2019 ACCESSIBILITY STATEMENT - If you are using a screen-reader and are having problems using this website, please email us at kate@mcgilsky.com

© 2019 KATHARINE MCGILSKY ALL IMAGES + RIGHTS RESERVED

TERMS + CONDITIONS

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.mcgilsky.com website (the “Service”) operated by Katharine McGilsky (“www.mcgilsky.com”, "this site").  

 

Your access to and use of the Service 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.

 

Purchases:

If you wish to purchase any product or service made available through the Service (“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. By submitting your information, you grant www.mcgilsky.com the right to provide the information to these third parties subject to our Privacy Policy (see www.mcgilsky.com's Privacy Policy here: www.mcgilsky.com/privacy).  www.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.  www.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 many that is decided by state and Federal law. 

 

Availability, Errors and Inaccuracies:

www.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 mispriced, described inaccurately, or unavailable on the Service and www.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. Threfore, www.mcgilsky.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Intellectual Property:

The Service and it's original content, features and functionality are and will remain the exclusive property of Katharine McGilsky and its licensors. The Service is 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 www.mcgilsky.com

 

Links To Other Websites:

This Service may contain links to third party web sites or services that are not owned or controlled by Katharine McGilsky.  www.mcgilsky.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 www.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.  www.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.

 

Termination:

www.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.

 

Indemnification:

You agree to defend, indemnify and hold harmless www.mcgilsky.com 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, or b) a breach of these Terms.

 

Limitation of Liability:

In no event shall www.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 conduct or content of any third party on the Service; (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 www.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.

 

Disclaimer:

Your use of the Service (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms) is at your sole risk. The Service (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms)is provided on an “AS IS” and “AS AVAILABLE” basis. The Service (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms) is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability,  for a particular purpose, non-infringement or course of performance.  www.mcgilsky.com it's subsidiaries, affiliates, and it's licensors do not warrant that a) the Service (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms) will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms) is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

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.

 

Governing Law:

These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.  www.mcgilsky.com's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between this site/www.mcgilsky.com regarding its Service, and supersede and replace any prior agreements www.mcgilsky.com might have had between this site regarding the Service.

 

Changes:

www.mcgilsky.com dreserve 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.com'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 (or shopping on www.mcgilsky.com or review or viewing of the website in any and all forms).

 

Social Media:

By tagging @kmcgilsky in an image or the use of #mcgilsky or #mcgilskyart or #mcgilskyphotography or #mcgilskydesign you are granting Katharine McGilsky or/and www.mcgilsky.com the right to view, comment, or make use of the image across ALL social media channels where Katharine McGilsky will be credit (if it's her work) as the respected photographer or will credit the appropriate photographer. 

 

Last updated: 2.6.19 by Katharine McGilsky, sole owner and web developer for www.mcgilsky.com 

 

Contact:

If you have any questions about these Terms, please contact Katharine McGilsky at kate@mcgilsky.com