Terms & Conditions

WEBSITE TERMS OF USE

This website (Site) is operated by a single individual; Morgan Ryan, also known as Cross-Eyed Morgan (me) as a hobby to share my art. It is available at: www.crosseyedmorgan.com and may be available through other addresses or channels.

HOW YOU CONSENT TO THESE TERMS OF USE

If you access and/or use my Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using my Site immediately.

WHEN I MAKE CHANGES TO THESE TERMS OF USE

I may, at any time and at my discretion, vary these Terms by publishing the varied terms on my Site. I recommend you check my Site regularly to ensure you are aware of my current terms. Materials and information on this Site (Content) are subject to change without notice. I do not undertake to keep my Site up-to-date and I am not liable if any Content is inaccurate or out-of-date.

PRIVACY

This site collects analytics for engagement reporting. Interactions through this site are collected so I can respond accordingly. Other information is collected depending on how you interact with this site:

Email addresses are collected from Subscribers in order to provide you with updates. Any other information is optional and is used to customise your updates.
Members must provide an email address and name in order to create a login. Any other information is optional and is used to customise your Member experience.
If purchasing, your contact information, billing, and purchasing information is collected to complete your purchases.
This site is hosted by Wix. Payments are processed by Stripe or PayPal via Wix, unless you choose to make a direct bank deposit.

I do not maintain that this is an exhaustive list of information gathered. You have the right to ask for a copy of any personal information I hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact me.

CONDUCT THAT IS NOT ACCEPTED

When you use my Site, I expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to my Site, which I would consider inappropriate, or which might bring me or our Site into disrepute. This includes:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using my Site to defame, harass, threaten, menace or offend any person (including using my Site to spread misinformation, and/or information that promotes bigotry);

(d) tampering with or modifying my Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with my Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with my Site;

(e) using my Site to send unsolicited electronic messages;

(f) using my Site and related artwork to train any type of AI without my written consent, including (without limitation) any image creation AI;

(g) using my Site and related artwork for personal and/or financial gain without my written consent, including (without limitation) promoting products, creating prints, creating merchandise, or otherwise breaking copyright law; or

(h) facilitating or assisting a third party to do any of the above acts.

COMPETITORS ARE EXCLUDED FROM USING MY SITE

You are prohibited from using my Site, specifically (without limitation) the Gallery and Shop, including my Content, in any way that competes with my business.

SOME PARTS OF THIS SITE ARE FOR PERSONAL USE ONLY

I've designed some parts of my Site for you to use personally, and not on a commercial basis. You must not use my Site, or any of my Content, for your commercial purposes without written consent, including, for example, to advertise your own business or for any other revenue generation activity.

INFORMATION

Please note that my Content is factual information only, is not comprehensive and is for general information purposes only. My Content is not professional advice. You cannot rely on it as such. I use reasonable attempts to ensure the accuracy and completeness of my Content, I provide my Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on my Content.

If you choose to contribute to this Site, e.g. with blog comments, the information you provide is public and may be shared through this Site and via Social Media.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, I own or licence all rights, title and interest (including intellectual property rights) in my Site, all of my Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of my Site, your use of and access to any Content, and any purchases of artwork and other related products do not grant or transfer to you any rights, title or interest in relation to My Intellectual Property. You must not:

(a) copy or use, in whole or in part, any of My Intellectual Property;

(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of My Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with My Intellectual Property, including (without limitation) altering or modifying any of My Intellectual Property, causing any of My Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from My Intellectual Property.

CONTENT YOU UPLOAD

I encourage you to interact with my Site! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on my Site. If you make any User Content available on or through my Site, you grant to me a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of my Site.

You agree that you are solely responsible for all User Content that you make available on or through my Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or my use of the User Content on, through or by means of my Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

I do not endorse or approve, and are not responsible for, any User Content. I may, at any time (at my sole discretion), remove any User Content.

THIRD PARTY SITES

My Site may contain links to websites operated by third parties. Unless I tell you otherwise, I do not control, endorse or approve, and am not responsible for, the content on those websites. I recommend that you make your own investigations with respect to the suitability of those websites.

WHAT HAPPENS IF I DISCONTINUE MY SITE

I may, at any time and without notice to you, discontinue my Site, in whole or in part. I may also exclude any person from using my Site, at any time and at my sole discretion. I am not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, I make no representations or warranties about my Site or my Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

You read, use and act on my Site and my Content at your own risk.

MY LIABILITY IS LIMITED

To the maximum extent permitted by law, I sm not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of My Intellectual Property and/or any inaccessibility of, interruption to or outage of my Site and/or any loss or corruption of data and/or the fact that my Content is incorrect, incomplete or out-of-date.

INDEMNITY

To the maximum extent permitted by law, you must indemnify me, and hold me harmless, against any Liability suffered or incurred by me arising from or in connection with your use of my Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for me to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

TERMINATING THESE TERMS

These Terms are effective until terminated by me, which I may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

DEALING WITH A PROBLEM

If you would like to give me feedback, please contact me – I appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

IF A PART OF THESE TERMS ISN'T RIGHT

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

WHICH LAWS GOVERN THESE TERMS OF USE

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

Your use of my Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand.

My Site may be accessed throughout New Zealand and overseas. I make no representation that my Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access my Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access my Site.

FOR ANY QUESTIONS AND NOTICES, PLEASE CONTACT ME:

Cross-Eyed Morgan

crosseyedmorgan@hotmail.co.nz

Site contact box

CREATING THESE TERMS AND CONDITIONS

This was made by modifying a template by LegalVision New Zealand.