TERMS AND CONDITIONS
Thanks for visiting Montrose and Merrick. Throughout these Terms and Conditions the terms “we” and “our” will refer to Montrose and Merrick and Sharon Montrose Photographs, LLC.
It is important to us that you have the best possible experience while using Montrose and Merrick website ("this website") and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth in the "info" section of this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
PHOTOGRAPHS AND OTHER PRODUCTS
All the photographs featured on this website were created by Sharon Montrose and are the exclusive property of Sharon Montrose Photographs, LLC. Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests. Any replacement of a Limited Edition print will not be issued until evidence of the damaged piece has been destroyed.
All of the content on this site, including the photographs, text, graphics, design, and this website’s look and feel are owned by Sharon Montrose Photographs, LLC and may not be used or reproduced without our prior written approval.
"Sharon Montrose," "Montrose and Merrick," and their respective logos are trademarks of and owned by Sharon Montrose Photographs, LLC. Nothing contained in this website shall be construed as granting any license or right to use any of these trademarks without the prior written approval of Sharon Montrose Photographs, LLC except as noted below (See 'Exception.")
RESERVATION OF COPYRIGHT AND ALL RIGHTS
All rights to all the images on this website are reserved by Sharon Montrose Photographs, LLC and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way except as noted below (See “Exception.”) without the prior written approval of Sharon Montrose Photographs, LLC or its authorized representatives, who are listed below. (See “For Permission.”)
PURCHASE DOES NOT CONVEY COPYRIGHT
Your purchase of a print, original artwork, or other products from Montrose and Merrick is a purchase of an authorized physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by Sharon Montrose Photographs, LLC, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Sharon Montrose Photographs, LLC, which may withhold its permission or limit any license granting permission for further use in its sole and unfettered discretion.
This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.
This means: You may not use any images from Montrose and Merrick, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from Sharon Montrose Photographs, LLC. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and MySpace); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications (except as noted below, see “Exception”); in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.
If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission as noted below. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.
Exception: You may use images from this website as part of a review, article, or blog post specifically about Montrose and Merrick as long as your use of the images is accompanied by a link to this website and a credit line stating: “Images are copyrighted by Sharon Montrose Photographs, LLC. All rights reserved.”
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRODUCTS PURCHASED FROM THIS WEBSITE ARE SOLD "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABIILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH THIS WEBSITE, THE CONTENT HEREIN, AND/OR THE PRODUCTS WE SELL AND/OR DESCRIBE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.
PLEASE BE ADVISED: MONTROSE AND MERRICK EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE SAFTEY OF THE LOCATIONS AND METHODS OF SECURING OF PICTURE FRAMES, FURNITURE, AND DECOR DEPICTED IN PHOTOGRAPHS FEATURED ON MONTROSE AND MERRICK'S WEBSITE AND IN OTHER MARKETING MATERIALS. YOU SHOULD ALWAYS EXERCISE APPROPRIATE CARE TO ENSURE THAT YOU HANG OR PLACE PICTURE FRAMES IN A SAFE LOCATION, USING AN EFFECTIVE METHOD TO HANG THE FRAME SECURELY. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT SAFTEY OR THE BEST METHOD OF HANGING A PICTURE FRAME, ASSEMBLING FURNITURE, OR THE SAFTEY OF DECOR, YOU SHOULD CONSULT A PROFESSIONAL.
THE PRODUCTS AND INTERIOR DESIGNS FEATURED ON OUR BLOG ARE FOR YOUR VIEWING ENJOYMENT AND INSPIRATION. PLEASE BE ADVISED, MONTROSE AND MERRICK DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT ANY FEATURED PRODUCT OR DESIGN IS SAFE FOR CHILDREN, TODDLERS OR INFANTS. PARENTS AND RESPONSIBLE ADULTS SHOULD ALWAYS EXERCISE DUE CARE AND PRECAUTIONS FOR SAFETY WHEN SELECTING PRODUCTS OR INSTALLING DESIGNS INTENDED FOR USE BY CHILDREN, TODDLERS OR INFANTS.
Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.
Effective May 25th, 2018, if you are from the European Economic Area (“ EEA”), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”).
We respect the privacy of this website’s visitors and customers and pledge not to sell, loan, rent, trade, or give away any personal information that you offer during your visit, when you join our email list, when you establish a Wish List, or when you make a purchase. Personal information provided by you will be used only for the services requested, such as processing an order or for contacting you in response to an order or other request you have made, except for the following circumstances:
We use your contact information to provide you with the services you request as well as for analytical and marketing purposes, such as:
• confirming, sending, and tracking your order, subscription, or registration;
• communicating with you about your order, subscription, or registration;
• analyzing preferences, trends, and statistics;
• informing you of our new products, services, and offers; and
• providing you with other information from and about Montrose and Merrick, including personalized marketing communications.
We contact you only in ways compatible with your communications choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
(1) In the course of operating this website it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors, and select vendors so that we can operate this website and process orders. Where practical, we limit others' use or disclosure of the information you have shared.
(2) We may share specific information you provide in connection with your Wish List to those visitors who seek to purchase items you have added to the list.
(3) We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, or to defend against legal claims and if, in our judgment in such circumstances, disclosure is required or appropriate.
(4) We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and Conditions, or as otherwise required by law.
(5) We may receive a confirmation when you open an email from us. We use customer contact information to send you information about our company, new releases, and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive email or other mail from us, simply click on “Unsubscribe me from this list” at the bottom of any newsletter.
We do not, at present, collect any personally identifying information from children or from individuals who could be recognized as minors. If we do so in the future, we will comply with the requirements of the Children's Online Privacy Protection Act ("COPPA").
OPTING OUT OF MARKETING AND TRANSFERS; UPDATING AND DELETING INFORMATION ABOUT YOU
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know. In the U.S., you can send us an email. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:
• I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
• I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
• I prefer not to have my contact information provided to third parties for their marketing purposes.
You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.
Please note that any requests to remove or update your contact information may take up to five days.
SECURITY OF PERSONAL INFORMATION
Our secure sockets layer (SSL) uses the latest industry-standard encryption technology to help protect your personal information (especially your name, address, and credit card number) from getting into the wrong hands, and to minimize the possibility that this information could be intercepted as it travels to our payment processing system. However, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your information, we make efforts to ensure security on our systems. We use physical, electronic, and procedural safeguards to protect personal information about you.
If we learn of a security breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this website, or by providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. We may post a notice on this website if a security breach occurs. If this happens, you will need a web browser enabling you to view this website. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at talk(at)theanimalprintshop(dot)com.
CHILDREN UNDER 18
We do not sell products for purchase by children; however, many of our photographs and products may be attractive to children, and any photographs or products that are described as such or are meant for purchase by adults. If you are under 18, you may use this website only with the involvement of a parent or guardian.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
Permission to use an image in any manner other than as description under “Exception,” above, should be sent to hellp(at)montroseandmerrick(dot)com.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
Montrose and Merrick
1976 South La Cienega Blvd. #209
Los Angeles, California 90034
Effective date: May 24, 2018