Terms & Conditions

Please also consult our Privacy/GDPR statement which can be found after the Terms & Conditions at the bottom of this page.

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2021 Brian McCabe.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c) the digital rights to all artworks remain the property of the artist unless granted otherwise by the artist in writing.

4. Permission to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal purposes (or gallery business purposes approved by us in writing); you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

5. Misuse of website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 You may register with our website by completing and submitting the newsletter registration form on our website or by using the contact form and clicking on the verification link in the email that the website will send to you.

7. Cancellation and suspension of account

7.1 You  may cancel your account on our website by writing to us via email or using the 'unsubscribe' link at the bottom of our newsletters

7.2  we may cancel the newsletter at any time in our sole discretion with or without notice to you

7.3 We will usually cancel an account if it remains unused for a continuous period of 18 months.

8. Our rights to use your content

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website, any related social media and any successor website.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 We reserve the right to remove your content without notice or reason.

9. Rules about your content

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

10.2 Products shown on brianmccabestudio.com are photographs of the original art which are reproduced on computer screens as facsimiles. Due to this, you accept that:

(a ) although every effort has been made to ensure the closest likeness to the original art, including colour balance, definition and texture, brianmccabestudio.com does not warrant or represent images shown to be exactly the same as the original

(b) by making a purchase on brianmccabestudio.com you are entering into a contract by which you agree and accept any differences between the image shown and the original art

(c) you accept and agree that any differences are not grounds for cancellation of the sale

10.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.4 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions: 

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a sole trader; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise.

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

16. Third party rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. Entire agreement

17.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18. Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with English law.

18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

19. Our details

19.1 This website is owned and operated by Brian McCabe (Sole Trader).

19.2 You can contact us:

(a) by post: brianmccabestudio.com, Manor Road, Chagford, Devon, TQ13 8DS, United Kingdom;

(b) by email: hello@brianmccabestudio.com;

(c) using our website contact form

Privacy Policy

This privacy policy will explain how brianmccabestudio.com uses the personal data we collect from you when you use our website.

Please also consult our Terms & Conditions which are available above.

What data do we collect?

Our Company collects the following data:

Personal identification information (Name, email address, address, etc.)

PayPal and credit card details

How do we collect your data?

You directly provide brianmccabestudio.com with most of the data we collect. We collect data and process data when you:

Register online or place an order for any of our products or services.

Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.

Use or view our website via your browser’s cookies.

brianmccabestudio.com may also receive your data indirectly from the following sources:

SquareSpace hosting services

Google analytics

How will we use your data?

brianmccabestudio.com collects your data so that we can:

Process your order and manage your account.

Email you with special offers on other products and services we think you might like.

Improve the usability of the website

When you buy from us, brianmccabestudio.com will share your data with our partner companies so that they may offer you their products and services. These may include:

Framing companies we may use to frame your art purchase

Courier companies we may use to deliver your art purchase

When brianmccabestudio.com processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

How do we protect your data?

brianmccabestudio.com is hosted behind secure networks by Squarepace which encrypts and protects data with a Secure Socket Layer (SSL) to improve security. SSL secures connections and prevents hackers from impersonating our website or stealing visitors' information.

brianmccabestudio.com will retain your data while you are subscribed to our newsletter, or during and after a sale or enquiry, or as long as we are required to by law. The database of customers is reviewed and updated annually and you will be asked if you would like to remain on it. If you decide not to be, and your data is no longer legally required to be held, it will be manually deleted by a representative of brianmccabestudio.com.

Your financial data is protected by our third party partners, PayPal and Stripe, via the Squarespace network.

Any payment data you may have supplied directly to us will not be held in any form for longer than is necessary to conclude the sale or return.

Marketing

brianmccabestudio.com would like to send you information about products and services of ours that we think you might like.

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop brianmccabestudio.com from contacting you for marketing purposes or giving your data to our suppliers (as stated above).

If you no longer wish to be contacted for marketing purposes, please email hello@brianmccabestudio.com or opt out using the 'unsubscribe' link at the bottom of all email newsletters.

What are your data protection rights?

brianmccabestudio.com would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request brianmccabestudio.com for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that brianmccabestudio.com correct any information you believe is inaccurate. You also have the right to request brianmccabestudio.com to complete the information you believe is incomplete.

The right to erasure – You have the right to request that brianmccabestudio.com erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that brianmccabestudio.com restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to brianmccabestudio.com's processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that brianmccabestudio.com transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: hello@brianmccabestudio.com

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our website, we may collect information from you automatically through cookies or similar technology.

For further information, visit allaboutcookies.org.

How do we use cookies?

brianmccabestudio.com uses cookies in a range of ways to improve your experience on our website, including:

Keeping you signed in

Understanding how you use our website

Improving the design and structure of the website

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

Functionality – brianmccabestudio.com uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Advertising – brianmccabestudio.com uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. brianmccabestudio.com sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies

You can set your browser not to accept cookies. Please consult your browser's website. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites

The brianmccabestudio.com website may from time to time contain links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy

brianmccabestudio.com keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on January 31, 2021.

How to contact us

If you have any questions about brianmccabestudio.com’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to email us at: hello@brianmccabestudio.com

How to contact the appropriate authority

Should you wish to report a complaint or if you feel that brianmccabestudio.com has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office.

Website:

https://ico.org.uk/

Telephone:

0303 123 1113

Address:

Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire
SK9 5AF


Updated January 31, 2021