Terms and Conditions

 

 

Terms of Use

The website https://www.donohoefinearts.com/ (“Site”) is owned and controlled by Donohoe Fine Arts, LLC (“Donohoe Fine Arts”, “we”, “us” or “our”). These Terms of Use (“Terms”) describe the legally binding terms and conditions for your use of our Site. By using our Site, you agree to abide by these Terms. We reserve the right to change these Terms at any time, with such changes becoming effective immediately upon posting on the Site. These Terms should be read in conjunction with our Privacy Policy. [Cindy – use internal link here]

 

Our Content

All materials and content on this Site, including, without limitation, Site design, text, images, graphics, photographs, artwork, logos, software, and other copyrightable elements, and the selection, compilation and arrangement thereof (“Content”) are provided by us or our licensors and are the sole property of Donohoe Fine Arts or its licensors, protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting you any license or right to download or use our Content.

 

You agree not to copy, download, display or use any Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of Donohoe Fine Arts. You agree not to use the Content in any other manner that constitutes appropriation of our Content by you, is likely to cause confusion among consumers, that disparages or discredits us and/or our licensors or that infringes anyone’s intellectual property rights.

 

Equitable Relief

You acknowledge that a breach of any proprietary rights described in these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

 

Indemnification

You agree to indemnify and hold us, our members, officers, assigns, licensors, or agents, harmless from any demands, losses, liabilities, claims, or expenses (including attorney’s fees), arising out of any breach or violation by you of these Terms or relating to your use of the Site.

 

Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of your use of the Site or its Content, our liability to you shall in no event exceed $100.

 

Applicable Law

This Agreement will be governed and construed in the courts with the laws of the Commonwealth of Virginia and to the extent applicable, of the United States of America, without giving effect to its conflict of laws provisions. You hereby submit, through use of the Site, to the exclusive jurisdiction of the courts of the Commonwealth of Virginia and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this Site.