Terms

Michael McClelland (ABN 80 229 357 101) (also referred to in these terms as ‘we’, ‘us’ and ‘our’) provides this website, www.michaelmcclelland.com.au (the Website), for the purpose of providing information and, on occasion, selling artworks and/or other related products and services.

By accessing the website, you accept these Terms of Service, our Privacy Policy and our Shipping and Returns Policy (together, the Terms) without limitation or qualification. If you do not wish to be bound by these Terms, please refrain from further use of the website.

All Content is Protected by Copyright Laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions as well. We retain all rights we may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, Michael McClelland. Michael McClelland expressly prohibits the copying of any protected materials on the Website.

Commercial Use is Restricted

Unauthorised publication or exploitation of Michael McClelland’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any other purpose must request and receive prior written permission. All requests to reproduce content from the Website should be made to art.michaelmcclelland@gmail.com.

Reservation of Rights

All rights not expressly granted by Michael McClelland in these Terms are specifically and completely reserved. Nothing on the Website or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or licence to use any content or property of any third party, or may be construed to mean that Michael McClelland has authority to grant any right or licence on behalf of any third party.

Links to Third-Party Websites

Michael McClelland has not reviewed all the websites or services linked to or from the Website. We provide these links as a convenience and linking to any third-party websites or services is at the user's own risk. A link does not imply endorsement or affiliation with the linked website by Michael McClelland.

Disclaimer

Michael McClelland provides the website on an ‘as is’ basis. Your use of the website or its contents is at your own risk. Michael McClelland disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright or trademark ownership and/or noninfringement of copyrights or other third party proprietary rights.

Michael McClelland does not warrant that the website will provide continuous, prompt, secure, or error-free service. Michael McClelland makes reasonable, ongoing efforts to revise and update the website, but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the website. Michael McClelland assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property arising from your use of the website.

Limitation of liability

Neither Michael McClelland, our affiliates, directors, officers, employees nor agents will have any liability for any damages, including, without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if Michael McClelland has been advised of the possibility of such damages) arising from or related to your use of the website and/or its contents.

Indemnification

By using the Website in any manner, you represent and warrant that your use will be consistent with its Terms. You agree to indemnify, defend, and hold Michael McClelland, our affiliates, directors, officers, employees and agents harmless from all claims, causes, costs, expenses, fees (including reasonable lawyers’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website.

Modifications

We may revise these Terms at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.