O’Shea Enterprises, LLC
DBA Lane O’Shea Fine Art
Revised September 1, 2018
O’Shea Enterprises, LLC ( “COMPANY”) reserves the right to revise these Terms from time to time as it sees fit. Users should check these Terms periodically. By using the Website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.
Conduct of Users
Consent - When you visit the website or send e-mails to COMPANY, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing.
You Will Not - You agree that you will not: (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other materials that is/are or which COMPANY considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
Passwords – In some cases you shall be identified and authenticated by the use of usernames and passwords. COMPANY shall be responsible for issuing and terminating passwords and verifying your status. However, you are solely responsible for maintaining the confidentiality of your password(s) and any other code (including user name) used to secure online access and information and you agree that COMPANY will have no obligations with regard thereto. If you share passwords or security codes (something COMPANY does not recommend) you will be solely responsible for all actions that such persons might take with respect to the access. If you believe your password or security code has been lost or stolen or someone has gained access to this information without permission, please contact COMPANY immediately.
COMPANY has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the Website. Such websites access from the COMPANY website is independent from COMPANY; the links are provided for your convenience only and you access them at your own risk. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by COMPANY of that third party or of any product or service provided by a third party. Any concerns with respect to other websites should be directed to that website’s administrator or webmaster.
Copyrights, Trademarks & Restrictions
The material included herein, including Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by LANE O’SHEA and O’SHEA ENTERPRISES, LLC, ALL RIGHTS RESERVED. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Website and all materials on the Website, including, but not limited to, images and illustrations are the property of COMPANY and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by COMPANY and by copyright law, trademark law, international conventions and other intellectual property laws.
Except as provided in the Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website without COMPANY’ prior written permission. Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of trademark or other proprietary rights of COMPANY or third parties.
Notice and Take Down Procedures
If you believe any materials (Licensed or otherwise) on the Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing materials so that COMPANY can find and verify its existence.
Your name, telephone number and e–mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
COMPANY agent for notice of copyright issues on the Website can be reached as follows:
O’Shea Enterprises, LLC
201 Claremont Avenue, Suite 200
Montclair, NJ 07042
Attn: Legal Department
(ref: Copyright Infringement)
OR via email: firstname.lastname@example.org provided that delivery is confirmed through electronic receipt.
By using the Website, you agree to indemnify the COMPANY for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. COMPANY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer, Limitation of Liability
THIS WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN IF THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
COMPANY may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms. In the event these Terms are terminated, the restrictions regarding materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are dissatisfied with the services provided by COMPANY, your sole remedy is to terminate your use of the Website.
COMPANY operates the Website from its offices within the United States. COMPANY makes no representations that content and materials (Licensed or otherwise) on the Website are legal or appropriate for use from outside the United States. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of U.S. export laws and regulations.
These Terms will be governed by and construed in accordance with the laws of the New Jersey, as it is applied to agreements entered into and performed therein. Any action brought to enforce these Terms or matters related to the Website will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Terms to the contrary, COMPANY shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce COMPANY’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and COMPANY concerning your use of the Website.
Comments, Complaints, and Questions
We welcome your feedback about the Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of COMPANY, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms, please contact us.