1. Using this website Means You Agree to These Terms.
Please read these Terms of Use. By using this website you accept these Terms of Use. These are an agreement between you and the Mike Ponder online Gallery and govern your use of this website.
2. Explanation
These Terms of Use restrict your rights and remedies and provide protection to the Mike Ponder online Gallery. These also include warranty disclaimers and disclaimers of liability that are in all capital letters. If you dont agree or don.t want to accept these Terms of Use, you can elect not to access this website and not to buy from the Mike Ponder online Gallery. If anything is in these Terms of Use, including the warranty and liability disclaimers, that you disagree with or are not willing to be bound by, or if something is missing from these Terms of Use that you consider essential, then regretfully, you must not use this website.
3. Access and Use of Site
The Mike Ponder online Gallery lets you visit this website for your own use. You must not download or attempt to modify anything in this website and not interrupt or attempt to interrupt the operation of the website. You must not use this website for any unlawful purpose. You must not reproduce, duplicate, copy, sell, resell, display, or otherwise use all or any portion of this website for any commercial purpose. You must not link this website to any other site without our prior written consent.
4. Your Account
You are responsible to maintain the confidentiality of your account and password and to restrict access to your computer, and you accept responsibility for all activities that occur under your account or password.
5. Discretion to Provide or Cancel Service
The Mike Ponder online Gallery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
6. Product Descriptions
The Mike Ponder online Gallery attempts to be accurate in product descriptions. However, we do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it to us in the same condition as you received it from us.
7. Other Businesses
On the occassion that we provide links to sites of other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of those businesses or the content of their websites. We do not assume responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and their terms of use.
8. Warranty and Disclaimers
This website and its contents and all products offered or sold through this website are provided on an as is basis, with all faults, without warranty of any kind unless specifically noted, express or implied, as to any aspect of this website or the product, or their contents, accuracy, completeness, reliability, functionality or usefulness for any general or specific purpose.This website may contain inaccuracies, typographic and other errors. We disclaim any respresentation or warranty that servers used or email sent from the Mike Ponder online Gallery are free of viruses or other harmful components. We do not warrant that the website of any product will meet your requirements or will operate or function without interruption or be error free or free of defects. As stated above we disclaim all warranties of merchantability and fitness for a particular purpose and all other warranties. We disclain any representation or warranty regarding quality of services or products obtained or identified on this website, and any other aspect of services or products available through this website.
9. Liability Disclaimers
Neither the Mike Ponder online Gallery nor any of our shareholders, directors, officers, employees or other representatives, nor our advertisers, suppliers, independent contractors or affiliates, will be liable for injury, loss or damages of any kind arising from use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, arising directly or indirectly from or in connection with or related to the use of this website or by any negligent acts or omissions.
10. Broad Disclaimer and Limitation
The prior section (section 10) is a broad, comprehensive disclaimer and limitation of liability that applies to all injuries, losses and damages or any kind whatsoever, including, by way of example, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property, interruption to business or household or claims of third parties. This provision is for the benefit not only of the Mike Ponder online Gallery but also of each of the other categories of persons mentioned.
11. Privacy and Personal Information
We have a separate privacy policy. You can access our privacy policy by clicking on the Privacy Policy link on the left hand side of this page. Any personally identifiable information you may provide via this website is covered by the Privacy Policy.
12. You May Receive Mail and E-Mail
By using the website you consent to receive email from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Indemnification
By using the website you agree to indemnify, defend, and hold harmless the Mike Ponder online Gallery and its shareholders, directors, officers, employees, advertisers, suppliers, independent contractors, subsidiaries and affiliates from and against any and all liability and costs (including solicitors fees and costs) incurred by any or all of them relating to any claim arising out of your breach of these Terms of Use. This provision is to benefit not only the Mike Ponder online Gallery but also each of the indemnified persons, and each of them has the right to enforce this provision. You agree to cooperate in the defense of any claims.
14. Copyright
The contents of this website are the property solely of the Mike Ponder online Gallery or our content suppliers and are protected by copyright laws. This includes all website designs, text, graphics, interfaces, selection and arrangements, and all software. We reserve all rights under copyright laws and all other laws. We prohibit any other use of materials on this website, such as copying for any other purpose, modification, distribution, public performance or republication, without our prior written consent.
15. Trademarks
The Mike Ponder online Gallery and all titles, names, graphics and icons are service marks or trademarks of the Mike Ponder online Gallery. Our trademarks may not be used with any product or service not offered by the Mike Ponder online Gallery or in any manner that may confuse customers, vendors, or others, or that may falsely harm our reputation. Other trademarks, product names, company names or logos in or produced as a result of a search in this website are property of their respective owners.
16. Understanding and Interpreting These Terms of Use
The headings in these Terms of Use are just for convenience to make these easier to use. Headings aren't allowed to be used to interpret these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
17. International Users
This website is controlled, operated and administered by the Mike Ponder online Gallery from offices within Australia. We make no representation that materials at this site are appropriate or available for use outside Australia and access to them from territories, states or countries where viewing this website or purchasing items from this website is illegal is prohibited. You must not use the website or export any products purchased through this website in violation of Australian export laws and regulations.
18. Disputes
The Mike Ponder online Gallery is located and operates from Queensland Australia. You access this service by visiting our website. By visiting the Mike Ponder online Gallery, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and the Mike Ponder online Gallery. If we ever have a dispute about any matter, you agree that jurisdiction to bring the dispute will be exclusively in the Courts of Queensland, Australia.
19. Time Limit to Make a Claim
The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises, and if not brought within the shorter of these times, the claim is barred.
20. Who This Agreement Benefits and Binds
These Terms of Use benefit and bind you and us, and also benefits the people described in the Limitations of Liability and Warranty Disclaimers paragraphs and the indemnification paragraph. It is not intended to benefit or bind anyone else.
21. Non-Waiver
Our failure to insist on strict performance of any provision of these Terms of Use does not mean we waive that provision in the future.
22. Yours and Our Entire Agreement
These Terms of Use are our entire agreement about your use of the website.
23. We Can Change These Terms
We may change these Terms of Use, at any time, without notice. Any change is effective when we post the change on this website. Your use of the website after any change means you accept the changes. If you dont agree or are dissatisfied with a change we make, your only right is to stop using the website. We encourage you to check these Terms of Use frequently to remind yourself of their contents and to be aware of any changes.
24. Severability
If any of these provisions is found to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severed and will not affect the validity and enforceability of any remaining provisions.
25. Contacting Us
This website and the related functions, facilities and services are operated and maintained by Mike Ponder, at the URL: http://www.mikeponder.com. Our office postal address is: Mike Ponder Box 476 Sanctuary Cove Queensland 4212 Australia. Our telephone number is 617 5577 8458. We welcome your questions and comments. You may send these to us by mail to this address. Any formal notice must be sent to us at this address by registered mail, return receipt requested.