Tim McKenna Legal

Tim McKenna Websites' Rules

The following sites are part of Tim McKenna web site rules

tim-mckenna.com, timmckennaphoto.com, timmckennaphotography.com  hereinafter referred to as Tim-McKenna.com

Thank you for visiting Tim-Mckenna.com. The Tim-Mckenna.com website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the Tim-Mckenna.com website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website. Modification of these Conditions of Use Tim-Mckenna.com reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Tim-Mckenna.com website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to Tim-Mckenna.com, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit Tim-Mckenna.com or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this website, are the property of Tim-Mckenna.com or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Tim-Mckenna.com.You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at timr@tim-mckenna.com to notify us of this infringement.Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Tim-Mckenna.com a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Tim-Mckenna.com the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

License and Website Access

Tim-Mckenna.com grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Tim-Mckenna.com. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Tim-Mckenna.com . You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Tim-Mckenna.com without the express written consent of Tim-Mckenna.com. You may not use META tags or any other "hidden text" which utilize Tim-Mckenna.com, Tim-Mckenna, Tim McKenna or any other derivative of our domain or company name without the express written consent of Tim-Mckenna.com. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tim-Mckenna.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.It is further understood and agreed that Tim-Mckenna.com cannot and does not guarantee or warrant that files made available for downloading through the Tim-Mckenna.com website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Tim-Mckenna.com are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY TIM-McKENNA.COM ON AN "AS IS" AND "AS AVAILABLE" TIM-McKENNA.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIM-McKENNA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIM-McKENNA.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TIM-McKENNA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIM-McKENNA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.TIM-McKENNA.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. TIM-McKENNA.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, TIM-McKENNA.COM SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY TIM-McKENNA.COM IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO TIM-McKENNA.COM FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

Third Party Links

Linked websites are not under the control of Tim-McKenna.com and Tim-McKenna.com is not responsible for the contents of any linked site or any link contained in a linked site. Tim-McKenna.com provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Tim-McKenna.com of the site.

Applicable Law

By visiting the Tim-McKenna.com website, you agree with the European's laws, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tim-McKenna.com.

Disputes

Any dispute relating in any way to your visit or access of the Tim-McKenna.com website or to the products or services you purchase through the Tim-McKenna.com website shall be submitted to binding arbitration in Merignac, France, except that, to the extent you have in any manner violated or threatened to violate Tim-McKenna.com ' intellectual property rights, Tim-McKenna.com may seek injunctive or other appropriate relief in any state or federal court in the European State, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the French Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Tim-McKenna.com, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Tim-McKenna website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European State or the country in which you reside.

Other Provisions

Tim-McKenna.com failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Tim-McKenna.com may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and Address

Please send notices by care of e-mail to: tim@tim-mckenna.com

PRIVACY POLICY

Tim-McKenna.com is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy. Please note that by visiting and using McKenna or Tim-McKenna.com, you are accepting the practices described in this Privacy Policy.

What Information is Tim-McKenna.com gathering about its visitors and how is it being used ?
Every computer connected to the Internet is provided with a domain name (e.g. earthlink.net) and an IP Address (e.g. 192.164.13.145). When a visitor requests a page from within the Tim-McKenna.com website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows :
• The IP Address of the Site that may have Referred you.
• Your IP Address
• The Web Page that you may have linked to us from, if any.
• The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 4.5)
• The Operating System platform that you may be running (e.g. Macintosh or Windows)
• Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)

There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is actually two-fold. One, Tim-McKenna.com has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.

What about Cookies?Cookies are small pieces of data that are transferred to your computer's hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The Tim-McKenna.com website utilizes cookies as a means of providing personalization features to our visitors. For example, we utilize cookies to remember settings (background music selections, wallpapers preferences, etc.) that you may have made at our website.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser's help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

What other information does Tim-McKenna.com request?We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No Spam" policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.

In addition, Tim-McKenna.com will not send you e-mail that you have not agreed to receive. If you are a member of our Mailing List, you will be contacted with announcements, news, portfolio additions, and new products or services. You have the option of "Unsubscribing" from our Mailing List at any time, thereby disabling any further such e-mail communication from being sent to you. If you wish to have specific communications with a member of the Tim-McKenna.com staff, you will be required to provide specific information that will be routed to the appropriate contact within Tim-McKenna.

What information does Tim-McKenna.com collect when I purchase something

If you purchase something, such as a Catalogue, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need :
• Your Name
• Billing Address (for Credit Card Orders)
• Shipping Address
• E-Mail Address
• Phone Number
• Credit Card Number (for Credit Card Orders)
• Expiration Date (for Credit Card Orders)

We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.
Will Tim-McKenna.com disclose the information collected to Third Parties?Tim-McKenna.com will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

1. Conform to the edicts of the law or comply with a legal process served on Tim-McKenna.com.
2. Protect and defend the rights or property of Tim-McKenna, or visitors of Tim-McKenna.
3. Identify persons who may be violating the law, the legal notice, or the rights of third parties.
4. Cooperate with the investigations of purported unlawful activities.

Tim-McKenna.com uses reasonable precautions to keep the information disclosed to us secure. Tim-McKenna.com reserves the right to transfer information in connection with the sale of all or part of Tim-McKenna.com capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. Tim-McKenna.com also provides "links" to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy.

Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. Copyright 2004, Tim-McKenna.com All Rights Reserved.

Revision: 15 August 2004


TMK-POSTER SITE
TERMS AND CONDITIONS OF BUSINESS  (1ST OCTOBER 2006)

Welcome to the TMK-Poster website.

TIM MCKENNA, registered at the Bordeaux Chambre de Commerce, on the Companies’ Register, SIRET No. 485 210 629 00013,.
 RC 43747 A 
 No intracommunautaire: FR41485210629
Legal representative in France: DEEPIX, 34/36 rue Laure Gatet, 33000 Bordeaux.

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and                    Tim McKenna that governs your use of this website.  By using this TMK- Poster website the User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. 

Tim McKenna may amend these terms and conditions at any time.  The User’s continued use and placing of an order through this website constitutes acceptance of the terms and conditions stated at the time of use.

The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, and other proprietary rights and laws.   User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorised by this Agreement without Tim McKenna’s prior, express authorization.

COPYRIGHT

The design and all material, images and texts contained in this website are copyrighted  c Tim McKenna.  All rights reserved, unless otherwise credited.

No part of this website may be copied or reproduced in any form, stored in any retrieval system or transmitted in any form by any means, other than normal internet browsing, whether electronic, mechanical, photocopying, recording or otherwise without the prior agreement of Tim McKenna.  All reproduction or other usages require prior permission and will attract a fee.

Great care has been taken in the preparation of this Internet site to insure its accuracy.  However Tim McKenna cannot accept responsibility for any errors, omissions or inconvenience arising.   User should notify any discrepancies by e-mail and these will be corrected immediately.

All brand names, logos and trademarks on this site are the property of their respective owners.

THIRD PARTY LINKS

 Any links to third party websites, owned or not by Tim McKenna,  are provided for User’s information and convenience only.  These third party sites are not under the control of Tim McKenna and User acknowledges that Tim McKenna is not responsible or liable for any content, advertising, products or other materials available from such third party sites.  User also agrees that Tim McKenna shall not be liable for any loss or damage of any sort incurred as a result of using any third party’s website.  All access to these sites is entirely at User’s own risk.   The fact that Tim McKenna provides a link to third party web sites does not mean
that he authorises, sponsors or endorses the use of these sites or their contents or that he is affiliated with them

DISCLAIMER/ ERROR AND OMISSIONS

This Website provides information on Tim McKenna products, posters and prints available for purchase.   While we make every effort to ensure that all information and prices displayed on the site are accurate and up to date at the time of publication, we reserve the right to make any changes or withdrawals necessary, without prior notice, at any time.  We will promptly correct any errors brought to our attention. If you find an error please let us know via our Contact Us section.

Specifications and product descriptions are for guidance only, and cannot be guaranteed accurate.  Errors and omissions excepted.

 PERSONAL DATA PROTECTION

In accordance with Article 34 of the French 1978 Computing and Freedom Act,  User has a right to access, modify, rectify or suppress any data concerning him or herself collected when he or she  fills in the forms on this site.  User can do this by writing to the following address. 

Tim McKenna
22 rue Hériard-Dubreuil
33000 Bordeaux,
France.

The request will be carried out as soon as possible and at the latest within 10 days following the request.

Our company needs this data in order to fulfil your requests.  It is for internal use by Tim McKenna who is responsible for their processing and preserving and he will take all reasonable measures at his disposal to preserve the confidentiality of this personal data

This data will not be given to third parties except for those agencies in charge of hosting the site or managing its content.

Tim McKenna informs User that non personal information resulting from his or her browsing of the site may be logged when he or she enters the site (pages visited, date and hour of connection, browsing period, etc).

LIABILITY LIMITATION

User expressly understands and agrees that Tim McKenna shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, this website, or resulting from any errors or omissions in the content of this website, regardless of the basis upon which liability is claimed, even if Tim McKenna has been advised of the possibility of such loss or damage.

DISCLAIMER OF GUARANTEES

Tim McKenna makes no guarantee that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free nor does Tim McKenna make any guarantee as to the results that may be obtained from the use of this website or as to the accuracy of the content or reliability of any information obtained through this website. Tim McKenna  assumes no liability or responsibility for any errors or omissions therein.  User understands and agrees that any content downloaded or otherwise obtained through the use of this website is done at User’s own risk and that User will be solely responsible for any damage done to User’s computer system or loss of data that results from the download of such content.
.
The visitor commits himself to not posting, voluntarily or not, any file that might contain any viruses or other contaminating or destructive devices or features that might interfere with the proper functioning of the site.  These criminal acts would lead to legal proceedings.

ORDERS, RETURNS, DELIVERY

We reserve the right to withdraw any item from sale, at any point prior to despatch, for whatever reason.  You will be informed promptly if such a situation arises.

PRICING

Prices on the Website are inclusive of VAT for France, net of VAT for other countries. TMK cannot be held responsible for any extra charges (local Vat, taxes, import duties, customs charges) that may be demanded of the purchaser on arrival of the goods at their destination. Please note that we do not debit your card until your order is despatched and it is at this point that our contract with you commences. 

Cancelling Your Order
You have the right to cancel your order anytime prior to despatch.  Please do this via email to: sales@tim-mckenna.com.

Return of Goods

We aim to give complete satisfaction.  If you are not satisfied with your order, you have 15 days in which to return it in perfect condition, in its original packing and quoting the original transaction code number.

If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to us at your own risk and cost.  You must take full care that the goods returned to us are not damaged in the meantime or in transit otherwise this may preclude you from obtaining a refund.  We strongly recommend that you use an insured delivery method.

 All returns are subject to the following conditions:

No refund will be processed until the returned goods have been received back in our warehouse.

Please state reason for the return of goods. No refund will be made and return costs remain at your charge unless TMK is at fault.  Cash on delivery is not accepted. 

We will not refund any items that have been specifically made to your individual specifications or personalised.

Once you have notified TMK that you are cancelling your order and we have received the goods back undamaged, you will be refunded or credited within a maximum of 15 days for any sum that has been paid by you or debited from your payment card for the returned goods. This refund will be made to you credit card or by bank transfer.  Please enclose details with your parcel.

Where we have made a charge for postage this will be deducted from your refund if the goods have been despatched to you.  Costs for processing of your order and shipping cannot be refunded.

Complaints

We value our customers’ satisfaction very highly.  If you have any complaints regarding the site or your order from this site, please email us at www.sales@tim-mckenna.com.


PRODUCT AND DELIVERY GUARANTEES

The customer should supply an address to which delivery can be made in normal working hours.  TMK-poster.com agrees to deliver all available products within the best time limits as soon as the order has been confirmed and paid for by the customer.
Delivery times depend on the destination country.  Freight costs are calculated according to destination and the number of items ordered.  All parcels are sent via postal services.

Possible delays do not give the customer the right to cancel the order, to refuse the goods or ask for compensation or damages.  In the case of damaged goods or non-delivery, the customer should send a letter of complaint to the carrier at the time of delivery, or to our after-sales service within 48 hours of receipt of the product, by post, email or by fax.

 All faulty items can be returned to us within ten days following receipt of the order, in its original packing stating the reason for the return as well as the transaction code.  We will exchange a faulty item as soon as possible. 

FORTUITOUS  EVENTS AND MAJOR EVENTS BEYOND OUR CONTROL

Tim McKenna  cannot be held responsible for delivery problems, damage, delays beyond his control, (ie strikes, floods, fire, cases of war, riot, insurrection,  transport, import or export problems, shortages, earthquake, storms, etc….).   Neither can he be held responsible for the use of products ordered from his site or of their content, the customer being the only person responsible for their use by himself or a third person.

LEGISLATION/LITIGATION

The full range of products proposed for sale on this website complies with French law.

In case of litigation regarding User’s contract, purchase, goods, or payment, the relevant jurisdiction in Bordeaux, France,  is the only  competent authority, no matter what the country of payment, country of residence of purchaser  or origin of the order.  All orders are subject to our terms and conditions.