Terms and Conditions
MacKerr Associates Inc. ("MacKerr") provides fabeggs.com and its subdomains ("Websites") in support of MacKerr’s mission to stimulate appreciation for and advance knowledge of the works of the late Theo Fabergé (“Works”). By accessing the Websites, users agree to be bound by the following terms and conditions, which MacKerr may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
1. Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the "Materials") are proprietary to MacKerr or its assignees/agents. MacKerr retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, MacKerr.
2. Trademarks. Many of the trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Websites are registered and/or unregistered marks of MacKerr. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of MacKerr or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
3. Authorized Uses. The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate MacKerr's or any other party's proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by MacKerr. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. All rights not expressly granted herein by MacKerr are specifically and completely reserved.
4. User Responsibility. From time to time MacKerr may invite people to share content. Please know that content will be reviewed by MacKerr staff and may be reproduced by MacKerr in all media now known or hereinafter devised.
It is strictly prohibited to transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. MacKerr shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Please note: MacKerr may discontinue any portion of the Websites at any time. By submitting comments, users acknowledge that these will be posted on the World Wide Web. Users grant MacKerr the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Websites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
5. Works Representation. Every attempt is made to provide accurate information about the Works. MacKerr does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. MacKerr makes every effort to present the colors of the Works as accurately as possible. The display of color depends on the settings of a user's particular monitor; MacKerr cannot guarantee that the colors displayed on an individual's monitor will be correct.
7. Links to Third Party Sites. MacKerr has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. MacKerr provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by MacKerr.
8. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. MacKerr may update, change, or delete content at any time. MacKerr makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. MacKerr assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion MacKerr may discontinue or take down the Websites or any section or Material within the Websites at any time.
9. Limitation of Liability. NEITHER MACKERR, ITS OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF MACKERR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
10. Indemnity. The user agrees to indemnify, defend, and hold MacKerr and its respective officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.
12. Applicable Law and Jurisdiction. These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Indian River County and the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.