Terms and Conditions
1. Introduction
Welcome to themcgillowaygallery.com (the “Website”). These Terms and Conditions (“Terms”) govern your access to and use of the Website and its related services offered by The McGilloway Gallery (“we,” “us,” or “our”). By accessing or using themcgillowaygallery.com, you agree to be bound by these Terms. Please read them carefully before using our services.
2. Definitions
For the purposes of these Terms:
– “Service” refers to the Website and any related offerings, content, features, or functionality provided through themcgillowaygallery.com.
– “User” means any individual or entity who accesses or uses the Service.
– “Content” refers to any images, text, graphics, artwork, or other materials available on the Website.
– “Account” refers to any personalized access credentials or profile created by a User to access specific portions of the Service.
3. Acceptance of Terms
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use the Service.
4. Changes to Terms
We reserve the right to modify, update, or replace these Terms at any time. We encourage Users to review this page periodically for any changes. Continued use of the Service after changes are posted constitutes acceptance of those changes.
5. Use of Services
5.1. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Website, you represent that you meet this requirement.
5.2. Account
Some features of the Service may require you to create an Account. You are responsible for maintaining the confidentiality of your Account credentials and agree to accept responsibility for all activities that occur under your Account.
5.3. Prohibited Activities
You agree not to use the Service for any unlawful or prohibited purpose, including but not limited to:
– Violating any applicable laws or regulations;
– Infringing on the intellectual property or privacy rights of others;
– Distributing viruses or harmful code;
– Interfering with the operation of the Website;
– Impersonating another person or misrepresenting your affiliation.
6. Intellectual Property
All Content on themcgillowaygallery.com, including but not limited to text, images, artistic works, logos, and design elements, is the exclusive property of The McGilloway Gallery or its licensors and is protected by copyright, trademark, and other intellectual property laws. Use of any Content without prior written consent is strictly prohibited.
7. User-Generated Content
If the Service allows Users to upload or submit content, you retain ownership of your submitted material. However, by submitting content, you grant The McGilloway Gallery a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content in connection with the Service. You are solely responsible for any content you post and must have all necessary rights to do so.
8. Privacy Policy
Your use of the Service is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy available on themcgillowaygallery.com for more information.
9. Third-Party Services
The Website may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by The McGilloway Gallery. We are not responsible for the practices, content, or policies of any third-party sites or services.
10. Disclaimers and Liability
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Website will be error-free or uninterrupted. To the fullest extent permitted by law, The McGilloway Gallery disclaims all liability for any direct, indirect, incidental, or consequential damages arising from your use of or inability to use the Service.
11. Indemnification
You agree to indemnify and hold harmless The McGilloway Gallery, its affiliates, directors, officers, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, arising out of your use of the Service, violation of these Terms, or infringement of any third-party rights.
12. Termination
We reserve the right to suspend or terminate your access to the Service at any time, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Service will immediately cease.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which The McGilloway Gallery operates, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the appropriate courts of that jurisdiction.
14. Miscellaneous
14.1. Entire Agreement
These Terms constitute the entire agreement between you and The McGilloway Gallery regarding the use of the Service and supersede any prior understandings or agreements.
14.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3. Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
15. Contact Information
For questions about these Terms, contact us at [email protected].