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Terms of Use

Terms of Use

This web page represents the Terms of Use and Sale ("Agreement") regarding my website, located at MyGraciousArt.com, and the tools I provided (the "Website" or the "Service"). It was last posted on 23 September 2019. The terms, "I" and "my" as used in this Agreement refer to MyGraciousArt.

I may amend this Agreement at any time by posting the amended terms on my Website. I may or may not post notices on the homepage of my Website when such changes occur.

I refer to this Agreement, our Privacy Policy accessible at https://mygraciousart.com/privacy-policy/, and any other terms, rules, or guidelines on my Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access my Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

MyGraciousArt grants you a non-exclusive, non-transferable, revocable license to access and use my Website in order for you to make purchases of electronic documents and related services through my Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of my Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by MyGraciousArt. My Website as a whole is protected by copyright and trade dress. Nothing on my Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on my Website, without the prior written permission of the Intellectual Property owner. MyGraciousArt aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of MyGraciousArt, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on my Website, without prior, written permission from MyGraciousArt. MyGraciousArt prohibits use of any logo of MyGraciousArt or any of its affiliates as part of a link to or from any Website unless MyGraciousArt approves such link in advance and in writing. Fair use of MyGraciousArt’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in my Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

My Website may contain links to Websites owned or operated by parties other than MyGraciousArt. Such links are provided for your reference only. MyGraciousArt does not monitor or control outside Websites and is not responsible for their content. MyGraciousArt’s inclusion of links to an outside Website does not imply any endorsement of the material on my Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does MyGraciousArt’ inclusion of the links imply that MyGraciousArt is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on my Website are made at such times as MyGraciousArt determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. MyGraciousArt does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN MY WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

No Warranties; Exclusion of Liability; Indemnification

MY WEBSITE IS OPERATED BY MyGraciousArt ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MyGraciousArt SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR MY WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. MyGraciousArt SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF MY WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH MY WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH MY WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH MY WEBSITE. YOUR USE OF MY WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER MyGraciousArt OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MY WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH MY WEBSITE, THE DELAY OR INABILITY TO USE MY WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH MY WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL MyGraciousArt’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO MyGraciousArt FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, MyGraciousArt DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT MY WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. MyGraciousArt AND THE RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH MY WEBSITE.

MyGraciousArt MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold MyGraciousArt harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of my Website or any Contracts or Services you purchase through it.

 

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