UPDATED 2.15.21

ACCEPTANCE OF TERMS

Kate McGilsky (“Company” “McGilsky.com” or “www.mcgilsky.com”), which owns and operates www.mcgilsky.com, and you enter into this agreement subject to the following Terms of Use, as well as the terms set forth in our PRIVACY POLICY (together, the “Terms”). The Terms govern your contractual relationship with McGilsky.com, including but not limited to your use of Kate McGilsky’s website, www.mcgilsky.com (“Website” or “McGilsky.com”), as well as your use of the Services and Products (defined below), if any. They create legally binding obligations, and you should review them carefully before accessing the Website or using any of the Services or Products. If you are accessing the Website on behalf of a company or other entity, you personally represent and warrant that you are authorized to bind such entity to the provisions hereof. If you do not agree to the Terms, you may not access the Website. The Terms may be revised from time to time with or without notice, and the then-current version of the Terms will apply to any future transaction, action, or omission of you or the Company. Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using McGilsky.com.  Your access to and use McGilsky.com is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Service.  By accessing or using the Service, you agree to be bound by these Terms.  If you disagree with any part of the terms then you do not have permission to access the Service or McGilsky.com or www.mcgilsky.com.

 

PURCHASES

If you wish to purchase any goods or products made available through McGilsky.com (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, honest, correct and complete.  The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases (Etsy.com, PayPal.com, Square.com, Threadless.com). By submitting your information, you grant McGilsky.com the right to provide the information to these third parties subject to our PRIVACY POLICY.

 

McGilsky.com reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons (fraudulent cause based reasons/canceled credit cards/etc.).  McGilsky.com reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You will be prosecuted per the law in any situation that is decided by state and Federal law should you be found guilty in fraudulent issues. 

 

AVAILABILITY, ERRORS, AND INACCURACIES

McGilsky.com will update product and service offerings on the SHOP page/Service. The site may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be miss-priced, described inaccurately, or unavailable on the Service and McGilsky.com cannot guarantee the accuracy or completeness of any information found on the Service or with the parties affiliated with the hosting, domain support and checkout interfaces including (but limited to) PayPal shopping cart, square shopping cart, and Wix.com interface for the STORE which McGilsky.com implements to offer goods on this website. This may also include Etsy.com + Threadless.com. Therefore, McGilsky.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

TERMINATION

McGilsky.com may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 


 

COMMUNICATIONS

When you visit McGilsky.com or send an e-mails to Kate at kate@mcgilsky.com, you are communicating with us electronically. This also includes when you use the CONTACT form on this site to email Kate McGilsky. That CONTACT form (located on the McGilsky ABOUT page) is created and hosted through wix.com (you can contact them at www.wix.com for any concerns you might have regarding their electronic contact forms). 

 

By using McGilsky.com you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any comments, materials, or letters sent by you to McGilsky.com, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), may be deemed by Company to be non-confidential and free of any claims of proprietary or personal rights. Company shall have no obligation of any kind with respect to such Received Materials and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.

 


 

DESCRIPTION OF SERVICES AND PRODUCTS

McGilsky.com may provide users with a collection of services through the McGilsky.com website, which may include sharing features, chat features, message boards, polls, and surveys (collectively and individually, the “Services”). At this time, these options are NOT offered on McGilsky.com.  McGilsky.com may also now or in the future sell apparel and other items for personal use ONLY (“Products”).  You are not allowed to re-sell any items you purchase from Kate McGilsky to be labeled under a picture or item you created, nor as re-sale under Kate McGilsky.  For purposes of clarity, the term “Services” includes all functionality made available through the Website, including any help desk system, connectivity API’s, and related support services, as well as any new features which augment or enhance the current Services and the release of new features or Products. Company reserves the right at any time to change or discontinue the Services or the sale of any Products with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services or Products.   You are responsible for any taxes imposed on the sale or use of Services or Products and applicable taxes may be added to the amount charged for Services or Products purchased on the Website. 

 

ACCESS TO THE WEBSITE
You are responsible for obtaining access to the Services, which may require transacting with third parties (Square.com, PayPal.com, Etsy.com, Threadless.com), and also includes internet providers, including any fees related thereto. This also includes accessing McGilsky.com mobile application.  You may incur fees from your phone provider if you do not have proper data usage and access McGilsky.com using your data, you will incur charges.  McGilsky.com is not liable for any personal fees you incur for over-usage of your data on restricted phone plans or any other type of mobile phone plan you have with your phone and your phone internet provider. This also applies to those using paid WiFi and free Wifi or hotspots. McGilsky.com always recommends that users use a protected and trusted network to perform any on-line shopping or accessing any network that is not trusted that has the potential to phish or steal your information from your computer, tablet, or phone. Public WiFi and hotspots are typically on untrusted networks and are more liable for fraudulent issues. Due to that, McGilsky.com is not liable for any fraudulent charges/issues you experience due to supplying credit card information, personal information on an untrusted network or any network as no web transactions are fully 100% safe. When you purchase anything from McGilsky.com or it’s subsidiary websites you are taking full responsibility of purchasing over the internet and McGilsky.com is not liable for anything you incur due to the choice.  By visiting this site and purchasing from McGilsky.com you are acknowledging Kate McGilsky or McGilsky.com is not liable and will not be held accountable for any use of your choice purchasing from this website or Threadless.com or Etsy.com.

 

INTELLECTUAL PROPERTY
The Service and original content, features and functionality are and will remain the exclusive property of McGilsky.com and its licensors, Kate McGilsky or Katharine McGilsky. The Service, and all of the images, logos, designs, and visually displayed items are fully protected by copyright, trademark, and other laws of both the United States and foreign countries. These trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kate McGilsky or WWW.MCGILSKY.COM.

 

LICENSE AND SITE ACCESS
McGilsky.com hereby grants you, subject to the Terms, a limited non-exclusive, non-sublicensable, non-transferable, license to use the Website and Services.

1. You may not download any portion of the Website or use of any Services for your own personal use or any commercial or re-sell use. This includes all pictures and artwork in which Kate McGilsky has created or displayed on this site as they are her sole proprietorship and fall under Copyright images.

2. You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the Services for any commercial purpose or personal use.


3. You may not use any of the trademarks, logos, or other proprietary graphics without express written permission, which may be denied in Kate McGilsky’s absolute discretion. McGilsky.com’s logos, products, images, pictures and service names are trademarks of Kate McGilsky and McGilsky.com. If you wish to use or share any of the photos or artwork on this website on social media, you must contact Kate to let her know you are doing so. All other trademarks appearing on the Website or in connection with the Products or Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made (this includes: PayPal, Square, Instagram, Facebook, etc).
 

4. You may not attempt to disassemble, decompile, reverse engineer, or otherwise modify or attempt to access the software, related code, or any portion of the Services. 
 

5. You may not use any of the Products in any manner to create any similar items that may compete with the sale of the Products.  This also means you may not re-create any of the images or logos on this website as they belong to Kate McGilsky as copyrighted products. If you would like to share these images or download them for personal use you may email Kate for any questions: kate@mcgilsky.com.

 

YOUR ACCOUNT AND DATA
At this time, McGilsky.com does not offer any services regarding accounts for users.  If you chose to visit Facebook.com or McGilsky’s Instagram, TikTok or Pinterest account, please know that those sites might collect your data and that falls under their jurisdiction, not McGilsky.com's jurisdiction.

LINKS
McGilsky.com may provide links to other websites or resources including Facebook, Instagram, PayPal, Pinterest, Square, and others. Because McGilsky.com has no control over such sites and resources, you acknowledge and agree that Kate McGilslky or McGilsky.com is not responsible for the availability or content of such external sites or resources.  McGilsky.com may contain links to third party web sites or services that are not owned or controlled by McGilsky.com.  McGilskly.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.  

You acknowledge and agree that McGilsky.com 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, goods or services available on or through any such third party web sites or services.  McGilsky.com strongly advises you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 


 

COPYRIGHT and TITLE
The Services, Products, and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of Kate McGilsky and McGilsky.com, this includes but not limited to: all images, photos, prints, logos, design pictures, paintings, words; regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Terms confer title of ownership to all of the images and designs are Kate McGilsky’s and belong to her, and to McGilsky.com. The rights to any images are NOT sold as rights in the Services or Products either including any intellectual property rights related thereto.  This means, should you purchase a print, you are NOT allowed to re-create that image or re-print it for any other reason to sell off or print more versions for your personal use or commercial use.  Any use of that you are liable for financial repercussions by Kate McGilsky and her Attorneys at Law.  You agree to be bound by the provisions of our TERMS + our PRIVACY POLICY with respect to Copyright by accessing this website.

 



 

PRODUCT WARRANTY
McGilsky.com agrees that, at the time of delivery to you, the Products will conform in all material respects to the specifications posted on the Website relative to such Products and any express warranty made on the Website.  You may find out how our prints are shipped, stored, packaged, photographed and inspected before shipping in our REFUNDS + RETURNS page.  You acknowledge and agree that Company is not responsible for damage or loss caused by your use of the Products or Services.  See our RETURNS + REFUNDS page for more information on product Returns and Refunds. Company is also not responsible for damage done by repeated use of the Products that causes damage or loss over time.  In addition to this provision, please note the other warranty disclaimers and provisions below.

DISCLAIMER OF WARRANTY
MCGILSKY.COM and it’s SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE PRODUCTS, WEBSITE, THE SERVICES, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, AND YOU AGREE TO HOLD COMPANY FROM AND AGAINST ANY SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, MCGILSKY.COM or KATE MCGILSKY or KATHARINE MCGILSKY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee. Any warranties made in the Terms are for your benefit only.

Your use of the Service that is available and sold through Kate McGilsky/Katharine McGilsky or McGilsky.com is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant-ability, for a particular purpose, non-infringement or course of performance.  Please keep all packaging away from children, infants, cats and other animals in house as choking can occur from plastic bags prints may or may not be wrapped in.

LIMITATION ON LIABILITY
IN NO EVENT WILL Kate McGilsky/Katharine McGilsky or www.mcgilsky.com or McGilsky.com, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Kate McGilsky/Katharine McGilsky/McGilsky.com or COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $200.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.  By visiting McGilsky.com or purchasing from McGilsky.com or McGilsky’s Etsy prints or Threadless.com items sold in the Kate McGilsky store you acknowledge your agreement to this document and take full responsibility, not withholding Kate McGilsky to any financial recoupment for any damages you might incur whether financially or physical from visiting this website (this includes fraud charges incurred from purchasing over the internet).

In no event shall Kate McGilsky/Katharine McGilsky/or McGilsky.com, nor its directors, employees, owners, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, direct, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any product purchased from this website; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not McGilsky.com have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

GOVERNING LAW, JURISDICTION, GDPR and CCPA
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Michigan.  Company complies with all applicable laws and regulations.  This may require cooperation with governmental authorities with respect to information we receive from you.  If we believe it is necessary, in our sole discretion, to disclose information about you to law enforcement officials or in connection with a court proceeding, you hereby consent to such disclosure.  In addition, if we believe a disclosure of such information is necessary to protect our property and rights, to protect public safety, or to prevent potentially illegal or unethical conduct, we may disclose certain information, and you consent to such disclosure.   To the extent the General Data Protection Regulation in Europe (“GDPR”) and/or the California Consumer Privacy Act (“CCPA”) apply to Company, Company complies with such laws.  Our commitments in regard to those laws are set forth in our PRIVACY POLICY.

ATTORNEY FEES
In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.  However, if Kate McGilsky, Katharine McGilsky, or McGilsky.com is deemed the losing party, it is also agreed upon that prevailing party will only receive a maximum of $1,000 toward all damages/lawyer fees.


ENTIRE AGREEMENT
The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.

NON-WAIVER
No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.

NO THIRD-PARTY BENEFICIARIES
Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever. Notwithstanding the foregoing, in the event of a dispute between a Service Requester and a Service Provider, these Terms shall be deemed binding on both parties.

 

SEVERABILITY; BINDING EFFECT
If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.

FORCE MAJEURE
Kate McGilsky or Katharine McGilsky or McGilsky.com will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.  Other questions in these areas may be answered in our PRIVACY POLICY page as well.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

INDEMNIFICATION
1. You agree to defend, indemnify and hold harmless WWW.MCGILSKY.COM | Kate McGilsky | Katharine McGilsky and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, b) a breach of these Terms. 
 

2. You agree to defend, indemnify and hold Company/Kate McGilsky/Katharine McGilsky/www.mcgilsky.com harmless from and against any cost, expense, fee, judgment, ruling, allegation, governmental action, or claim, including attorney fees, related to (1) a claim brought by a third party that your use of the Services, any community features or any community content you provide infringes upon the intellectual property rights of any third party; (2) a claim brought by a third party that your use of the Services, any community features or any community content you provide constitutes libel or slander, or any other tort; or (3) a claim by a third party related to your use of any Product. 
 

3. You agree never to sue Company, Kate McGilsky, Katharine McGilsky or any employees of WWW.MCGILSKY.COM or McGilsky.com for any reason.  Kate McGilsky/Katharine McGilslky is not held liable for any results of injuries or losses, whether physically or electronically or emotionally, due to a sale from this website (www.mcgilsky.com) or your visit to this website.


LINKING POLICY 
You may create a link to the Website so long as the link does not portray Company or its Products or Services in a false, misleading, derogatory, otherwise offensive manner. You agree to remove any link if requested by Company, in its sole and absolute discretion, and you may not charge to remove such link. If you fail to move such link immediately, you agree to be responsible for Company’s attorney fees and court costs expended in enforcing this provision.  You may not use any of Company’s logos, trademarks, or other proprietary graphics as part of your link unless you have notified Kate McGilsky / www.mcgilsky.com that you have used that image.  If you do use an image created by Kate McGilsky or taken off this website for your personal use to use or to resell, you agree to financial repercussions as determined by Kate McGilsky and her Attorney as you have committed fraud/theft in stealing images created by Kate McGilsky/Katharine McGilsky/McGilsky.com.

 

IMAGE POLICY 

No image, design, or logo presented on this website may be reproduced or re-created as they are all copyrighted by Kate McGilsky and are her sole creation and ownership of item.  No image, logo, item may be reproduced or re-printed for your personal use or for commercial use.  If you are found guilty of theft of images or re-selling, you assume full legal repercussions of due to stealing image and are binded by the policy information on this page and on McGilsky.com PRIVACY POLICY.

 

CHANGES
Kate McGilsky/www.mcgilsky.com deserves the right, at it's sole discretion, to modify or replace these Terms at any time. If a revision is material www.mcgilsky.com will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at www.mcgilsky’s sole discretion.  By continuing to access or use this site's Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Social Media
By tagging @kmcgilsky or @katemcgilsky on either Instagram or Facebook or TikTok or Pinterest or any other social media page in an image or the use of #mcgilsky or #katemcgilsky or #kmcgilsky you are granting McGilsky.com or/and Kate McGilsky the right to view, comment, or make use of the image across ALL social media channels where Kate McGilsky work or images or products created by Katharine/Kate you are required to credit Kate by tagging her page: Facebook + IG + TikTok + Pinterest. Those links are displayed on the social section of this website.

 

EFFECTIVE DATE

This TERM PAGE was last modified 2.15.21

CONTACT INFORMATION

If you have any questions or comments about this TERMS policy, you can contact us at:

MCGILSKY TERMS DIRECTOR
2886 12 Mile Rd.
Unit #725114
Berkley, MI 48072
(734) 508 – 2726
info@mcgilsky.com

2886 12 Mile Rd. Unit #725114 Berkley, MI 48072 | kate@mcgilsky.com | (734) 508-2726

2021 ACCESSIBILITY STATEMENT - If you are using a screen-reader and are having problems using this website, please call: (734) 508-2726

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