By visiting this site you agree to our terms of use, our Image Licensing Agreement, and our Privacy Policy.

Terms and Conditions

The legal stuff that you need to understand

Terms of Use

Effective and Last Updated as of October 20, 2020

WHAT IS THIS?

This Terms of Use is an agreement between you and us. We have developed this Agreement to govern how you use the Platform.

From time to time, we may review and update this Agreement. When we do, we will post a notice on the homepage of our website for thirty (30) days following the update.

WHAT SHOULD YOU EXPECT IN THIS AGREEMENT?

As we said, this Agreement lists everything that you and us agree to when you use the Platform.

ALSO: this Agreement includes a class action waiver provision in Section 8 and an arbitration provision in Section 9. These provisions may be enforced by us as much as the law allows.

WHAT IS THE AGE LIMIT TO USE THE PLATFORM?

You may not use the Platform if you are under thirteen (13) years old.

WHEN DOES THIS AGREEMENT APPLY TO YOU?

You agree to be bound by this Agreement as soon as you access the Platform. If you do not agree, do not access the Platform.

WHAT DO THESE WORDS MEAN?

  1. When we say “Agreement”, we mean this Terms of Use.
  2. When we say “we”, “us”, or “our”, we mean Michelle Patrick Photography, LLC, a Wisconsin limited liability company.
  3. When we say “you” or “your”, we mean the visitor or user of our Platform, products, or services.
  4. When we say “Platform”, we mean our website located at mpstockart.com and all related applications and services that we make available to you through and in connection with your use of the website.

Subject to the terms of this Agreement, we give you a nonexclusive, nontransferable, revocable license to use the portions of the Platform as permitted by this Agreement solely for your personal and noncommercial use. The Platform cannot be used for any other purpose.

  • WHAT CAN’T YOU DO?
    • You cannot use the platform for any purpose other than what is listed in this Agreement. Specifically, you cannot lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Platform without our prior written consent or unless otherwise expressly permitted by applicable law.
    • You also cannot interfere or disrupt the service or servers or networks connected to the Platform, including transmission of any code of a destructive or malicious nature to the Platform. You cannot inject content or code or otherwise alter or interfere with the way any portion of the Platform is displayed on a user’s browser or device.
    • You also cannot intentionally overburden or misuse the Platform.
  • WHO OWNS THE PLATFORM?
    • All title, ownership rights and intellectual property rights in and to the Platform (including, without limitation, all text, graphics, music or sounds, all messages or items of information, effects, diagrams, concepts, videos, audio-visual effects, domain names, and any other elements which are part of the Platform, individually or in combination) and any and all copies thereof are owned by us or our licensors. The Platform is protected by national and international laws, copyright treaties and conventions and other laws. The Platform may contain certain licensed materials and, in that event, our licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, the prior permission of our licensors and representatives. Except as expressly set forth in this Agreement, all rights not granted to you in this Agreement are expressly reserved by us.
    • This license confers no title or ownership in any or all portions of the Platform and should not be construed as a sale of any rights of the Platform.
  • WHEN DOES THIS AGREEMENT START AND END?
    • This Agreement is effective from the first date you access any portion of the Platform. You may end this Agreement at any time by permanently deleting and destroying any content of or relating to the Platform and all backup copies and related materials. We or our licensors may end this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once this Agreement has ended, you MUST stop using this Platform and delete all any content of the Platform and associated materials already copied and/or installed on your device or computer immediately.
    • Sections 7, 8, 9, and 10 shall remain effective after the end of this Agreement.
  • WHAT ELSE SHOULD YOU KNOW ABOUT THE PLATFORM?
    • The Platform is provided on an “as-is” basis without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither us, our licensors or affiliates nor the copyright holders make any representations or warranties, express or implied, including by not limited to the warranties of merchantability, satisfactory qualify, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. There is no warranty by us or any other party that the functions contained in the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Platform to achieve your intended results and for the use and results obtained from it.
    • Information is deemed reliable but not guaranteed accurate, and provided on an as-is basis, without warranty, express or implied. If you see an error with our information, contact us at [Email Address].
    • We agree to take reasonable precautions in maintenance and patching of the Platform, but we do not guarantee that our services are virus or malware free.
    • The Platform may contain links to external third parties to enhance your browsing experience and the services offered by affiliated partners. We cannot guarantee the accuracy of information found on any linked site.
  • CAN WE BE LIABLE TO YOU? IF SO, FOR WHAT AND HOW MUCH?
    • Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, even if we shall have been informed of the possibility of such damages, or for any claim by any other party.
    • Without limiting the foregoing, in no event will we be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.
    • In any event, our entire liability to you under any provision of this agreement or arising from the access or use of the site by you or any other user will be limited to the amount actually paid by you to us pursuant to this Agreement during the 12 months preceding the event giving rise to such liability, or USD $50.00, whichever is less.
  • WHAT ELSE SHOULD YOU KNOW ABOUT THIS AGREEMENT?
    • Wisconsin law governs this Agreement.
    • You irrevocably and unconditionally submit to the jurisdiction of any state court sitting in Waukesha County, Wisconsin, and the Federal District Court sitting in the City of Milwaukee, Wisconsin, over any suit, action, or proceeding arising out of or relating to this Agreement.  You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
    • If any part of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, then this Agreement shall be interpreted as if such invalid or unenforceable part were not included in the Agreement.
    • Any notice or communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given when hand delivered (including by recognized overnight courier such as Federal Express), sent by confirmed facsimile, or mailed certified or registered mail, return receipt requested, postage prepaid, to the address of the party as set forth below, or at such other address as a party may designate by notice given in accordance with this Section:

Michelle Patrick Photography, LLC

ATTN: Michelle Patrick, Data Privacy Office

  • WHAT ABOUT THE CLASS ACTION WAVIER PROVISION?

Where permitted under applicable law, you and us agree that each may bring claims only in your/our individual capacity and not as a plaintiff or class member in any purported class or representative action.

  • WHAT ABOUT THE ARBITRATION PROVISION?

Any controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including any questions relating to the arbitrability of such controversies or claims, may at the request of either party be resolved by binding arbitration in the State of Wisconsin, in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the preceding sentence, upon the occurrence of any controversy or claim for which a party is seeking equitable relief, such party may seek such equitable relief in any court of law with proper jurisdiction and venue. The conduct of such arbitration shall be subject to the arbitration law of the State of Wisconsin. The fees of the arbitrator(s) shall be borne equally by the parties, unless otherwise determined by the arbitrator(s).

  1. WHAT ABOUT OTHER POLICIES AND AGREEMENTS?
    1. The collection, use, disclosure, and sale of all data related to the use of this Platform shall be discussed by the Privacy Policy located at mpstockart.com.
    2. located at mpstockart.com.