Terms and Conditions
User Acceptance Of Terms Of Service
Pontual LLC and Henry (Henrique) Pontual (the “Artist”) (together referred to as “we”, “us”, and “our”) provides the website and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms Of Service” or “Terms”) as well as any written agreement between us and you (or your company). If you do not agree with any of these Terms Of Service, please do not use our services. By using our services you will be deemed to have irrevocably agreed to these Terms.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms Of Service apply when you interact digitally with marktcole.com, or use any of our services including, but not limited to, creating, selling, commissioning, exhibiting, and distributing works of art (collectively, the “services”). We reserve the right to modify these Terms Of Service from time to time in our sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms Of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms Of Service via posting of updates on our site.
To access any of the services or any of the resources we have to offer, you may be asked to provide registration details. It is a condition of use of these Terms that all the details you provide be correct, current, and complete.
2. Intellectual Property
Copyright © Pontual LLC and Henry Pontual All Rights Reserved
For purposes of these Terms, “Content” is defined as any information, communication, software, photos, pieces of art, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. Pontual LLC and the Artist own all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge Pontual LLC and the Artist’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access and viewing of Content, all solely as authorized by Pontual LLC and the Artist. Nothing in these Terms Of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device or other means: republish material from this site; sell, rent or sub-license material from this site; show any material from this site in public; reproduce, duplicate, copy of otherwise exploit material from this site for a commercial purpose; edit or otherwise modify any material on this site, or redistribute material from this site, unless expressly permitted by Pontual LLC and the Artist in writing. You may not, in whole or in part, resell, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the materials or Content, whether or not for profit.
3. Registration Data and Privacy
4. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“third party sites”). However, the third party sites are not controlled by the Artist. Accordingly, the Artist makes no warranties or conditions regarding such third party sites and has no responsibilities for the contents of such third party sites, and will not be liable for any loss or damage caused by your use of or reliance on such third party sites. Your use of third-party sites is at your own risk. The inclusion on the site of a link to a third party site is provided merely as a convenience and does not imply endorsement by, or association with the Artist.
5. Disclaimer Of Warranties
ALL MATERIALS AND SERVICES ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (2) MEET YOUR REQUIREMENTS; (3) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE; OR (4) THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
6. Limitation Of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us and our Affiliates harmless from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) that arise from any breach of these Terms and your use or misuse of this site.
8. Governing Law
The statutes and laws of the state of Florida will govern all matters relating to the Terms Of Service of this site and the purchase of products and services available through this site.
9. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect hereto. To the extent that anything associated with this site is in conflict or inconsistent with these Terms, these Terms shall prevail.