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Welcome
to the web site of ArtXchangeNetwork.com, Inc. ("ArtXchangeNetwork.com", "us",
or "our"). Our services and products presented in the ArtXchangeNetwork.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
Policy
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 ArtXchangeNetwork.com does not regularly review content you
submit to this site, ArtXchangeNetwork.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 ArtXchangeNetwork.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 ArtXchangeNetwork.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
ArtXchangeNetwork.com deems appropriate, in its sole and exclusive discretion,
consistent with ArtXchangeNetwork.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 ArtXchangeNetwork.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
ArtXchangeNetwork.com is used with permission. The arrangement and compilation
of all content on this site are the exclusive property of ArtXchangeNetwork.com
and are protected by U.S. and international copyright laws. All software used
on this site is the property of ArtXchangeNetwork.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.
TRADEMARKS
Certain
marks used on our site are registered trademarks or service marks of
ArtXchangeNetwork.com, in the United States and other countries. Certain
ArtXchangeNetwork.com graphics, logos, page headers, button icons, scripts, and
service names are trademarks, service marks, or trade dress of
ArtXchangeNetwork.com or its affiliates. ArtXchangeNetwork.com's trademarks and
trade dress may not be used for any commercial or other purposes by any party
other than ArtXchangeNetwork.com or its affiliates without the prior written
consent of ArtXchangeNetwork.com. All other trademarks and service marks not
owned by ArtXchangeNetwork.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 ArtXchangeNetwork.com.
COPYRIGHT /
TRADEMARK COMPLIANCE COMPLAINTS
ArtXchangeNetwork.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 ArtXchangeNetwork.com by following the
procedure set forth in the immediately following paragraph.
ArtXchangeNetwork.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 ArtXchangeNetwork.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, ArtXchangeNetwork.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
ArtXchangeNetwork.com in a way that constitutes copyright or trademark
infringement, please provide ArtXchangeNetwork.com's agent with the written
information specified below. Please note that this procedure is exclusively for
notifying ArtXchangeNetwork.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.
ArtXchangeNetwork.com's
agent for notice of claims of copyright or trademark infringement relating to
its site can be reached as follows:
LICENSE AND
SITE ACCESS
ArtXchangeNetwork.com
grants you a limited, revocable, nonexclusive license to access and make
personal use of this site as a customer of ArtXchangeNetwork.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
ArtXchangeNetwork.com or through ArtXchangeNetwork.com's affiliate program (see
ArtXchangeNetwork.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 ArtXchangeNetwork.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 ArtXchangeNetwork.com or our affiliates without ArtXchangeNetwork.com's
prior written consent. You may not use any meta tags or any other "hidden text"
utilizing ArtXchangeNetwork.com's name or trademarks without the prior written
consent of ArtXchangeNetwork.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 ArtXchangeNetwork.com. You may not create any link to
use any ArtXchangeNetwork.com logo or other proprietary graphic or trademark as
part of the link without ArtXchangeNetwork.com's prior written permission or as
specifically provided for under ArtXchangeNetwork.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. ArtXchangeNetwork.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 contact@artxchangenetwork.com
RISK OF LOSS
All
products purchased from ArtXchangeNetwork.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.
EXPRESS
SHIPPING
ArtXchangeNetwork.com
offers express shipping. If you want to request an express shipment and the
product you are purchasing displays a message other than "usually ships in 24
hours", you must contact customer service at contact@artxchangenetwork.com
after you have created your order online. Customer service will process your
request upon receipt and validation of payment. All products purchased from
ArtXchangeNetwork.com that do not specify "Usually ships in 24 hours" will be
shipped by the requested method upon availability of the products purchased.
PRODUCT
DESCRIPTIONS
ArtXchangeNetwork.com
attempts to describe the products offered on the site as accurately as
possible. However, ArtXchangeNetwork.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 ArtXchangeNetwork.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
ARTXCHANGENETWORK.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, ARTXCHANGENETWORK.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, ARTXCHANGENETWORK.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.
ARTXCHANGENETWORK.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM ARTXCHANGENETWORK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ARTXCHANGENETWORK.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 Georgia, 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
ArtXchangeNetwork.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 ArtXchangeNetwork.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.
CONTACT US
ArtXchangeNetwork.com
SUBJECT TO CHANGE WITHOUT NOTICE
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© 2004-2005 The ArtXchange Network, LLC. All rights reserved.
Call Toll Free 1-866-801-5399
The ArtXchange Network the leading online print and poster retailer provides laminating services, posters,
art prints, paintings, canvas prints, vintage prints, vintage original posters, fine art prints, inspirational posters,
giclee prints, art reproductions and original art and photography.
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