TERMS AND CONDITIONS

1 — Accep­tance of Terms

1.1 — Your access to and use of RobertMcClintock.com (‘the Web­site’) and any Ser­vices referred to in Clause 2, is sub­ject exclu­sively to these Terms and Con­di­tions. You will not use the Website/Services for any pur­pose that is unlaw­ful or pro­hib­ited by these Terms and Con­di­tions. By using the Website/Services you are fully accept­ing the terms, con­di­tions and dis­claimers con­tained in this notice. If you do not accept these Terms and Con­di­tions you must imme­di­ately stop using the Website/Services.
1.2 — We reserve the right to update or amend these Terms and Con­di­tions at any time and your con­tin­ued use of the Website/Services fol­low­ing any changes shall be deemed to be your accep­tance of such change. It is there­fore your respon­si­bil­ity to check the Terms and Con­di­tions reg­u­larly for any changes.

2 — The Services

The Web­site may pro­vide com­mu­ni­ca­tion tools such as image gal­leries, admin­is­tra­tion areas, email, bul­letin boards, chat areas, news groups, forums and/or other mes­sage or com­mu­ni­ca­tion facil­i­ties (‘the Ser­vices’) designed to enable you to com­mu­ni­cate with oth­ers. Unless stated oth­er­wise the Ser­vices are for your per­sonal and non-commercial use only.

3 — Return and Exchange Policy

3.1 – As per the terms of returns and exchanges, by using the web­site and its asso­ci­ated shop­ping carts, you agree to Robert McClin­tock Stu­dio & Gallery’s pol­icy on returns and exchanges. Any piece bought from the Robert McClin­tock Stu­dio & Gallery web­site or in the gallery at The Mill Centre at 3000 Chestnut Avenue, Suite 220 can be returned for STORE CREDIT ONLY within 14 days of pur­chase.
3.2 – Any pur­chases made in error, dou­ble pur­chases, or mis-sized pur­chases can be refunded, but it must be brought to the atten­tion of Robert McClin­tock Stu­dio & Gallery with within 12 hours from the time of pur­chase to pre­vent loss of pro­duc­tion mate­ri­als.
3.3 – If a pur­chase is made in error, dou­ble pur­chased, or mis-sized in order, and is not brought to the atten­tion of Robert McClin­tock Stu­dio & Gallery with in the spec­i­fied time, a pro­duc­tion mate­r­ial replace­ment fee will be deducted from the refund given to the cus­tomer in the amount equal to the sales tax of the refunded item.

4 — Child Supervision

We are con­cerned about the safety and pri­vacy of our users, par­tic­u­larly chil­dren. Par­ents who wish to allow their chil­dren access to and use of the Website/Services should super­vise such access and use. By allow­ing your child access to the Website/Services you are allow­ing your child access to all of the Ser­vices. It is there­fore your respon­si­bil­ity to deter­mine which Ser­vices are appro­pri­ate for your child. Always use cau­tion when reveal­ing per­son­ally iden­ti­fi­able infor­ma­tion about your­self of your chil­dren via any of the Services.

5 — Pri­vacy Policy

We are com­mit­ted to respon­si­ble data man­age­ment and sub­scribe to the prin­ci­pals of the data pro­tec­tion leg­is­la­tion in the US. We are com­mit­ted to main­tain­ing the pri­vacy of our users and main­tain­ing the secu­rity of any per­sonal infor­ma­tion received from you. If you reg­is­ter for any of the Ser­vices you will be asked to pro­vide basic per­sonal infor­ma­tion. The infor­ma­tion pro­vided by you is not avail­able for sale or use by third par­ties. The infor­ma­tion is used solely for noti­fy­ing you of changes or updates to the Website/Services.

6 — User Account, Pass­word and Security

If a par­tic­u­lar Ser­vice requires you to open an account you will be required to com­plete the reg­is­tra­tion process by pro­vid­ing cer­tain infor­ma­tion and reg­is­ter­ing a user­name and pass­word for use with that Ser­vice. You are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of the user­name and pass­word and also for all activ­i­ties which take place under your account. You agree to imme­di­ately notify us of any unau­tho­rized use of your pass­word or account or any other breach of secu­rity. In no event will Robert McClin­tock Stu­dio & Gallery be liable for any indi­rect or con­se­quen­tial loss or dam­age what­so­ever result­ing from the dis­clo­sure of your user­name and/or pass­word. You may not use another person’s account at any time, with­out the express per­mis­sion of the account holder.

7 — Accept­able Use

7.1 – You acknowl­edge that all infor­ma­tion, text, graph­ics, logos, pho­tographs, images, mov­ing images, sound, illus­tra­tions and other mate­ri­als (‘the Con­tent’), whether posted pub­licly or trans­mit­ted pri­vately, are the sole respon­si­bil­ity of the per­son from whom such Con­tent orig­i­nated. Robert McClin­tock Stu­dio & Gallery will not be liable in any way for any Con­tent or for any loss or dam­age of any kind result­ing from the use of any Con­tent trans­mit­ted via the Ser­vices and you agree to bear all risks asso­ci­ated with the use of any Con­tent, includ­ing any reliance on the accu­racy or com­plete­ness of such Con­tent.
7.2 – In using the Website/Services you agree not to:
7.2.1 – use the Ser­vices to send junk email, spam, chain let­ters, pyra­mid schemes or any other unso­licited mes­sages, com­mer­cial or oth­er­wise;
7.2.2 – post, pub­lish, dis­trib­ute or dis­sem­i­nate mate­r­ial or infor­ma­tion that is defam­a­tory, infring­ing, obscene, inde­cent, threat­en­ing, abu­sive, harass­ing or unlaw­ful;
7.2.3 – post, pub­lish, dis­trib­ute or dis­sem­i­nate mate­r­ial or infor­ma­tion that incites dis­crim­i­na­tion, hate or vio­lence towards any per­son or group on account of their race, reli­gion, dis­abil­ity, nation­al­ity or oth­er­wise;
7.2.4 – threaten abuse, dis­rupt, stalk or oth­er­wise vio­late the legal rights (includ­ing rights of pri­vacy and pub­lic­ity) of oth­ers;
7.2.5 – use any infor­ma­tion or mate­r­ial in any man­ner that infringes any copy­right, trade­mark patent or other pro­pri­etary right of any party;
7.2.6 – make unavail­able or upload files that con­tain a virus, worm, Tro­jan or cor­rupt data that may dam­age the oper­a­tion of the com­puter or prop­erty of another;
7.2.7 – col­lect or store per­sonal infor­ma­tion about oth­ers, includ­ing email addresses;
7.2.8 – adver­tise or offer to buy or sell goods or ser­vices for any com­mer­cial pur­pose, unless such com­mu­ni­ca­tion facil­ity specif­i­cally allows such mes­sages;
7.2.9 – imper­son­ate any per­son or entity for the pur­pose of mis­lead­ing oth­ers;
7.2.10 – vio­late any applic­a­ble laws or reg­u­la­tions;
7.2.11 – use the Website/Services in any man­ner that could dam­age, dis­able, over­bur­den or impair the Website/Services or inter­fere with any other party’s use and enjoy­ment of the Website/Services;
7.2.12 – post, pub­lish, dis­trib­ute or dis­sem­i­nate mate­r­ial or infor­ma­tion that you do not have a right to trans­mit under any law or under con­trac­tual or fidu­ciary rela­tion­ships (such as inside infor­ma­tion or con­fi­den­tial infor­ma­tion dis­closed in the course of employ­ment or under a con­fi­den­tial­ity agree­ment);
7.2.13 – attempt to gain unau­tho­rized access to any of the Ser­vices, other accounts, com­puter sys­tems or net­works con­nected to the Website/Services through hack­ing, pass­word min­ing or any other means.
7.3 – We have no oblig­a­tion to mon­i­tor the Ser­vices but shall be enti­tled to review mate­ri­als posted to a com­mu­ni­ca­tions facil­ity and, at our sole dis­cre­tion, to remove any mate­r­ial that breaches these Terms and Con­di­tions or is oth­er­wise objectionable.

 8 — Links To Third Party Websites

The Website/Services may include links to third party web­sites that are con­trolled and main­tained by oth­ers. Any link to other web­sites is not an endorse­ment of such web­sites and you acknowl­edge and agree that Robert McClin­tock Stu­dio & Gallery is not respon­si­ble for the con­tent or avail­abil­ity of any such sites.

9 — Indemnity

You agree to indem­nify and hold Robert McClin­tock Stu­dio & Gallery harm­less from and against any breach by you of these Terms and Con­di­tions and any claim or demand brought against Robert McClin­tock Stu­dio & Gallery by any third party aris­ing out of your use of the Ser­vices and/or any Con­tent sub­mit­ted, posted or trans­mit­ted through the Ser­vices, includ­ing with­out lim­i­ta­tion, all claims, actions, pro­ceed­ings, losses, lia­bil­i­ties, dam­ages, costs, expenses (includ­ing rea­son­able legal costs and expenses) how­so­ever suf­fered or incurred by Robert McClin­tock Stu­dio & Gallery in con­se­quence of your breach of these Terms and Conditions.

10 — Dis­claimers and Lim­i­ta­tion of Liability

10.1 – Use of the Website/Services is at your own risk. The Website/Services are pro­vided on an ‘AS IS’ and ‘AS AVAILABLE’ basis with­out any rep­re­sen­ta­tion or endorse­ment made and with­out war­ranty of any kind whether express or implied, includ­ing but not lim­ited to the implied war­ranties of sat­is­fac­tory qual­ity, fit­ness for a par­tic­u­lar pur­pose, non-infringement, com­pat­i­bil­ity, secu­rity and accu­racy.
10.2 – To the extent per­mit­ted by law, Robert McClin­tock Stu­dio &Gallery will not be liable for any indi­rect or con­se­quen­tial loss or dam­age what­so­ever (includ­ing with­out lim­i­ta­tion loss of busi­ness, oppor­tu­nity, data, prof­its) aris­ing out of or in con­nec­tion with the use of the Website/Services.
10.3– Robert McClin­tock Stu­dio & Gallery makes no war­ranty that the Website/Services will meet your require­ments, that Con­tent will be accu­rate or reli­able, that the func­tion­al­ity of the Website/Services will be unin­ter­rupted or error free, that defects will be cor­rected or that the Website/Services or the server that makes them avail­able are free of viruses or any­thing else which may be harm­ful or destructive.9.4 – Robert McClin­tock Stu­dio & Gallery makes no war­ranty that the Website/Services will meet your require­ments, that Con­tent will be accu­rate or reli­able, that the func­tion­al­ity of the Website/Services will be unin­ter­rupted or error free, that defects will be cor­rected or that the Website/Services or the server that makes them avail­able are free of viruses or any­thing else which may be harm­ful or destruc­tive.
10.4 – Robert McClin­tock Stu­dio & Gallery is not respon­si­ble in any way for any art­work sales that you or third par­ties may engage in.
10.5 – Robert McClin­tock Stu­dio & Gallery reserve the right to refuse use of the Ser­vices.
10.6 – Robert McClin­tock Stu­dio & Gallery reserve the right to refuse or remove images or text posted on the Website.

11 — Severance

If any of these Terms and Con­di­tions should be deter­mined to be invalid, ille­gal or unen­force­able for any rea­son by any court of com­pe­tent juris­dic­tion then such Term or Con­di­tion shall be sev­ered and the remain­ing Terms and Con­di­tions shall sur­vive and remain in full force and effect and con­tinue to be bind­ing and enforceable.

 12 Gov­ern­ing Law

These Terms and Con­di­tions shall be gov­erned by and con­strued on accor­dance with the law of United States and you hereby sub­mit to the exclu­sive juris­dic­tion of the US courts.