Terms of Use

Mary Donald Website Terms of Use

1. Acceptance and Modification of the Terms of Use

1.1 Your access and use of the website (the “Website”) of Mary Donald (“Mary Donald”), are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using the Website you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Website. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property

2.1 The content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, and artwork are our property and accordingly are protected by copyright, trademarks and all other intellectual or industrial property rights which exist under applicable law.

2.2 Except as provided in Section 3 below, nothing contained on our Website shall be interpreted or construed as granting you a licence or a right to use any such content of our Website.

3. Use of the Website

3.1 You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except with our prior written consent.

3.2 We neither warrant nor represent that your use of any content displayed on the Website will not infringe rights of third parties.

4. Information Deemed Non-Confidential

4.1 Any personally identifying data and information that you may send via the Internet to our Website are protected and treated according to our Privacy Policy. We invite you to read our Privacy Policy carefully before providing us with any such personally identifying data and information.

4.2 Any other information or material communicated to us through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes our property and may be freely used for any purpose.

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that our use will not violate any third party’s rights.

5. Disclaimer of Warranties

5.1 Without prejudice to section 6 of these Terms of Use, any material, information and all that you find on the Website are furnished to you “as is” and without guarantee of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.

5.2 We do not guarantee that our Website or its content will correspond to your expectations or that it will be un‑interrupted, timely, secure and free of error.

5.4 Any advice or information, be it oral or written, obtained from us shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability

6.1 You access, use, browse and navigate our Website at your own risk and peril.

6.2 You recognise and accept that, to the fullest extent permitted by applicable regulations, neither Mary Donald, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the possibility of such damage was known or could have been known by Mary Donald), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or their content.

6.3 All materials which are downloaded or obtained by any other manner during the use of our Website are at your own risk and peril. We assume no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from our Website or for any illegal intrusion or intervention in the IT systems.

6.4 We reserve the right to interrupt or discontinue any or all of the functionality of our Website. We accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of por Website resulting from our actions or omissions or any third party.

7. Change of Information

The content of our Website may contain inaccuracies or errors. We reserve the right to make changes, corrections and/or improvements to such content any time without prior notice but do not assume any responsibility to do so.

8. Availability of Products

A reference to a Mary Donald artwork on the Website does not imply that such artwork is or will be available.

9. Links

9.1 As a service to our visitors, our Website may contain hypertext links leading to other Websites that are not operated or controlled by us. We are not responsible for these sites and we decline all responsibility and liability in relation to their content, legality, accuracy or functions.

9.2 The creation of any hyperlink to our Website is prohibited without our prior written consent.

10. Miscellaneous

10.1 The present Terms of Use embody the entire agreement concluded between Mary Donald and yourself concerning the access and the use of the Website and its content. Any other terms or conditions issued by us and governing our relations with you, in particular The General Conditions of Sales (which will come into force if you register with us or buy our artwork), shall supplement these Terms of Use; in the event of any inconsistency between them, the General Conditions of Sales shall prevail over these Terms of Use.

10.2 The fact that we do not enforce a right attributed to us shall not be construed as a waiver by us to invoke and enforce our rights.

10.3 In the event that any provision of the Terms of Use are considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as deleted, all other provisions of the Terms of Use maintaining full force and effect between yourself and Mary Donald.