| Art Revolution Terms of Use Agreement - last updated January 2, 2007 |
Terms of Use Agreement - last updated January 2, 2007
Welcome to the website of Art Revolution, Inc. (herein known as "Art Revolution", "us", or "our"). The services and products presented in this website, http://www.ArtRevolution.ORG (herein known as "Website") are offered subject to the terms and conditions in this agreement. By visiting or using our Website, you agree to be bound by these terms and conditions as well as other policies referenced in these terms and conditions, (collectively known as the "Agreement"), as they are in effect at the time of your visit. Please read this Terms of Use Agreement, the Privacy Policy and the other referenced policies carefully before accessing the Website.
If you do not agree to the terms and conditions of this Agreement, do not visit or use the services of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement or any portion of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of any Art Revolution services ( hereinafter to be known as "Service") after modifications are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be modified or amended.
Children. Because of the nature of this Website, it may not be suitable for children. Content may contain material depicting violence, nudity or sexually explicit activity or other unsuitable images. This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
This Agreement is effective on the date last updated posted above.
1. Services and Products
a. Art Revolution connects artists and buyers, displaying the art and fulfilling the production and distribution to the buyer. Buyers may select art for purchase from a searchable catalog and specify manufacturing terms (such as size, matting, or frame).
b. Grants and restrictions.
(i) You may access and make personal use of this site to browse or become a customer or member of Art Revolution
(ii) 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 Art Revolution. You may not download or copy any account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not copy, sell, resell, visit, or otherwise exploit this site or its contents, or any portion thereof for any commercial purpose without the prior written consent of Art Revolution. You may not create any link to; use any Art Revolution logo or other proprietary graphic or trademark as part of the link to; or frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Art Revolution without Art Revolution's prior written consent. You may not use any hidden meta tags or any other "hidden text" utilizing Art Revolution's name or trademarks without the prior written consent of Art Revolution.
(iii) Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by Art Revolution.
2. Your Obligations.
a. Electronic communications. When you visit the site or send e-mails to us, you are communicating with us electronically and 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.
b. Reviews, Comments, Communications, And Other Content -Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to Support@ArtRevolution.ORG. Any such communications, reviews, comments, suggestions, ideas or questions sent to Art Revolution shall become the property of Art Revolution and Art Revolution may use them in any legal manner.
c. Communication and messages. You agree not to use this site to transmit, or otherwise make available in any manner, including, but not limited to, sending a message 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.
3. Disclaimer of Warranties.
a. Art Revolution.ORG website. THE WEBSITE IS PROVIDED BY ART REVOLUTION ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS, HOWEVER ART REVOLUTION WARRANTS THAT THE PRODUCTS DISPLAYED ON THIS WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE WEBSITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, ART REVOLUTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ART REVOLUTION DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF DATA OF THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE, AND QUIET ENJOYMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS OTHERWISE AT YOUR SOLE RISK.
b. Third Party Websites. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You should contact the Website administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage You to review said privacy policies of third-parties' sites. ART REVOLUTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ART REVOLUTION WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ART REVOLUTION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
c. Remedies. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS SECTION IS RETURN FOR REFUND OR CONFORMING REPLACEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IF YOU ARE IN SUCH A JURISDICTION THE EXCLUSION IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
4. Limitation of Liability.
a. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ART REVOLUTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
b. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ART REVOLUTION (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $100 OR THE COMPENSATION YOU PAID ART REVOLUTION, WHICHEVER IS LESS.
c. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
5. Indemnification
You agree to indemnify and hold Art Revolution, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Service, the violation of this Agreement, or infringement by You, or other user of the Service using Your computer, of any intellectual property or any other right of any person or entity.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Artists, their representatives or collected from publicly available sources. While Art Revolution makes every effort to ensure that the information on this website is accurate, Art Revolution makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction
Our website is operated and provided in the State of California in the United States. As such, we are subject to the laws of the State of California and the federal laws of the U.S., and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site and we make no representation that our website or other services are appropriate, legal or available for use in your or other locations. Accordingly, if you choose to access our Website you do so at your own risk and you agree to do so subject to the internal laws of the State California.
8. Compliance with Laws.
You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to 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. You are responsible for compliance with the laws of your jurisdiction.
9. Privacy. You agree to be governed by the Privacy Policy which may change form time to time.
10. Copyright and Trademark Information
a. All content included or available on this Website, including site design, logos, button icons, images, text, graphics, interfaces, and the selection, compilation, and arrangements thereof is copyrighted by Art Revolution, with all rights reserved, or is the property of Art Revolution or third parties protected by U.S. and international copyright laws and other intellectual property rights. All content on this Website that is not the property of Art Revolution is used with permission. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Art Revolution is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Art Revolution.
b. Certain Art Revolution graphics, logos, page headers, button icons, scripts, and service names including but not limited to Art Revolution™ and Art Revolution.org™ are trademarks, service marks, or trade dress of Art Revolution or its affiliates. Art Revolution's trademarks may not be used in connection with any product or service that is not provided by Art Revolution, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Art Revolution.
c. All other trademarks and service marks displayed on Art Revolution's Website are the trademarks and service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those trademark owners endorse or have any affiliation with Art Revolution.
11. Notification of Claimed Copyright Infringement
If you believe that your work has been copied or used on this Website in a way that constitutes copyright or trademark infringement please refer to the Copyright Policy for further instruction and information.
12. Other Terms
a. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
b. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Art Revolution, in our sole discretion, to a third party in the event of a merger or acquisition.
c. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation in the services of this Website.
d. You agree that by accepting this Terms of Use Agreement, You are consenting to the use and disclosure of Your personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].
CONTACT US
Art Revolution, Inc.
P.O. Box 99471
San Diego, CA 92169-1471
support@artrevolution.org
SUBJECT TO CHANGE WITHOUT NOTICE
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