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 through my contact form.
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
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.
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.
- 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.
Access to certain areas of this website may be restricted. Mike Efford reserves the right to restrict access to certain areas of this website, or at his discretion, this entire website. Mike Efford may change or modify this policy without notice.
If www.MikeEfford.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
Mike Efford may disable any user ID and password at Mike Efford’s sole discretion without notice or explanation.
In these terms and conditions, “user content” means material (including without limitation text, comments, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Mike Efford a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute user content in any existing or future media. You also grant to Mike Efford the right to sub-license these rights, and the right to bring an action for infringement of these rights.
User content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mike Efford or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mike Efford reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.MikeEfford.com, or hosted or published upon this website.
In relation to user content, Mike Efford does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
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.
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.
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.
You accept that Mike Efford has an interest in limiting the personal liability of its officers employees and sub-contractors. You agree that you will not bring any claim personally against Mike Efford’s officers or employees 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.
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.
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.
Breaches of these terms and conditions
Without prejudice to Mike Efford’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Mike Efford may take such action as he deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.
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.
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.
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.
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 using the contact form on the contacts page of this website.