Your access to and use of this web site (the "Site") is conditioned on acceptance of the terms and conditions set forth herein. Read these terms before using the Site. By accessing, using, viewing, browsing, etc. the Site, you agree to these terms. If you do not agree to these terms, do not access the Site in any way.

Materials

The materials (including but not limited to the text, information, data, images, audio, video, computer programs and/or anything else found at the Site) (the "Materials") on the Site are provided by the Thomas Kearns McCarthey Gallery. ("McCarthey Gallery") as a service to the public and its customers and may be used for informational purposes only.

Trademarks

The list below is a list of some of the McCarthey Gallery's trademarks and trade names. An ® following a name indicates that the trademark has been registered in the United States. This list is not exhaustive. The McCarthey Gallery may own other trademarks and/or trade names that are not included here.

McCarthey Gallery trademarks may be used only with the express permission of the McCarthey Gallery. Fair use of the McCarthey Gallery's trademarks in advertising and promoting its products requires proper acknowledgment that the trademarks are trademarks of the McCarthey Gallery.

All other brands and names are property of their respective owners.

Disclaimer

The McCarthey Gallery does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. The McCarthey Gallery may make changes to these Materials, or to the products described therein, at any time without notice. The McCarthey Gallery makes no commitment to update the Materials.

The McCarthey Gallery also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any bulletin board) or your downloading of any Materials from the Site.

Submissions

The McCarthey Gallery does not want you to send to it any confidential or proprietary information through the Site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). The McCarthey Gallery will have no obligations with respect to the Communications. The McCarthey Gallery will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. By transmitting Communications to the Site, you hereby grant to the McCarthey Gallery a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the McCarthey Gallery of any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You are prohibited from posting or transmitting to or from the Site any material that (a) would restrict or inhibit any other user from using and enjoying the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (d) would violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of privacy or publicity or any other proprietary right, (e) contains a virus or other harmful component, (f) contains any information, software or other material of a commercial nature, (g) contains advertising of any kind, or (h) constitutes or contains false or misleading indications of origin or statements of fact.

Bulletin Boards/Chat Rooms/Discussion Groups

The McCarthey Gallery may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. The McCarthey Gallery, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Linking to Site of McCarthey Gallery

To obtain permission to link to the Site or any other web site owned and operated by the McCarthey Gallery, please contact us. No trademark or logo of the McCarthey Gallery may be used as a "hot" link to any McCarthey Gallery or other web site without the prior written approval of the McCarthey Gallery.

Links To Other Web Sites

Any linked sites are not under the control of the McCarthey Gallery and the McCarthey Gallery is not responsible for the content of any linked site or any link contained in a linked site. The McCarthey Gallery reserves the right to terminate any link or linking program at any time. The McCarthey Gallery does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

Applicable Laws

The Site is controlled by the McCarthey Gallery from its offices within the state of Utah in the United States of America. The McCarthey gallery makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Utah. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Utah.

General

The McCarthey Gallery may revise these terms and conditions for use at any time by updating the Terms and Conditions for Use of This Web Site web page(s). You should visit this page from time to time to review the then-current terms and conditions for use because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site.