TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use to this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of D.MYERS GALLERY. The collective work includes works that are licensed to D.MYERS GALLERY, Copyright 2017, D.MYERS GALLERY. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with D.MYERS GALLERY or purchasing D.MYERS GALLERY products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with D.MYERS GALLERY or to purchase D.MYERS GALLERY products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by D.MYERS GALLERY. You are strictly prohibited to download any images from this site and to use any images for any purpose. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of D.MYERS GALLERY used in the site are trademarks or registered trademarks of D.MYERS GALLERY. This includes "Live The BeachLife!", SilverWings, SilverLining Inspirations, and any variation of the use of these names.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law. D.MYERS GALLERY disclaims all warranties, express or implied, including, but not limited to implied warranties of merchant ability and fitness for a particular purpose and non-infringement. D.MYERS GALLERY does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be correct, or that this site or the server that make the site available are free of viruses or other harmful components. D.MYERS GALLERY does not make any warranties or representations regarding the use of the material in this site or the serve that makes the site available are free of viruses or other harmful components. D.MYERS GALLERY does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusion on warranties, so the above limitation may not apply to you.
LIMITATION OF LIABILITY
D.MYERS GALLERY shall not be liable of any special or consequential damages that result from the use of, or the inability to use, the material on this site or the performance of the products, even if D.MYERS GALLERY has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a D.MYERS GALLERY product is mistakenly listed at an incorrect price, D.MYERS GALLERY reserve the right to refuse or cancel any order placed for the product listed at the incorrect price. D.MYERS GALLERY reserves the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, D.MYERS GALLERY shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by D.MYERS Gallery without notice at any time, for any reason. The provision relating to copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
D.MYERS GALLERY may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to D.MYERS GALLERY.
Your use of this site shall be governed in all respect by the laws of the U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of D.MYERS GALLERY products) shall be in the state or federal courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchased of D.MYERS GALLERY products) must be commenced within one (1) year after the claim or cause of action arises. D.MYERS GALLERY's failure to insist upon or enforce strict performance of any provision of these terms and condition shall not be construed as a waiver or any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. D.MYERS GALLERY may assign its right and duties under this agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden, impersonation of other, including a D.MYERS GALLERY or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to,distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate my law. You may not upload commercial content on the site or use the site to solicit others to join or become members of an other commercial online service or other organization.
D.MYERS GALLERY does not and cannot review all communications and material posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, D.MYERS GALLERY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, D.MYERS GALLERY reserves the right to block or remove communication or material that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to D.MYERS GALLERY in its sole discretion.
You agree to indemnify, defend, and hold harmless D.MYERS GALLERY, it officers, directors, employees, agents, artists, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violations of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
In an attempt to provide increased value to our visitors, D.MYERS GALLERY may link to sites operated by third parties. However, even if the third party is affiliated with D.MYERS GALLERY, D.MYERS GALLERY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of D.MYERS GALLERY. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, D.MYERS GALLERY seeks to protect the integrity of its web site and the link place upon it and therefore requests and feedback on not only it own site, but sites it link to as well (including if a specific link does not work).