Terms and Conditions of Use (of Website)

You must not use the MirandaThomasFineArt.com website, if you object to any of the following terms, or you are not authorized to agree to the Terms, or you do not have the legal capacity to agree to the Terms.

Please read the following statement carefully and check back periodically to review as additions, changes, deletions, or modifications may occur from time to time and without notice.

The following constitutes the terms and conditions of your use of this website and its affiliate sites in any manner whatsoever.

1.0 Introduction

Welcome to the registered domain MirandaThomasFineArt.com website (“Site”), owned and operated by Miranda E. Thomas (“Artist,” “Owner”). The terms “you,” “yours,” and “user,” refers to you. By using the Site, you agree you are bound by these Terms and Conditions of Use (“Terms”), whether or not you are a customer of the Artist. The term “Content” refers to any information, documents or other material available via the Site. The term “Product” refers to products and services available for purchase via the Site.

2.0 Acceptance of Terms

By using the Site, you expressly accept all Terms contained herein in full. The Terms sets out your legal use of the Site and also include a Privacy Policy, a Copyright Notice, and any notices regarding the Site, contained or referenced herein; and you consent to have the Terms provided to you in electronic form.

The Terms are subject to change at any time, effective upon posting on the Site, and your use of any portion of the Site after such posting will constitute acceptance by you of such changes.

3.0 Conditions of Eligibility

You agree that in order to use the Site, you must be at least eighteen (18) years of age or older. By using the Site, you represent and warrant that you have the right, authority, and capacity to abide by all of the Terms. You acknowledge there are personal and financial risks inherent in using internet to interact with unknown entities.

4.0 Limited License and Permitted Site Use

The Site is protected by copyright, trade secret, and other Intellectual Property (“IP”) laws. You are granted only the right of using the Site; the Owner reserves all rights of ownership, not granted to you in writing here. As long as you meet any applicable obligations and comply with the Terms, Owner grants to you a personal, limited, non-exclusive, non-transferable right to use the Site, only for the purposes described in herein:

(a) to access and use the Site strictly in accordance with the Terms;
(b) to use the Site solely for personal, educational, and non-commercial purposes;
(c) to print information from the Site solely for internal, personal, educational, non-commercial purposes and provided that you maintain all copyright and other policies contained therein;
(d) to purchase Products.

5.0 Site Use Restrictions

5.1 Much of the Content can be accessed for free. In exchange for free access you agree not use the Site in a way to:

(a) gather or transmit information for: (1) non-educational purposes, (2) unsolicited commercial email, (3) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing, (4) unsolicited telephone calls or facsimile transmissions, (5) violate any state, county or federal law regulating email, facsimile transmissions or telephone solicitations;
(b) publish any Content or its likeness, in any media, without contribution, and backlink to this Site;
(c) sell, sub-licensing or otherwise commercialize the Site and/or Content;
(d) cause or may cause harm to the Site or to any person or business entity;
(e) cause or may cause harm to the reputation of the Artist;
(f) violate applicable laws and regulations;
(g) data mine, data harvest, data extract or any other similar activity;
(h) advertise or market;
(i) impersonate any person or entity;
(j) stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
(k) collect, harvest or store personal data about other users, including email addresses or contact members for any purpose other than responding to the content posted by such members;
(l) express or imply that any statements you make are endorsed by Owner without her express prior written consent;
(m) use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site;
(n) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or its services;
(o) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so;
(p) remove, or allow a third party to remove, modify, or copy any part of the Content for your personal or business use or that of another person’s personal or business use.

5.2 Certain areas of the Site are restricted from your access, and Owner may, in her sole discretion, further restrict your access to any areas, at any time and without notice.

5.3 Any login ID and password credentials you may have for the Site are confidential; you must maintain and are solely responsible for your credential’s confidentiality.

5.4 No print or electronic version of any part of the Site or Contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6.0 Links to Other (third-party) Websites

The Site may contain links to other websites. In regard to any linked website, Owner does not approve, endorse, or bear responsibility for any third-party website materials or opinions; nor for investigating, monitoring, checking accuracy, and/or completeness. If you decide to leave the Site and access other websites, you do so at your own risk.

7.0 Advertisers and Sponsors

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring the material submitted for inclusion on the Site is accurate and complies with applicable laws. Owner is not responsible for any illegality, error, inaccuracy or problem within the advertiser’s or sponsor’s materials.

8.0 Site Features, Functionality, and Content

8.1 Owner does not represent or warrant any feature, functionality or Content will be: (a) error-free, free of viruses or other harmful components, or that defects will be corrected; and (b) accurate, complete, timely, reliable or useful.

8.2 Owner may make changes to the Site at any time and without notice. Owner does not pre-screen Site and may, in her sole discretion, edit, refuse or remove any feature, functionality or Content. Owner has no obligation to, remove Content and accounts containing, in her sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable or violating any party’s intellectual property or these Terms.

8.3 Opinions, advice, statements, offers, or other Content available via the Site, but not directly by Owner, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. Owner does not represent or warrant of any information on the Site, will be: (a) accurate, complete, timely, reliable or useful, or that defects will be corrected; and (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Owner or her affiliates be responsible for any loss or damage resulting from your reliance on information or other materials available via the Site or transmitted to or by any user.

8.4 You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Owner or her service providers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us or our service providers.

9.0 User Generated Content (UGC) Authorization and Restrictions

9.1 You represent and warrant that you are an owner or authorized licensee of any UGC provided by you to the Site, and you hereby grant to Owner and her service providers a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such UGC you choose to display on Site.

9.2 When you post comments, suggestions, ideas, information, questions, etc., the following UGC is restricted: (a) illegal, adult content, nudity, obscene language; (b) encouraging or promoting intolerance or discrimination of, or towards people or peoples of any race, color, sex, gender identity, sexual orientation, disability, nationality, creed or religion; (c) advocating, encouraging or practicing the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged; (d) obscene, threatening, defamatory, invasive of privacy, infringing of IP rights, or otherwise injurious to third parties or objectionable; (e) depicting or encouraging the harming of animals; (f) contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

When you provide Personal Identifiable Information (PII) to the Site, you agree that it will be true and accurate. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of other content.

9.3 Owner reserves the right, but not the obligation to monitor, edit or remove any UGC. Owner may not regularly review UGC and bears no responsibility and assumes no liability for any UGC posted by you or any third party.

10.0 Copyright and Service Marks

The materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary, including but not limited to IP rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except express permission given by Artist in writing, is strictly prohibited. “Miranda Thomas Fine Art,” “Miranda Thomas Artist,” and others are service marks or registered service marks or trademarks. Other product and trade names mentioned on the Site may be trademarks of their respective owners.

11.0 Non-transferable Rights

Your right to use the Site is not transferable, re-sellable or assignable. Any password or right given to you to obtain information or other Content is not transferable, re-sellable or assignable.

12.0 Unlawful Activity

Owner reserves the right to investigate complaints or reported violations of the Terms and to take any action she deems appropriate, including but not limited to reporting suspected unlawful activity to appropriate law enforcement and disclosing any information that may be required by such entities.

13.0 Indemnification

You agree to indemnify and hold Owner, her subsidiaries, affiliates, managers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth above.

14.0 Disclaimers

You expressly understand and agree that your use of the Site is at your sole risk. Information, Content and/or Products you access via the Site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

Without prejudice to the generality above, Owner, including her service providers and agents, will not warrant that any information accessible via the Site will be (a) true, accurate, complete, current, and adequate; (b) valid, reliable, and legitimate; (c) meeting your expectations or specific requirement; (d) uninterrupted, timely, secure or error-free.

Owner will not be involved in any user interaction, in any event. Owner is not responsible for any direct, indirect, incidental, consequential, general, special, compensatory, foreseeable or unforeseeable disputes, claims, loss, injury or damage that might arise from subscription, registration, use of the Site, or user interaction.

No advice or information, whether oral or written, obtained via the Site will create any warranty, representation or guarantee not expressly stated in the Terms.

Owner makes reasonable efforts to maintain the Site, however, she and her service providers are not responsible for any damage, loss of data, user information or data, revenue, or other harm to business arising out of delays, non-availability, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Site, or interaction with a user.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

15.0 Limitation of Liability

In no event will Owner, including her service providers, affiliates, agents, and employees, be liable to you (or any third party) for anything arising out of or in any way related to your use of the Site, whether such liability is under contract, tort or otherwise, and will not be liable for any indirect, consequential or special liability, including lost profits, even if Owner has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, any liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount, if any, that has been paid by you to Owner for a Product.

16.0 Other Policies

17.0 Legal Compliance

Recognizing the global nature of the Internet, Owner does not represent that information provided will pertain to countries outside of the United States. You agree to comply with all applicable local, domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site, online conduct, and acceptable content.

18.0 Entirety of Terms

The Terms, including any legal notices and disclaimers contained in the Terms, constitute the entire agreement between the Owner and you, and supersede all prior agreements and understandings.

19.0 Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Florida, in Manatee County, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Tampa, Florida for the resolution of any disputes.

20.0 Effective Date

These Terms became effective 1 January 2023.

21.0 Questions

For concerns or questions regarding these Terms, or problems with the Site, email Miranda at miranda@MirandaThomasFineArt.com.