Agreement between User and Jane Tyree McEldowney, LLC
Welcome to Jane Tyree McEldowney, LLC.
Jane Tyree McEldowney, LLC (and www.tyreeart.com) is a service and commerce company offering Fine Art artworks, prints on metal, Other Products & Goods, and all other products or services.
These terms of service outline the rules and regulations for the use of Jane Tyree McEldowney, LLC’s Website. The www.tyreeart.com website (the “Site”) is comprised of various web pages operated by Jane Tyree McEldowney, LLC. www.tyreeart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing this website, we assume you accept these terms of service in full. Do not continue to use Jane Tyree McEldowney, LLC’s website if you do not accept all of the terms of service stated on this page.
Jane Tyree McEldowney, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.
These Terms of Service contain an arbitration and class action waiver provision in the Dispute Resolution section below that impacts your rights under these Terms of Service and concerning any disputes between you and Jane Tyree McEldowney, LLC or our affiliates.
Intellectual Property Rights
Unless otherwise stated, Jane Tyree McEldowney, LLC and/or it’s licensors own the intellectual property rights for all material on Jane Tyree McEldowney, LLC. All intellectual property rights are reserved. You may view and/or print pages from www.tyreeart.com for your own personal use subject to restrictions set in these terms of service.
You must not:
- Republish material from www.tyreeart.com
- Sell, rent, or sub-license material from www.tyreeart.com
- Reproduce, duplicate or copy material (content) from www.tyreeart.com
- Redistribute content from Jane Tyree McEldowney, LLC (unless content is specifically made for redistribution).
All artwork, images, and graphics are the sole property of Jane Tyree McEldowney, LLC and may not be used by any third party without written permission. Copying or reproducing artwork created by Jane Tyree McEldowney (as seen on www.tyreeart.com, or elsewhere) is strictly prohibited without written permission from the artist. Jane Tyree McEldowney, LLC retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business. Jane Tyree McEldowney, LLC retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Jane Tyree McEldowney, LLC retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Jane Tyree McEldowney UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist name).
All content on the website is owned by or licensed to Jane Tyree McEldowney, LLC, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Jane Tyree reserves all rights not expressly granted in and to the Website and the Content contained therein.
The Jane Tyree website is © 2020 Jane Tyree McEldowney, LLC – All Rights Reserved.
You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Website, or with any features that prevent or restrict use or copying of any Content. 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 thereafter.
Visiting www.tyreeart.com or sending emails to Jane Tyree McEldowney, LLC constitutes electronic communications. You consent to receive electronic communications; you agree that all agreements, notices, disclosures, and other communications or sending emails to Jane Tyree McEldowney, LLC constitutes electronic communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Jane Tyree McEldowney, LLC grants you permission to use the Website as outlined in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Jane Tyree McEldowney, LLC’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and (v) you will otherwise comply with all terms and conditions of these Terms of Service. Jane Tyree McEldowney, LLC reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. Also, you agree to immediately notify Jane Tyree McEldowney, LLC of any unauthorized use of your password or account or any other breach of security that you become aware of.
To access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If Jane Tyree McEldowney, LLC suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period by using a conventional on-line web browser. Notwithstanding the foregoing, Jane Tyree McEldowney, LLC grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
If you use this site, 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 not assign or otherwise transfer your account to any other person or entity. You acknowledge that Jane Tyree McEldowney, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account.
Jane Tyree McEldowney, LLC may, in our sole discretion and without prior notice, immediately terminate your www.tyreeart.com account and access to the Website and any other Jane Tyree McEldowney, LLC services. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, and/or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; and/or (f) the nonpayment of any fees owed by you in connection with the Website or any other Jane Tyree McEldowney, LLC product. Termination of your www.tyreeart.com account will include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files, and materials; and (c) barring of further use of the Website. Further, you agree that Jane Tyree McEldowney, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
Ability to Accept Terms of Service
You affirm that (i.) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii.) that you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Service, and (iii.) you understand and will comply with all of these Terms of Service.
www.tyreeart.com is not intended for children under 13. If you are under 13 years of age, then please do not use the Jane Tyree McEldowney, LLC Website.
Links to Third Party Sites/Third Party Services
www.tyreeart.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Jane Tyree McEldowney, LLC; Jane Tyree McEldowney, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a linked site or any changes or updates to a Linked Site. Jane Tyree McEldowney, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jane Tyree McEldowney, LLC of the site or any association with its operators.
Certain services made available via www.tyreeart.com, are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.tyreeart.com domain, you acknowledge and consent that Jane Tyree McEldowney, LLC may share such information and data with any third party with whom Jane Tyree McEldowney, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.tyreeart.com users and customers.
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data (‘Comments or Reviews’) in areas of the website. Jane Tyree McEldowney, LLC does not screen, edit, publish or review Comments before their appearance on the website and Comments do not reflect the views or opinions of Jane Tyree McEldowney, LLC, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such views or opinions. To the extent permitted by applicable laws Jane Tyree McEldowney, LLC shall not be responsible or liable for the Comments or any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Jane Tyree McEldowney, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive, or otherwise in breach of these Terms of Service. You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Jane Tyree McEldowney, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments/Reviews in all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law, and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Jane Tyree McEldowney, LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications, or other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Jane Tyree McEldowney, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around www.tyreeart.com pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
You agree to indemnify, defend and hold harmless Jane Tyree McEldowney, LLC, 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.
We shall have no responsibility or liability for any content appearing on your Web site.
No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Jane Tyree McEldowney, LLC 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 Jane Tyree McEldowney, LLC in asserting any available defenses.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
The Service is controlled, operated, and administered by Jane Tyree McEldowney, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Jane Tyree McEldowney, LLC Content accessed through www.tyreeart.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Jane Tyree McEldowney, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Limitation of Liability
IN NO EVENT SHALL JANE TYREE MCELDOWNEY, LLC, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF JANE TYREE MCELDOWNEY, LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JANE TYREE MCELDOWNEY, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Jane Tyree McEldowney, LLC from its facilities in the United States of America. Jane Tyree McEldowney, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Violations of These Terms of Service
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to [email protected] Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Jane Tyree McEldowney, LLC in its sole discretion may investigate the matter and take such action as Jane Tyree McEldowney, LLC determines to be appropriate.
Modifications to the Website; Inaccuracy Disclaimer
Jane Tyree McEldowney, LLC reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Jane Tyree McEldowney, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of any part of our Website; this includes, but is not limited to, discontinuance of items and modifications of prices.
This Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The information on the Website does not constitute a binding offer to sell products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms
Jane Tyree McEldowney, LLC reserves the right, in its sole discretion, to change the Terms under which Www.tyreeart.com is offered. The most current version of the Terms will supersede all previous versions. Jane Tyree McEldowney, LLC encourages you to periodically review the Terms to stay informed of our updates.
Jane Tyree McEldowney, LLC welcomes your questions or comments regarding the Terms: [email protected]
Effective as of November 11, 2020