Terms of Use
Welcome to the web site of
artsales.com. ("artsales.com", "us",
or "our"). Our services
and products presented in the
artsales.com web site ("site")
are provided subject to the
following terms and conditions.
If you visit the site, you
agree to be bound by these
terms and conditions as in
effect at the time of your
visit. Please read them carefully.
PRIVACY
You should review
the terms and conditions of
our Privacy
Policy, by which you also agree
to be bound as a condition
of visiting and/or shopping
at the site.
ELECTRONIC COMMUNICATIONS
When you visit the site or
send e-mails to us, you are
communicating with us electronically.
You consent to receive communications
from us electronically. You
agree that all agreements,
notices, disclosures and other
communications that we provide
to you electronically satisfy
any and all legal requirement
that such communications be
in writing.
USE OF MESSAGE SERVICES
You agree not to use this
site to submit, transmit, or
otherwise
make available in any manner,
including, but not limited
to, sending a message card
in conjunction with an order,
any content (i) that is unlawful,
harmful, obscene, hateful,
threatening, abusive, defamatory,
harassing, libelous, invasive
of another's privacy, or is
otherwise objectionable, (ii)
that infringes the intellectual
property rights of any party
or (iii) which contains a chain
letter or constitutes any form
of mass mailing. You may not
use a false e-mail address
or otherwise provide information
that would be misleading as
to the origin of such content.
Though artsales.com does not
regularly review content you
submit to
this site, artsales.com reserves
the right to edit such content
in any way and to refuse to
process any orders including
content that violates these
Terms of Use or that artsales.com
finds objectionable for any
or no reason. You represent
and warrant that you possess
all necessary rights to use
the content that you submit
to this site and that use of
such content does not violate
these Terms of Use. You agree
to defend, indemnify, and hold
artsales.com harmless from
and against any and all claims
arising
out of or relating to any content
that you submit to this site.
By submitting content to this
site, you automatically grant,
or warrant that the owner of
such content has expressly
granted, a royalty-free, perpetual,
irrevocable right and license
to use the content in any manner
that artsales.com deems appropriate,
in its sole and exclusive discretion,
consistent with artsales.com's
Privacy Policy.
COPYRIGHT
All content included on this
site, such as, but not limited
to, images, text, graphics,
logos, and button icons, is
the property of artsales.com
or its content suppliers and
is
protected by United States
and international copyright
laws. All content on this site
that is not the property of
artsales.com is used with permission.
The arrangement and compilation
of all content on this site
are the exclusive property
of artsales.com and are protected
by U.S. and international copyright
laws. All software used on
this site is the property of
artsales.com or its software
suppliers and is protected
by United
States and international copyright
laws. Display and use of certain
images on the site are subject
to additional conditions as
set forth in the "Special
Conditions" section below.
artsales.com suppliers include:
Sedona New Media
Comstock Sculpture Studio.
TRADEMARKS
Certain marks
used on our site are registered
trademarks or
service marks of artsales.com,
in the United States and other
countries. Certain artsales.com
graphics, logos, page headers,
button icons, scripts, and
service names are trademarks,
service marks, or trade dress
of artsales.com or its affiliates.
artsales.com's trademarks and
trade
dress may not be used for any
commercial or other purposes
by any party other than artsales.com
or its affiliates without the
prior written consent of artsales.com.
All other trademarks and service
marks not owned by artsales.com
or its affiliates or subsidiaries
that appear on this site are
the property of their respective
owners, who may or may not
be affiliated with, connected
to, or sponsored by artsales.com.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
artsales.com honors the intellectual
property rights of others.
If you believe that your
work has been copied or used
on
this site in a way that constitutes
copyright or trademark infringement,
please notify artsales.com
by following the procedure
set forth in
the immediately following
paragraph. artsales.com does
not reproduce
or manufacture any products
that it offers on its site,
but rather purchases product
from various suppliers that
claim to have sufficient
rights to sell their products
to artsales.com
for display on our site and
sale to our customers. Upon
receipt of any bona fide
claim of infringement, or upon
becoming
aware of any actual or alleged
infringement by any other
means, artsales.com will remove
such
actual or alleged infringing
products
from the site pending our
investigation.
Notice and Procedure for Making
Claims of Copyright / Trademark
Infringement
If you believe that your
work has been copied, distributed,
or used by artsales.com in
a way that constitutes copyright
or trademark infringement,
please provide artsales.com's
agent
with the written information
specified below. Please note
that this procedure is exclusively
for notifying artsales.com
and its affiliates of your
belief that
your copyrighted material
or
trademark(s) has been infringed.
An electronic or physical
signature of the person
authorized to
act on behalf of the owner
of the copyright or trademark
interest; A
description of the copyrighted
work or trademark that
you claim has been infringed;
A description of the site
location of the claimed
infringing material,
including the ID number,
if applicable;
Your address, telephone
number, and e-mail address;
A statement by you that
you have a good-faith belief
that the claimed infringing
use
is not authorized by the
copyright or trademark
owner,
its duly
authorized agent, or the
law;
A statement by you that
the above information in
your
notice is accurate and
that you are
the copyright or trademark
owner or are authorized
to act on the copyright
or trademark
owner's behalf.
artsales.com's agent for
notice of claims of copyright
or trademark
infringement relating to
its site can be reached
as follows:
artsales.com
1201 W. Thornton Parkway #313
Thornton, CO 80260
LICENSE AND SITE ACCESS
artsales.com grants you a
limited, revocable, nonexclusive
license
to access and make personal
use of this site as a customer
of artsales.com; however, you
are not permitted to download
(other
than page caching) or modify
the site or its contents, or
any portion thereof, without
the prior written consent of
artsales.com or through artsales.com's
affiliate program (see artsales.com's
Affiliate Program Agreement).
This license does not include
any resale or commercial use
of this site or commercial
use of its contents, or any
portion thereof; any collection
and use of any product listings,
descriptions, or prices; any
derivative use of this site
or its contents; any downloading
or copying of account information
for the benefit of another
party; or any use of data mining,
robots, or similar data gathering
and extraction tools. This
site, in whole or in part,
may not be reproduced, duplicated,
copied, sold, resold, visited,
or otherwise exploited for
any commercial purpose without
the prior written consent of
artsales.com. You may not frame
or utilize framing techniques
to enclose any trademark, logo,
or other proprietary information
(including images, text, page
layout, or form) of artsales.com
or our affiliates without artsales.com's
prior written consent. You
may not use any meta tags or
any other "hidden text" utilizing
artsales.com's name or trademarks
without the prior written consent
of artsales.com. Any use of
this site or its contents that
is
not expressly authorized herein
is prohibited and immediately
terminates the license granted
herein by artsales.com. You
may not create any link to
use
any artsales.com logo or other
proprietary graphic or trademark
as part
of the link without artsales.com's
prior written permission or
as specifically provided for
under artsales.com's Affiliate
Program as referenced above.
YOUR ACCOUNT
If you use this site, you
are responsible for maintaining
the confidentiality of your
account and password and for
restricting access to your
computer, and you agree to
accept responsibility for all
activities that occur under
your account or password. artsales.com
and its affiliates reserve
the right to refuse service,
terminate accounts, remove
or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
Visitors may send reviews,
comments, and other communications,
and submit suggestions, ideas,
or questions, to questions@artsales.com.
RISK OF LOSS
All products purchased from
artsales.com are made pursuant
to a shipment contract. This
means
that the risk of loss and title
for such products pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
artsales.com attempts to
describe the products offered
on the
site as accurately as possible.
However, artsales.com does
not warrant that product
descriptions or
other content of this site
are accurate, complete, reliable,
current, or error-free. If
a product offered by artsales.com
and purchased by you is not
as described, your sole remedy
is to return it in unused
condition for a refund or credit.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
artsales.com WARRANTS THAT
THE PRODUCTS PROVIDED
ON THIS SITE WILL
CONFORM SUBSTANTIALLY
TO THE CORRESPONDING DESCRIPTIONS
ON THE SITE WHEN ORDERED.
EXCEPT
FOR THE WARRANTY IN THE
IMMEDIATELY PRECEDING
SENTENCE,
artsales.com
MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY
KIND, EXPRESS
OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR
THE INFORMATION,
CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON
THIS SITE, AND
YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE
IS OTHERWISE
AT YOUR SOLE RISK. YOUR
SOLE REMEDY FOR BREACH
OF THE
WARRANTY CONTAINED IN
THIS PARAGRAPH
IS RETURN FOR REFUND
OR CONFORMING REPLACEMENT.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, artsales.com
DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
SYSTEM INTEGRATION, DATA ACCURACY,
AND QUIET ENJOYMENT. artsales.com
DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL
SENT FROM artsales.com ARE FREE
OF VIRUSES OR OTHER HARMFUL
COMPONENTS. artsales.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, OR CONSEQUENTIAL
DAMAGES.
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
MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the site, you
agree that the laws of
the state
of Colorado, without
regard to principles of
conflict of laws, will govern
this
Terms and Conditions
of Use agreement
and any dispute of any
sort that might arise between
you and artsales.com
relating
to that
agreement.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
Please review our other
policies, such as our
Privacy Policy,
posted on this site.
These policies also
govern your
visit to artsales.com.
We reserve the
right to make changes
to our site, policies,
and
this Terms
and Conditions of Use
agreement at any time
and in our
sole discretion; therefore,
you
should review those
policies, terms, and conditions
each time you visit
the
site.
Your continued use
of the site after
we make any such changes
constitutes your binding
acceptance of
those changes. If any
of the terms or conditions
herein shall be deemed
invalid,
void,
or for any reason unenforceable,
that term or condition
shall be deemed severable
and shall
not affect the validity
and enforceability
of any
remaining
term or condition.
ADVERTISING
TERMS & CONDITIONS
artsales.com reserves the
right to hold Advertiser and
its authorized advertising
agent jointly
and severally liable for any and all
amounts owed. If payments are
not made in a timely
manner, artsales.com, at its option,
may terminate this Agreement
immediately.
COMMITMENT TO FULFILLING TERMS
OF AGREEMENT
Advertisers and/or
its agencies understand that
all discounts given are based
on the Advertiser's commitment
to fulfilling the Agreement.
If, for any reason, this
frequency is not met by the
time of expiration
or cancellation of the Contract,
Advertiser agrees to pay
a short rate charge on all
ads
run based on the applicable
rate card for the actual
frequency completed.
RIGHT TO REFUSE UNACCEPTABLE
ADVERTISING
artsales.com reserves
the right to refuse any advertisement
banner that does not completely
conform to every detail,
artsales.com reserves the right
to refuse
any advertisement banner
that does not arrive five (5)days
before the advertisement
is
to be placed online. artsales.com
does not accept advertising
from companies that produce
or provide tobacco, alcohol,
or pornographic products
or services (which artsales.com
shall have complete discretion
to define), or their subsidiaries,
or foundations funded by
such
companies whose function
is to improve acceptance of
such
products by the public. This
Agreement is voidable by
artsales.com immediately if
Advertiser fails
to disclose (or conceals
or misrepresents) any involvement
with tobacco, alcohol, or
pornographic
products or services. In
addition, artsales.com may
in its complete
discretion refuse the use
of any other advertising that
it deems appropriate.
USAGE STATISTICS: artsales.com
MAKES NO GUARANTEE THAT USAGE
STATISTICS WILL BE EQUAL TO
ANY PUBLISHED NUMBERS AT ANY
GIVEN TIME. artsales.com SHALL
NOT BE HELD LIABLE FOR ANY
CLAIMS AS THEY RELATE TO SAID
USAGE STATISTICS.
TRUTH IN ADVERTISING / INDEMNIFICATION
FOR LIABILITY
Advertiser is
solely responsible for any
legal liability arising out
of or relating to (1) the
Advertisement, and/or (2) any
material to
which users can link through
the Advertisement. Advertiser
represents and warrants that
the Advertisement and Link
comply with artsales.com's
advertising standards; and
that it holds the necessary
rights to permit the use
of the Advertisement and Link
by artsales.com for the purpose
of this Agreement; and that
the use, reproduction, distribution,
or transmission of the Advertisement
will not violate any criminal
laws or any rights of any
third
parties, including, but not
limited to, such violations
as infringement or misappropriation
of any copyright, patent,
trademark, trade secret, music,
image,
or other proprietary or property
right, false advertising,
unfair competition, defamation,
invasion
of privacy or rights of celebrity,
violation of any anti-discrimination
law or regulation, or any
other right of any person or
entity.
Advertiser agrees to indemnify
artsales.com and to hold
artsales.com harmless from
any and all liability,
loss, damages, claims, or
causes of action, including
reasonable
legal fees and expenses that
may be incurred by artsales.com,
arising out of or related
to Advertiser's breach of any
of the foregoing representations
and warranties. Advertiser
agrees to request that artsales.com
be listed as an additional
insured on any policy issued
to Advertiser pursuant to
which
there could be coverage for
any of the forms of legal
liability described in this
paragraph.
LIMITATION ON DAMAGES: IN
NO EVENT WILL artsales.com
BE LIABLE TO ADVERTISER FOR
ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER
BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, AND WHETHER OR
NOT artsales.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH
DAMAGE.
ASSIGNMENT
Advertiser may
not assign this agreement,
in whole or in part, without
artsales.com's written consent.
Any attempt to assign this
Agreement without such consent
will be null and void.
GOVERNING LAW
This Agreement
will be governed by and construed
in accordance with the laws
of the State of Colorado.
ENTIRE AGREEMENT
This Agreement
and any and all exhibits
and attachments are the complete
and exclusive agreement between
the parties with respect
to
the subject matter hereof,
superseding and replacing
any and all prior agreements,
communications,
and understandings (both
written and oral) regarding
such subject
matter, provided that all
pricing will be governed by
artsales.com's
rate card, whether printed
on paper or electronically.
The terms and conditions
of this Agreement will prevail
over any contrary or inconsistent
terms in any purchase order.
This Agreement may only be
modified, or any rights under
it waived, by a written document
executed by both parties.
artsales.com
may change this agreement
at any time without notice.
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