TERMS OF USE

Thank you for visiting CynthiaByrnes.com (the “Site”) owned and operated by Cynthia Byrnes Contemporary Art (“CBCA”). Your use of the Site indicates that you have read, understood and agree to these terms of use (“Terms”). If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

USE OF THE SITE

CBCA provides you with access to and use of the Site subject to your compliance with the Terms and the Site’s Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), are our property or that of our artists and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

YOUR ACCOUNT AND ACCESS

The Site is available to users 18 years and older, who are residents of the United States and who have not been suspended or removed by CBCA for any reason. You represent that you are a resident of the United States of America and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content at our sole discretion for any reason at any time including as a result of a violation of these Terms of Use, without notice.

RULES AND LIMITS ON AND MODIFICATIONS TO THE SITE

We reserve the right, for any reason, at our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, artwork, data, text, photographs, graphics, video, messages, project contents or other materials (“Content”), and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

SPECIFIC PROHIBITED USES

The Site may be used only for lawful purposes by individuals and invited collaborators using authorized functionality and services provided by CBCA. You are responsible for your own communications, including the upload, transmission and posting of photographs and elevations for virtual placement and are responsible for the consequences of their posting on or through the Site. CBCA specifically requires all users to agree not to use the Site for any of the following:

a)       Posting any information which is incomplete, false, inaccurate;

b)       Impersonating another person;

c)       Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

d)       Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner the permission of the owner to post it;

e)       Posting material that reveals trade secrets, unless you have the permission of the owner;

f)        Posting material that infringes on any other intellectual property, privacy or publicity right of another;

g)       Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;

h)       Attempting to interfere in any way with the Site’s or CBCA’s networks or network security, or attempting to use the Site’s services to gain unauthorized access to any other computer system.

i)        Abusing the Site’s collaboration feature in any way

j)        Contacting our artists directly

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve and cooperate with law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

a)       Accessing data not intended for you or logging into a server or account which you are not authorized to access;

b)       Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c)       Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

d)       Forging any TCP/IP packet header or any part of the header information in any e-mail or group posting.

USER SUBMITTED CONTENT

You are responsible for any User Content you post to the site. By “User Content” we mean any content you post to the site, which may include comments, uploaded images and elevations, virtual placement and project captions, curating artwork and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. Although user accounts are private and protected by a user name and password, we are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site or share your login information.

If we allow you to upload User Content, you may not:

a)       Provide User Content that you do not have the right to post, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;

b)       Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;

c)       Provide any User Content that contains lies, falsehoods or misrepresentations that could damage CBCA or anyone else;

d)       Provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

e)       Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;

f)        Use meta tags or any other “hidden text” utilizing any of our or our artists, their artworks or trademarks in your User Content; or provide User Content which disparage us or our artists and affiliates.

g)       Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not vouch for the accuracy or the reliability, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

CBCA IS NOT RESPONSIBLE FOR ARTIST SUBMISSIONS AND ARTWORK

Buyers agree that while CBCA endeavors to maintain the accuracy of all information on the site, occasionally errors and omissions do occur.  CBCA is not responsible for and does not make any representations or warranties (express or implied) as to the artworks offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the artworks, the physical condition, size, quality, rarity, importance, medium, provenance or whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling or any other representation or warrantee of any kind or nature.

PRIVACY POLICY; USER INFORMATION

In the course of your use of the Site, you may be asked to provide certain information to us. Our use of any information you provide via the Site shall be governed by our Privacy Policy available at CynthiaByrnes.com. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

COOKIE POLICY

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

  • Account related cookies

    If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

  • Login related cookies

    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

  • Orders processing related cookies

    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

  • Surveys related cookies

    From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

  • Forms related cookies

    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

  • Site preferences cookies

    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

    For more information on Google Analytics cookies, see the official Google Analytics page.

  • As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the CookiePolicyGenerator.com

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

  • By visiting this link: https://www.cynthiabyrnes.com/use-privacy/

INTERNATIONAL USE

We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

PROPRIETARY RIGHTS

CBCA is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features, tools and functions or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features, tools and functions or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by CBCA. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information and functionality on the Site including, without limitation, all site design, text, graphics, interfaces, tools and functions and the selection and arrangements is protected by law including copyright law.

Artworks and Site logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of CBCA, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

INDEMNITY

You agree to defend, indemnify and hold CBCA, its directors, officers, employees, agents, vendors, contractors, artists, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

DISCLAIMER OF WARRANTIES

You understand and agree that:

The Site, including, without limitation, all content, function, materials and services is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. CBCA does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. CBCA makes no warranty that the Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

LIMITATION OF LIABILITY

In no event shall CBCA, its affiliates or any of their respective directors, officers, employees, agents, successors, suppliers, affiliates vendors, contractors, artists, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of CBCA to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00. Without limiting the foregoing, in no event shall CBCA or its respective officers directors, employees, successors, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf CBCA.

You hereby acknowledge that the preceding paragraph shall apply to all Content, site functionality and services available through the Site.

APPLICABLE LAW/JURISDICTION

You agree that the laws of the state of Connecticut, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with CBCA relating in any way to your use of the Site resides in the state and federal courts of Fairfield County, Connecticut and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Fairfield County. In addition, you expressly waive any right to a jury trial in any legal proceeding against CBCA or affiliates or their respective officers, directors, employees or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

CONSENT TO PROCESSING

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Any inquiries concerning these Terms should be directed to us at the address below.

RISK OF LOSS

The artworks purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

PURCHASING

CBCA strives for complete accuracy in description and pricing of the Artworks on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. CBCA has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, CBCA will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

CBCA strives to view all Artwork and it’s condition.  The condition of some Artwork may be intrinsic to the nature of the Artwork itself and not a condition of damage.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will CBCA or its Artists, successors or affiliates be held liable for any damages due to such interruptions or lack of availability.

NOTICES

Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

CONTACTING US

To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us or write to us at:

Cynthia Byrnes Contemporary Art

275 Post Road East #127

Westport, CT  06881

Email: info@cynthiabyrnes.com

Phone:  203.557.0819

Fax: 203.222.7043

GENERAL INFORMATION

The Terms constitute the entire agreement between you and CBCA and govern your use of the Site, superseding any prior agreements between you and CBCA. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership or agency relationship exists between CBCA and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to CBCA or the Site must be commenced within one (1) year after the claim or cause of action arose.

CBCA’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of CBCA’s Artists, successors, assigns and affiliates. The section titles in the Terms are for convenience only and have no legal or contractual effect.

© Copyright 2017 by CBCA. All rights reserved