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Welcome to Art.com! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by Art.com Inc.
License and Website Access
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
- engage in any activity that interferes with the website or another user's ability to use the website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
If you use the website, 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Art.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance / Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) 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 on the website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated and submit it to:
Attention: Legal Department
2100 Powell St, 13th Floor
Emeryville, CA 94608-1803
Fax: (510) 291-9634
Statement on Human Trafficking and Slavery
We are part of a global community and supply chain. We are selective of our vendors and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate the involvement of our suppliers in human trafficking and slavery, including sweatshops and forced or child labor. We obtain contractual representations from our vendors of their compliance with such laws and have the discretion to, with or without notice, inquire on their practices.
Notice to California Residents
Some of our products, such as our wood mounts and SwitchArt™ products, are made with composite wood products such as particleboard and medium density fiberboard (MDF). These wood components are tested for safety in accordance with the California Composite Wood Products Airborne Toxic Control Measure (ATCM). Our products comply with applicable Phase 2 formaldehyde emission standards.
Reviews, Comments, Communications and Other Content
Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner 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 commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.
Use of My Galleries
By default, any products, including images uploaded by you via photos to art, that you add to My Galleries will be accessible to view and purchase by any third party who has access to your email address. You may change the settings on your gallery or galleries to private at any time by clicking "Privacy" within a specific gallery.
Use of Facebook MyFrameShop Application
Use of Recommendation Services
We offer our website users certain services that involve the use of images of our products. These include, but are not limited to, our "Tell-A-Friend," "Blog This" and "Send a e-Card" services. The product images provided through these services are protected by international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our website.
Suggestions and Ideas
Visitors may submit suggestions, ideas, or questions, to email@example.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Limitation of Liability
We do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
Subject To Change Without Notice; Severability
Updated April 2015