Website Privacy Policy

Welcome to RichardMacDonald.com, also referred to in these Terms of Use as the ‘Site’.  The Site is comprised of various web pages created and maintained by Richard MacDonald (the “Artist”) and Richard MacDonald Studios, Inc., a California corporation (“Studios”) in order to provide artistic information and resources to the public via the Internet.  By using the Site and its content you are agreeing to comply with and be bound by each and all of the following terms, which the Artist or Studios may change at any time.  Your continued use of the Site following the posting of any changes to these Terms of Use constitutes and shall conclusively be deemed to be your acceptance of those changes.

NOTICE FOR RESIDENTS OF THE EUROPEAN AND SWISS ECONOMIC AREAS AND GDPR CONTRACTUAL TERMS

International Transfers: Data provided to us is processed in the United States. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. Specifically, we require the all sub-processors to agree to the European Commission’s Standard Contractual Clauses for the transfer of Personal Information from the European Union to processors established in third countries (controller-to-processor transfers), as set out in the Annex to Commission Decision 2010/87/EU.

  1. Use of the Site:  You may use the Site only in full accordance with and subject to each and all of these Terms of Use.  You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Artist, Studios or any other person or entity.  Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:
    1. transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by the Artist or Studios;
    2. introduce to the Site any computer or website viruses, worms, Trojan horses and/or harmful codes;
    3. obtain unauthorized access to any computer system, including without limitation access to any application program interface that may be provided by the Site, in any manner not authorized by the Artist and Studios;
    4. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    5. impersonate any other person, including but not limited to a registered user of the Site or an employee of the Artist or Studios;
    6. invade the privacy or violate any personal or proprietary right, including intellectual property rights, of the Artist, Studios or any other person or entity;
    7. misrepresent the identity of a user or use a false e-mail address;
    8. tamper with or obtain unauthorized access to the Site or any component of the Site;
    9. conduct any fraudulent activity; or
    10. collect or harvest information regarding other users of the Site for any reason whatsoever, including without limitation for the purpose of sending such users unsolicited commercial email.
  2. Eligibility for Use:  The Site is available to visitors who are eighteen (18) years and older and who have not been suspended or removed by the Artist or Studios for any reason.  By viewing the Site you represent that you are of legal age.  If you do not qualify, you may not use the Site.  You agree to use the Site for your own personal use and not for commercial purposes.  Without limitation, use of the site by employees or agents of any commercial enterprise in the course of their employment or agency is a prohibited commercial use.
  3. Additional Terms and Conditions:  Additional terms and conditions may apply to specific portions of the Site which terms are made part of these Terms of Use by reference.  You agree to abide by each and all of such other terms and conditions.  If there is a conflict between these Terms of Use and the terms posted, or applicable to, a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
  4. Proprietary Rights:  You acknowledge and agree that the content, materials and other components (including but not limited to images, logos, graphics, videos and text) available on the Site are the property of the Artist and Studios and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.  If you provide feedback regarding the Site (for example, recommendations for improvements or features), implementation of that feedback shall be owned by the Artist and Studios and may become part of the Site without compensation to you.  All rights in and to the Site are reserved to the Artist and Studios, except to the extent as may be expressly stated to the contrary in these Terms of Use.
  5. Prohibited Uses:
    1. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly, display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
    2. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.
    3. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law.
    4. You may not copy, frameset, enclose or otherwise distribute any part of the Site.
    5. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s access to or use of the Site.
  6. Links to Third Party Websites; No Implied Endorsements:  This Site may contain links to other websites on the Internet.  You acknowledge that the linked sites are not under the control of the Artist or Studios and that the links are provided only as a convenience to you.  Neither the Artist nor Studios shall be responsible for the accuracy, content, legality or any other aspect of any linked website.  In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by the Artist or Studios of that third party, third party website or of any product or service provided by a third party.  You should also read the terms and conditions and privacy policies of such other websites.
  7. Indemnification:  By using the Site, you agree to indemnify, hold harmless and defend the Artist and Studios, together with their respective affiliates, agents, contractors, directors, distributors, divisions, employees, managers, manufacturers, officers, owners, partners, representatives, shareholders, subsidiaries, successors, suppliers and vendors (collectively “Related Parties”), from and against any claims, damages, liabilities, losses, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim (including without limitation claims made by third parties for infringement of intellectual property rights) by any third party that arises in connection with (a) your use or misuse of the Site; (b) any user content that you supply; (c) your breach of these Terms of Use; or (d) your violation of any law or the rights of any third party.  You agree to cooperate as fully as reasonably required in the defense of any claim.  The Artist and Studios reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
  8. Disclaimer of Warranty:  THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, VIDEO AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.   SPECIFICALLY, BUT WITHOUT LIMITATION, THE ARTIST AND STUDIOS DO NOT WARRANT THAT (a) THE INFORMATION AVAILABLE ON THE SITE IS FREE OF ERRORS; (b) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (c) DEFECTS WILL BE CORRECTED OR (d) THE SITE OR THE SERVER(S) THAT SERVE THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  9. Limitation of Liability:  IN NO EVENT SHALL THE ARTIST, STUDIOS, ANY RELATED PARTIES OR ANY THIRD PARTIES PROVIDING INFORMATION ON THE SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF THEY OR ANY OF THEM HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ARTIST, STUDIOS ANY RELATED PARTIES AND ANY THIRD PARTIES PROVIDING INFORMATION ON THE SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE ARTIST OR STUDIOS IN CONNECTION WITH THE APPLICABLE EVENT OR PROMOTION GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, THEN $1.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE ARTIST, STUDIOS, ANY RELATED PARTIES OR ANY THIRD PARTIES PROVIDING INFORMATION ON THE SITE HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN OR OTHERWISE STORED ON THE SITE.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.  Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply.  In that event, liability will be limited to the fullest extent permitted by applicable law.
  10. Not Intended for International Use:  No representation is made that information on the Site is appropriate or available for use outside the United States.  Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You may not use, export or re-export any user content or any copy or adaptation of such user content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
  11. Unavailability of Site:  The Artist and Studios may alter, suspend, or discontinue the Site in whole or in part, at any time and for any reason, without notice or cost.  The Artist and Studios may in their sole discretion, terminate or suspend your use or access to all or part of the Site, at any time and for any reason, including without limitation your breach of these Terms of Use.  In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.  Under no circumstances will the Artist or Studios be liable to you or any other person or entity for any damages due to such interruptions or lack of availability.
  12. Termination:  If at any time, you are notified that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately.  Under no circumstances will the Artist or Studios be liable to you or any other person or entity for any damages due to termination of your access to the Site.
  13. Copyright Infringement; Notice and Take-Down Procedures:  If you believe that any materials on the Site infringe your copyright, you may request that they be removed.  This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf.  The Artist and Studios have designated as their contact for copyright issues relating to the Site: Web Master, Richard MacDonald Studios, 16 Lower Ragsdale Road, Monterey, CA 93940; email: admin@richardmacdonald.com; telephone 831-655-0424.
  14. Choice of Law and Forum:  These Terms of Use and any dispute of any sort that might arise between you and the Artist, Studios or any of their subsidiaries, agents, employees or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles.  You agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Monterey, California, and you agree to submit to the personal and exclusive jurisdiction of such courts.  You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
  15. Damages:  In addition to any injunctive relief, you agree to pay to the Artist and Studios the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms of Use for which you bear responsibility; except you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify.  Consequently, for such Terms of Use violations, you agree to pay liquidated damages to the Artist and Studios as described below.  Further, you agree that the amounts of liquidated damages described therein are reasonable estimates of the Artist’s and Studios’ damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.  For purposes of calculating liquidated damages:  “Item of Content” means each instance of content of any type posted to, stored on or transmitted via the Site by any user; and “Instance of Unauthorized Conduct” means each individual time the Site’s servers are accessed in connection with or in facilitation of a violation of these Terms of Use.  With respect to the Instances of Unauthorized Conduct enumerated in paragraphs 1(c) and 1(j) of these Terms of Use or for continuing to access the Site after notification pursuant to paragraph 12 that your privilege to access and use the Site has been terminated, each day that the Site’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
    1. For violating paragraphs 1(a), 1(d), 1(g), 1(h), 5(a), 5(b), 5(d) of these Terms of Use, you agree to pay $100 for each Instance of Unauthorized Conduct and for each prohibited Item of Content;
    2. For violating paragraphs 1(c), 1(e), 1(f), 1(j) and 5(e) of these Terms of Use, you agree to pay $1,000 for each Instance of Unauthorized Conduct;
    3. For violating paragraphs 1(b), 1(i), or 5(c) of these Terms of Use, or continuing to access or use the Site after your account has been terminated pursuant to paragraph 12, you agree to pay $5,000 for each Instance of Unauthorized Conduct.
  16. Miscellaneous:  Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you, the Artist and Studios with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you, the Artist and Studios with respect to the Site.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.  The failure of the Artist or Studios to act with respect to a breach by you or others does not waive the rights of either to act with respect to subsequent or similar breaches.  Any failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The paragraph headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.  These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by the Artist or Studios without restriction.  The Artist and Studios shall have no liability to you or any other person or entity for any delay or failure to perform any obligation under these Terms of Use if the delay or failure is due to events which are beyond their reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by any government agency.