Terms of Use

Welcome to Atelier Richard MacDonald and atelierrichardmacdonald.com, herein also referred to as the 'Site'.

Atelier Richard MacDonald (online as "atelierrichardmacdonald.com"), creates and maintains websites in order to provide artistic information and resources to the public via the Internet. By using atelierrichardmacdonald.com and its content you are agreeing to comply with and be bound by the following terms, which Atelier Richard MacDonald may change at any time. Your continued use of atelierrichardmacdonald.com following the posting of any changes to the terms of use constitutes acceptance of those changes.

1. Use of the Site: You may use atelierrichardmacdonald.com only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of atelierrichardmacdonald.com or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

a) Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.

b) Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.

c) Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by atelierrichardmacdonald.com in a manner not authorized by atelierrichardmacdonald.com.

d) Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

e) Impersonate any other person including but not limited to, a registered user of this Site or an employee of atelierrichardmacdonald.com.

f) Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.

g) Misrepresent the identity of a user or use a false e-mail address.

h) Tamper with or obtain access to this Site or any component of this Site.

i) Conduct fraudulent activities

j) Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

2. Eligibility for Use: The Site is available to visitors who are 18 years and older and who have not been suspended or removed by atelierrichardmacdonald.com for any reason. By viewing the Site you represent that you are of legal age. If you do not qualify, you may not use the Site. You agree to use the Site for your own personal use and not for commercial purposes. Without limitation, use of the site by employees or agents of a commercial enterprise in the course of their employment or agency is a prohibited commercial use.

3. Additional Terms and Conditions: Additional terms and conditions may apply to specific portions of the Site which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted, or applicable to, a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

4. Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to images, logos, graphics, videos and text) available on the Site are the property of atelierrichardmacdonald.com and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.

5. Prohibited Use:

a) You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.

b) Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.

c) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.

d) You may not copy, frameset, enclose or otherwise distribute any part of the Site.

6. Links to Third Party Websites: No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.

7. Indemnification: By using this Site, you agree to indemnify, hold harmless and defend Richard MacDonald, Richard MacDonald Studios, The Art of Richard MacDonald, and atelierrichardmacdonald.com, their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Richard MacDonald, Richard MacDonald Studios, The Art of Richard MacDonald, and atelierrichardmacdonald.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

8. Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES , VIDEO AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, ATELIERRICHARDMACDONALD.COM DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability: IN NO EVENT SHALL ATELIERRICHARDMACDONALD.COM OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF ONE KINGS LANE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF ATELIERRICHARDMACDONALD.COM OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO ATELIERRICHARDMACDONALD.COM IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $1. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ATELIERRICHARDMACDONALD.COM OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED OR OTHERWISE STORED BY OR ON BEHALF OF ATELIERRICHARDMACDONALD.COM.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

10. Not Intended for International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

11. Unavailability of Site: We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, including without limitation, breach of these Terms of Use. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will atelierrichardmacdonald.com be held liable for any damages due to such interruptions or lack of availability.

12. Termination. If at any time, we notify you that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. You agree that we will have no liability to you or any third party for termination of your access to the Site.

13. Copyright Infringement: Notice and Take Down Procedures:Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Web Master, Atelier Richard MacDonald, 16 Lower Ragsdale Rd, Monterey, CA 93940 admin@atelierrichardmacdonald.com

14. Choice of Law and Forum: These Terms of Use and any dispute of any sort that might arise between you and atelierrichardmacdonald.com or its subsidiaries, agents employees or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. You and atelierrichardmacdonald.com agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Monterey, California, and you and atelierrichardmacdonald.com agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE atelierrichardmacdonald.com OR SUBSIDIARIES, AGENTS, EMPLOYEES OR AFFILIATES, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

15. Damages: In addition to any injunctive relief, you agree to pay to atelierrichardmacdonald.com the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to atelierrichardmacdonald.com as described below. Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of One Kings Lane's damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

For purposes of calculating liquidated damages: "Item of Content" means each instance of content of any type posted to, stored on or transmitted via the Site by any user; and "Instance of Unauthorized Conduct" means each individual time atelierrichardmacdonald.com's servers are accessed in connection with or in facilitation of a violation of the Terms of Use. With respect to the Instances of Unauthorized Conduct enumerated in paragraphs 1(c) and 1(j) above or for continuing to access the Site after notification pursuant to paragraph 23 that access and use of the Site terminated, each day that atelierrichardmacdonald.com's servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

a) For violating Sections 1(a), 1(d), 1(g), 1(h), 1(l), 5(a), 5(b), 5(d) or any part of Section 9 of these Terms of Use, you agree to pay $100 for each Instance of Unauthorized Conduct and for each prohibited Item of Content;

b) For violating Sections 1(c), 1(e), 1(f), 1(j) and 1(k) of these Terms of Use, you agree to pay $1,000 for each Instance of Unauthorized Conduct;

c) For violating Sections 1(b), 1(i), or 5(c) of these Terms or Use, or continuing to access or use the Site after your account has been terminated pursuant to Section 23 or after you have been suspended or removed from using the Site pursuant to the first paragraph of Section 2, you agree to pay $25,000 for each Instance of Unauthorized Conduct.

16. Miscellaneous: Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and atelierrichardmacdonald.com with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and atelierrichardmacdonald.com with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of atelierrichardmacdonald.com to act with respect to a breach by you or others does not waive atelierrichardmacdonald.com's right to act with respect to subsequent or similar breaches. atelierrichardmacdonald.com's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Posted on June 1, 2016