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MRK Fine Arts Terms of Use

Dear MRKStyle Reader,

We try our best to do the right, ethical and legal thing in bringing you this site, and we hope you do the right thing back when you read our site and share our content. All we ask is that you give us credit where appropriate and don't edit our content. If we've made an error, please let us know. You can reach us at info@finaeartoffamily.com.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

1. General Terms And Conditions

The web site located at www.thefineartoffamily.com (collectively, the "Web site" or the "Service") is provided by MRK Media Arts LLC (Publisher), for your personal, non-commercial enjoyment, subject to the following terms and conditions of use and all modifications thereto. By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. Publisher reserves the right, at its sole discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Web site. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

2. Privacy Policy

Information about you is subject to our Privacy Policy available at HYPERLINK "http://www.coolhunting.com/privacy" http://www.mrkstyle.com/privacy.

3. Copyrights

The contents of the Web site are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the Web site without the prior written consent of Publisher, except that you may download material from this Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any other use of the content of the Web site requires prior written permission from Publisher. For permission requests, contact Publisher at info@finaeartoffamily.com.

4. Trademarks

FINE ART OF FAMILY and MONICA RICH KOSANN are trademarks of the Publisher. All rights reserved. You may not use any Publisher trademarks, logos or graphics without prior written consent of Publisher.

5. Framing

Publisher does not allow framing of any portion of the Web site.

6. Links to the Web Site

Publisher encourages and permits links to content on the Web site. However, any linking to the Web site does not (a) suggest that Publisher promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use the content of the Web site for inappropriate commercial purposes. Publisher reserves the right to withdraw permission of any such link to the Web site at sole discretion of Publisher at any time.

7. Links to Third Party Sites

The Web site will often provide links to Internet sites maintained by third parties, over which Publisher has no control. Publisher does not endorse the content, operators, products or services of such sites, and Publisher is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such third party sites. You should direct any concerns to that site's administrator or webmaster. Publisher reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the third party sites and/or to introduce different features or links to different users.

8. Use of the Service

If you use the Service, including by participation in Discussion Boards or by submission of content, you agree to follow a few simple rules:

You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and/or registration form. You may not post, upload or transmit any messages or materials under a false name or a false email address.

You may not post, upload or transmit any messages or materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of  religion, gender, sexual orientation, race, ethnicity, age, or disability; or otherwise deemed inappropriate in the sole discretion of Publisher. Publisher may delete any post that it deems inappropriate without warning. In the case of repeated offenses, Publisher retains the right to terminate your posting privileges.

You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.

If Publisher determines that removal of posted material or other content is necessary, Publisher will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.

The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services. You cannot harvest, collect or store information about the users of the Web site or the content posted by others on the Web site or use such information for any purpose inconsistent with the purpose of the Web site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device.

By posting, uploading or transmitting any material on or through the Service, you hereby grant Publisher a non-exclusive, perpetual, royalty-free, worldwide license to use such material in all media, whether or not now known, including the distribution of such material via the Web site or other distribution means, such as email distribution or other forms of electronic distribution including twitter.com, facebook.com and/or other social networks. You acknowledge and agree that Publisher may store and preserve such material and may also disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that such material violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Publisher, its users or the public. You agree that the technical processing and transmission of the Web site may involve (a) transmissions over various networks; and (b) changes to such material in order to conform and adapt to technical requirements of connecting networks or devices.

You agree that Publisher is not responsible or liable for any materials posted, uploaded or transmitted on or through the Service. You agree that Publisher cannot verify the accuracy of statements that users post or upload on Discussion Boards or transmit on or through the Service, and that Publisher does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Use.

You agree to immediately notify Publisher of any unauthorized use of the Service that you know or suspect.

Publisher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Publisher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge and agree that any or all content on the Web site may be purged periodically at sole discretion of Publisher. You further acknowledge and agree that the views expressed on the Web site do not necessarily reflect the views of Publisher, and Publisher does not support or endorse any material on the Web site, whether it be edited by Publisher or its designee, presented on the Web site unedited in whole or in part, or posted or submitted by you or any other user.

You acknowledge and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Publisher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

You acknowledge and agree that the Web site is not intended for use by children under thirteen (13) years of age, and Publisher does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Publisher may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Publisher may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.

By using the Service, you agree to abide by these rules. You acknowledge that Publisher has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that Publisher has the right to limit or terminate access to the Service for any reason, including violation of these Terms of Use.

9. Representations; Indemnity

You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Publisher and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on or through the Service, or (4) Publisher's publication, distribution or use of such materials.

10. Unsolicited Materials

In operating the Web site, Publisher does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or in any other way. Any information or material submitted or sent to Publisher will be deemed not to be confidential or secret. By submitting or sending information or other material to Publisher, you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth herein.

11. Disclaimer

a.              THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, PUBLISHER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY  DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i)  ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF  THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF  TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE.

b.              THIS DISCLAIMER OF LIABILITYAPPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING  WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION  OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR  TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR  DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF  RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION  OR UNDER ANY OTHER CAUSE OF ACTION.

c.              PUBLISHER DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

d.              PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE.  YOU (RATHER THAN PUBLISHER OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

e.              APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12.      Limitation Of Liability

a.              IN NO EVENT WILL PUBLISER, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES  ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR  INABILITY TO USE THE WEB SITE, EVEN IF MRK MEDIA ARTS LLC OR ITS AGENTS  SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND  REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR  OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.

b.              BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PUBLISHER'S LIABILITY SHALL BE  LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Copyright Agent

Publisher respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Publisher:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

a description of the copyrighted work that you claim has been infringed.

a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

information so that we can contact you, such as address, telephone number and e-mail address.

a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Publisher can be reached at info@finaeartoffamily.com.

14. International Users

The Service is controlled and operated within the United States. Publisher makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

15. Miscellaneous

These terms of use, together with the Privacy Policy represent the entire understanding of the parties regarding the use of the Web site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under Connecticut state law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Connecticut. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

16. Provisions Unenforceable Or Invalid

If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. Third Party Beneficiaries

Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary.

18.     Headings

The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect.

19. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Publisher may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

20. Questions

If you have any questions about the terms of use, please contact Publisher at info@finaeartoffamily.com.