Tim-mcKenna Webiste Rules
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
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: email@example.com
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. 18.104.22.168). 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 :
Billing Address (for Credit Card Orders)
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.
Revision: 15 August 2004