Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the website www.morahanartsandmedia.com (the "Website") and the services provided by Morahan Arts & Media LLC ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, please do not use our Website or services.

This agreement is governed by the laws of New York, without regard to its conflict of law provisions, and the competent courts of New York will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website or use of our Services.

Description of Service

The "Services" provided by Morahan Arts and Media ("Service Provider") encompass the access and use of the Service Provider's website, including any content, functionality, and services offered on or through the website, whether as a guest or a registered user. The Services are available to any individual or entity ("User") that accesses or uses them in accordance with the Terms of Service ("Terms").

The scope of the Services may be updated, expanded, reduced, or otherwise modified by the Service Provider at its sole discretion without prior notice to the User. Users are encouraged to review the Terms regularly to be aware of any changes. The use of the Services constitutes acceptance of the Terms, including any updates or modifications thereto.

User Conduct

This User Conduct clause outlines the standards and behaviors expected of Users while accessing or using the Services. By accessing or using the Services, Users agree to comply with these standards and to not engage in prohibited activities as outlined below:

  1. Users shall not use the Services for any unlawful purposes, including but not limited to, violating any local, state, federal, or international laws.

  2. Users shall not upload, post, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexually explicit, or is in any way objectionable as determined by the Service Provider in its sole discretion.

  3. Users shall not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  4. Users shall not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity.

  5. Users shall not make unauthorized use of the Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

  6. Users shall not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services are located or connected.

Violation of this User Conduct clause may result in the termination of your access to the Services, at the sole discretion of the Service Provider. Additionally, the Service Provider reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to copyright, text, graphics, logos, images, and software, are owned by the Service Provider or its licensors. The User acknowledges that such rights are protected by law, including but not limited to copyright and trademark laws of New York and international conventions. The User agrees not to copy, reproduce, redistribute, transmit, sell, license, or otherwise exploit any content or technology from the Services without the express written permission of the Service Provider.

Any use of the Services not expressly permitted by the Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Service Provider reserves the right to terminate access to the Services for any User who infringes upon the Service Provider's intellectual property rights.

Content Submitted to the Website

By submitting any content (including, but not limited to, text, images, videos, and audio) to the website operated by Morahan Arts and Media (the "Service Provider"), you, the User, hereby grant the Service Provider a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted content in connection with the Services and the Service Provider's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You also represent and warrant that:

  • The content is your original work or you have the right to grant the license set forth in this section;

  • The submission of the content does not violate any applicable laws, the rights of any third party, or the Terms;

  • All content submitted is accurate, not misleading, and not in violation of any contractual restrictions or other third party rights.

It is the User's responsibility to ensure that any content submitted does not infringe on any third party's intellectual property rights or violate any applicable laws. The Service Provider reserves the right to remove any content at any time without prior notice if it is determined that the content violates these Terms, any applicable laws, or any third party's rights.

Termination

This Termination clause sets forth the conditions under which either the Service Provider or the User may terminate their use of the Services. The Service Provider reserves the right to terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches the Terms. Upon termination, the User's right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The User must destroy any downloaded materials in their possession whether in electronic or printed format upon termination.

Disclaimer 

THE SERVICES PROVIDED BY MORAHAN ARTS AND MEDIA ("SERVICE PROVIDER") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE SERVICE PROVIDER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT THE USER'S SOLE RISK.

Amendments to Terms of Service

The Service Provider reserves the right, at its sole discretion, to modify or replace any part of the Terms at any time. It is the User's responsibility to check the Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to the Terms constitutes acceptance of those changes. The Service Provider may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to the current Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, Morahan Arts and Media ("Service Provider"), its officers, directors, employees, or agents shall not be liable to any User or third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for loss of use, lost profits, or lost data arising out of or relating to the use of the Services, or the content provided therein. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), warranty, or otherwise, even if the Service Provider has been advised of the possibility of such damages. However, nothing in these Terms excludes or limits our liability for any liability that cannot be legally excluded or limited under New York law.

Notwithstanding any provision to the contrary within these Terms, the Service Provider's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Service Provider for the Services during the term of your use.

This Limitation of Liability clause is to be read in conjunction with the Indemnification clause and does not limit any rights you may have which cannot be lawfully excluded or limited by contract under the laws of New York.

Indemnification

The User agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Services from and against all direct losses, expenses, damages, and costs, including reasonable attorneys' fees, that result directly from the User's: (1) material violation of these Terms; (2) intentional misconduct or gross negligence; or (3) actual infringement of intellectual property or other third-party rights. The Service Provider will provide prompt notice of any such claim or demand and reasonable cooperation in the User's defense of such matters.

This indemnification obligation will survive the termination of these Terms and the User's use of the Services.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

In the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof, the parties shall first attempt to settle the dispute through good faith negotiation for 60 days. If no resolution is reached, all disputes shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. By agreeing to arbitrate, both parties acknowledge and agree that they are waiving their right to sue in court and have a trial by jury. No class actions or other consolidated or representative proceedings will be permitted; arbitration must be conducted on an individual basis.

The arbitration shall take place in New York, New York, and shall be conducted in the English language. The arbitrator's decision shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the Service Provider may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights or property of the Service Provider pending the completion of arbitration.

Governing Law

This Agreement and any disputes arising out of or related to the Services or these Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the city of New York and County of New York. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Contact Information

If you have any questions about these Terms, please contact us at:

Morahan Arts and Media LLC

  • Email: katlyn@morahanartsandmedia.com

  • Mailing Address: 100 West 93rd Street, Apt. 7J, New York, NY, United States, 10025


These Terms of Service were last updated on June 10, 2025.