Terms and Conditions

MACDONALD GALLERY – TERMS OF SERVICE

Last Updated: [Insert date you publish]

1. Introduction

Welcome to MacDonald Gallery (the “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of www.macdonaldgallery.com and any associated online stores, platforms, or services (collectively, the “Website”). By accessing or using the Website, purchasing products, or interacting with our services, you agree to be bound by these Terms.

If additional contracts apply to certain products or services (such as licensing agreements, collector guarantees, or artwork purchase contracts), those additional terms will govern in the event of a conflict.

2. Binding Agreement

By using this Website, creating an account, or purchasing any product, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must discontinue use of the Website.

We may require explicit acceptance for certain features or transactions.

3. Electronic Communications

You consent to receive communications from us electronically, including emails, notices posted on the Website, or other digital communication methods. You acknowledge that such communications satisfy any legal requirements for “written” communications.

4. Intellectual Property Rights

4.1 Ownership

All content appearing on the Website—including artwork, images, videos, designs, text, graphics, layout, software, data, and all other materials—is owned by MacDonald Gallery or its licensors and is protected under U.S. and international copyright, trademark, and intellectual property laws.

4.2 Trademarks

Auraism™ and Abstract Auras™ are trademarks of Robert MacDonald and identify, respectively, a proprietary creative method and an exclusive fine art series. Unauthorized use is strictly prohibited.

No right or license to use any trademark owned by the Company is granted unless expressly authorized in writing.

4.3 Restrictions

Except as permitted by law or with our express written consent, you may not:

  • copy, modify, reproduce, distribute, publish, or display any Website content

  • frame or embed Website content

  • reverse-engineer or decompile any part of the Website

  • use our artwork, trademarks, or proprietary methods in advertising, marketing, or description of your own products or services

Violation of this section may constitute trademark infringement, copyright infringement, or unauthorized commercial use.

5. Newsletter Use

You may forward our newsletter electronically to others provided it remains unaltered.

6. Third-Party Links

Our Website may contain links to third-party sites. We do not control or endorse these sites. You access such sites at your own risk, and we are not responsible for their content, privacy practices, or terms.

7. Responsible Use

You agree not to:

  • use the Website for unlawful purposes

  • distribute malware or malicious code

  • conduct automated data scraping

  • disrupt the Website’s performance

  • use the Website to engage in harassment, defamation, or unauthorized marketing

Violations may result in termination of access.

8. Account Registration

If you create an account, you are responsible for maintaining the confidentiality of login credentials and all activity under your account. You agree to notify us immediately of any unauthorized use. You may not create a new account if your prior account was terminated without our consent.

9. Refund and Return Policy

Art, print, apparel, and digital product returns are governed by our posted Refund & Return Policy, which is incorporated into these Terms by reference.

10. Idea Submission Policy

Do not submit proprietary ideas or inventions without a signed written agreement. If you submit content without such agreement, you grant us a worldwide, perpetual, royalty-free license to use, reproduce, publish, and distribute such content without obligation to you.

11. Termination of Use

We may suspend or terminate your access to the Website at any time, without notice, for any violation of these Terms. We are not liable for loss of data, content, or access rights resulting from such termination.

12. Warranties and Disclaimers

The Website, products, and all content are provided “as is” and “as available.” We expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that:

  • the Website will function uninterrupted or error-free

  • products will meet your expectations

  • digital images accurately depict physical artwork colors (screens vary)

Nothing herein constitutes legal, financial, or medical advice.

13. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, punitive, or consequential damages, including loss of profits, data, or business.

  • Our maximum aggregate liability for all claims relating to any Website purchase or service shall not exceed $500.

  • You assume all risks associated with purchasing original artwork, including natural variations, color differences, and handling.

Some states do not allow certain exclusions, so these limitations may not apply to you.

14. Privacy

Your use of the Website is subject to our Privacy Policy and Cookie Policy. You agree that all information you provide will be accurate and kept current.

15. Legal Compliance & Export Restrictions

You may not access or use the Website from jurisdictions where doing so is illegal. You agree to comply with all U.S. laws, including export regulations.

16. Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights or obligations at any time.

17. No Agency / No Partnership

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and MacDonald Gallery. You may not represent or imply that you are authorized to act on behalf of the Company.

18. Indemnification

You agree to indemnify and hold harmless MacDonald Gallery, its owners, employees, and agents from any claims, losses, damages, liabilities, or expenses arising out of:

  • your use of the Website

  • your violation of these Terms

  • your infringement of intellectual property rights

19. Force Majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, war, labor disputes, power failures, or government actions.

20. Arbitration Agreement

To the fullest extent permitted by law, any dispute arising out of these Terms or your use of the Website shall be resolved exclusively through binding arbitration in Nashville, Tennessee, under the rules of the American Arbitration Association.
No class actions or collective proceedings are permitted.

You waive your right to a jury trial.

21. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect. Any invalid provision will be modified to the minimum extent necessary to achieve its intended purpose.

22. Modifications to Terms

We may update or modify these Terms at any time. The revision date at the top indicates the latest update. Continued use of the Website constitutes acceptance of the modified Terms.

23. Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts of Nashville, Tennessee.

24. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Refund & Return Policy, and any additional agreements applicable to specific products or services, constitute the entire agreement between you and MacDonald Gallery.

25. Contact Information

MacDonald Gallery
11 Music Square E
Nashville, TN 37203
Email: support@macdonaldgallery.com