Website Terms of Service

If you require any more information or have any questions about my Terms and Conditions, please feel free to contact me by email.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Mike Efford and/or his licensors own the intellectual property rights published on this website and materials used on www.MikeEfford.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • sell, rent or sub-license material from the website
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, without express written permission
  • edit or otherwise modify any material on the website

Copyright

All artwork and images of, and related to the artworks on this site are owned and copyrighted by Mike Efford and may only be reproduced with written permission.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.MikeEfford.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Mike Efford’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of Mike Efford.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Mike Efford makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mike Efford does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
  • nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Mike Efford retains full ownership of all copyrights pertaining to any images used on this website and the digital wireframe models developed by Mike Efford to create the images. No signed agreement exists transferring or assigning any of Mike Efford’s copyrights, licenses or reproduction rights whatsoever related to images or contained on this website to any other person or company.

Mike Efford will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • for any failure of third party production facilities such as, but not limited to, Fine Art America, to reproduce faithfully and accurately, to your satisfaction, the digital images on this website.

By using this website, you agree that any discrepancy, perceived or demonstrated, between images on this site and final printed products received from such third party production facilities are the sole liability and responsibility of those facilities, and you agree that Mike Efford will not be held responsible for any shortcomings, errors, negligence or failures of those individuals or companies. You agree that once you have left this site, Mike Efford shall not be liable for product quality of any purchased items on any third party site.

These limitations of liability apply even if Mike Efford has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Mike Efford in respect of any:

  • fraud or fraudulent misrepresentation on the part of Mike Efford; or
  • matter which it would be illegal or unlawful for Mike Efford to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Mike Efford has an interest in limiting the personal liability of its  sub-contractors. You agree that you will not bring any claim personally against Mike Efford’s sub-contractors in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mike Efford’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mike Efford.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Mike Efford and undertake to keep Mike Efford indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mike Efford to a third party in settlement of a claim or dispute on the advice of Mike Efford’s legal advisers) incurred or suffered by Mike Efford arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Variation

Mike Efford may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Assignment

Mike Efford may transfer, sub-contract or otherwise deal with Mike Efford’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Mike Efford’s Privacy Policy constitute the entire agreement between you and Mike Efford in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Ontario, Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the laws of Ontario, Canada.

You can contact www.MikeEfford.com by email.