ACCURACY, AVAILABILITY AND/OR COMPLETENESS, AND ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR WORMS, OR CORRESPONDENCE TO DESCRIPTION.  NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE POLICY OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MP ARTWORKS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID BY YOU TO MP ARTWORKS. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Risk of Loss.  YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. MP Artworks is not responsible for, and cannot guarantee, the timely performance of shipping vendors once your order is shipped. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays or additional charges that shall be your sole responsibility and not that of MP Artworks.  MP Artworks is not responsible for any damage caused to your order by you or any other third party, including calligraphers or framers, once your order is shipped.

Applicable Law.  This Terms of Use policy shall be governed by the laws of the State of Florida without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Sarasota County, in the State of Florida, in all disputes arising out of or relating to this Terms of Use policy or use of the Site.

Miscellaneous.  No delay or failure to take action under this Terms of Use policy shall constitute any waiver by MP Artworks of any provision of this Terms of Use policy.  This Terms of Use policy will bind and inure to the benefit of MP Artworks' successors and assigns. This Terms of Use policy is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use policy shall be null and void. MP Artworks may freely assign this Terms of Use policy without consent or notice. This Terms of Use policy (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between MP Artworks and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Site Policies and Modification.  Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to the Site. MP Artworks reserves the right, in its sole discretion and at any time, to alter, add to, delete, or terminate all or any portion of the Site, policies, and this Terms and Conditions of Use; therefore, you should review those policies and this Terms of Use policy each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes.  If this Terms of Use policy is terminated at any time, you must immediately destroy all materials (or copies thereof) obtained from this Site or MP Artworks and cease use of and visitation to this Site.