Terms of Use Agreement
Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on December 13, 2018.
This Terms of Use Agreement sets forth the standards of use of the website www.mra-art.com (the “Site”) operated by Marissa Robin Abendano Art, LLC (“MRA” or “we” or “us”). By using the Site, you (“you,” “your” or “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
MRA is providing User with access to view and buy artwork, other merchandise that may be offered for sale and related materials.
Disclaimer of Warranties.
The Site is provided by MRA on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MRA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. MRA shall have no liability for any interruptions in the use of the Site. MRA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
Limitation of Liability
MRA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MRA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Indemnification
You agree to indemnify and hold MRA, its affiliates, members, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, the violation of this Agreement, or violation of any law by you.
Modifications and Interruption to Site
MRA reserves the right to modify or discontinue the Site with or without notice to the User. MRA shall not be liable to User or any third party should MRA exercise its right to modify or discontinue the Site. User acknowledges and accepts that MRA does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of MRA’s control.
Disclaimer Regarding Accuracy of Third Party Information
While MRA makes every effort to ensure that the information on the Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site by any third parties that are providing their art for sale on the Site. MRA makes no warranties or representations whatsoever with regard to any artwork provided or offered by any third party seller, and you acknowledge that any reliance on representations and warranties provided by any third party seller shall be at your own risk.
Information for Customers (Purchasers of Art on the Site). All Sales are Final.
Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, MRA may collect fees owed using other collection mechanisms.
All sales on the Site are final. No refunds or returns are permitted. If you receive damaged or defective artwork or other merchandise, you must contact MRA within 7 days of your receipt of such artwork or other merchandise. Arrangements will be made for the return of damaged or defective artwork or other merchandise.
Disputes and Governing Jurisdiction of the Courts of New York
The site is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of New York.
Resolution of Disputes
If a dispute arises between you and MRA, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MRA agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MRA must be resolved by a court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.Improperly Filed Claims
All claims you bring against MRA must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, MRA may recover attorneys’ fees and costs up to $1000, provided that MRA has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Restrictions
MRA sells artwork to adults who can purchase with a credit card or other permitted payment method. If you are under the age of 18, you may use the Site with involvement of a parent or guardian. MRA reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to MRA by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of MRA and the appropriate third party, as applicable.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the sites; or
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.
Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MRA or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MRA and protected by U.S. and international copyright laws. All software used on this site is the property of MRA or its software suppliers and protected by United States and international copyright laws.
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notification of Claimed Copyright Infringement
If you believe that any items on the Site infringe your copyright rights, please provide MRA with information as required by Section 512(c) of the U.S. Copyright Act.
MRA ART
2 Main Street, #155 Sag Harbor, NY 11963
E-mail: studio@mra-art.com
Privacy: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the MRA Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information, which is protected by physical as well as technological security devices, in conformity with all laws, rules and regulations. For a complete description of how we use and protect your personal information, see the our MRA Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Botnets
MRA retains the right, at our sole discretion, to terminate any users involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MRA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at MRA’s discretion.
Other Terms: MRA is located at 2 Main Street, #155 Sag Harbor, NY 11963. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
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Marissa Robin Abendano Art, LLC Website Privacy Statement
This document was last updated on December 13, 2018.
Acknowledgement and Acceptance of Terms
Marissa Robin Abendano Art, LLC (“MRA”) is committed to protecting your privacy. This Privacy Statement (“Statement”) sets forth our current privacy practices with regard to the information we collect when you interact with our website. By accessing the website www.mra-art.com (the “Site”), you acknowledge and fully understand this Statement and consent to the information collection and use practices described in this Statement. Other than as expressly set forth in this Statement, nothing in or omitted from this Statement limits MRA’s privacy practices.
Information We Collect and How We Use It
MRA collects certain information from and about its users by, among other things, directly from our web server logs, from users, and with cookies.
Web Server Logs
When you visit the Site, MRA may track information to administer the Site and analyze its usage. Examples of information MRA may track include but are not limited to:
Your Internet protocol address.
The kind of browser or computer you use.
Number of links you click within the Site.
Location from which you accessed the Site.
Date and time of your visit.
Name of your Internet service provider.
Web page you linked to the Site from.
Pages you viewed on the Site.
Use of Cookies
MRA may use Internet cookies to personalize or enhance your user experience. An Internet cookie is typically a small text file that is placed on your hard disk by a web server.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
MRA reserves the right to share Site statistics with partner companies.
You may have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on the Site.
Marketing: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don’t wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in your MRA preferences page or by following the directions provided with the communication or advertisement.
Personal Information from Users
Visitors to the Site may purchase artwork and certain other merchandise on the Site. If you do, MRA will request some personal information such as name, address, e-mail address, telephone number, facsimile number and other relevant information. MRA may also request financial information. If you purchase by credit card, this information may be forwarded to relevant credit card providers. For other types of registrations, MRA will ask for the relevant information. You may also be asked to disclose personal information to MRA so that MRA can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
MRA will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
To fulfill your purchase requests.
To protect MRA from liability as MRA deems appropriate in its sole discretion.
Service providers under contract who help with our business operations (such as fraud investigations, bill collection, and affiliates.)
Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service.)
Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, any user ID history, IP address, fraud complaints, and bidding and listing history.
Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we shall require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)
Without limiting the above, in an effort to respect your privacy and our ability to keep our marketplace free of fraudulent persons, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good-faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Use of Web Beacons or GIF Files
The Site may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow MRA to, among other things, count users who have visited those pages and deliver co-branded services. MRA may include Web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third-party service providers to help determine the effectiveness of advertising campaigns or e-mail communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or e-mails and compile anonymous information in relation to those page views, which in turn enables MRA and our service providers to learn which advertisements and e-mails bring you to the Site and how you use the Site.
Children’s Issues
The Site is not directed to children under 13 years of age and children under 18 years of age may not purchase artwork or other merchandise on the Site without an adult. Children under 18 years of age shall not use the Site to submit any individually identifiable information about themselves.
Changes to This Statement
MRA has the discretion to update this Statement from time to time. When MRA does so, MRA will also revise the “updated” date at the top of this page. MRA encourages you to periodically review this Statement to stay informed about how MRA is helping to protect the personal information MRA collects. Your continued use of the service constitutes your agreement to this Statement and any updates.
Contacting MRA
If you have questions regarding this Statement, its implementation, failure to adhere to this Statement and/or MRA’s general practices, please contact MRA by email at studio@mra-art.com or send your comments to:
MRA ART
Attention: Privacy Statement Personal, 2 Main Street, #155 Sag Harbor, NY 11963
MRA will use whatever efforts it deems appropriate to respond and resolve any problem or question.