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Terms and Conditions
Welcome to the Terms of Use (“User Agreement”) for the website Artforwall.com (“ArtForWall.com”).
These Terms of Use describe the terms and conditions applicable to your use of our services. You must read, and agree with all terms and conditions contained in this Terms of Use and the Privacy policy, which includes those terms and conditions expressed below and those incorporated by reference. Please notice that the use of www.ArtForWall.Com website constitutes an agreement to abide by the following terms and conditions. The “Artforwall” company reserves the right to amend these terms and conditions time-to-time and without prior notice.
1
The text, images, pictures, video, logos and data on the Art For Wall website (“Artforwall") are protected by copyright and covered by other legal restrictions. The “Artforwall” retains all rights including copyright, in data, images, software, documentation, video, text, and other information (“Content”) contained at this website. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the “Artforwall”. “Artforwall” holds all copyrights from the commissioned “Artforwall” artists. These copyrights include the rights of “reproduction,” “modification,” “distribution,” “public performance,” and “public display” rights, or otherwise known as an “artist’s bundle of rights.” These “bundle of rights” are held exclusively by “Artforwall,” and can be sold off in separate parts or better known as “divisible” copyrights. “Divisble” copyrights may be sold in individual units such as “one-time,” “first,” “exclusive,” “promotion,” “electronic,” “work for hire,” and/or “all” rights for “Artforwall” business gain and/or profit. All “divisible” copyrights will be considered as “licensing” as in the practice of leasing parts or groups of a “bundle of rights.”
2
The “Content” is not available for commercial, non-commercial, educational, and personal use, or for fair use as defined in the United States copyright laws. Customers/Users cannot download these files for their own use and are subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must cite the author and source of the “Content” as they would any material from any printed work. The citations should include the URL "www.ArtForWall.com." The “Artforwall” does not warrant use of the “Content” displayed on the site as “Artforwall” will not infringe the rights of third parties not owned by or affiliated with “Artforwall”. For example, some works may be under copyright by the artist or the artist's heirs. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright IE) “Artforwall.” Copying or redistribution of any material on the “Artforwall” website in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited.
3
The trademarks of third parties may also be displayed on this site. Nothing contained in this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks displayed on the site without the express written permission of the “Artforwall” or any third party that may own the trademarks displayed on the site. Any unauthorized use of the trademarks or any other ”Content”, except as authorized in these Terms and Conditions, is strictly prohibited. For personal or commercial use of any material from the “Artforwall” website, one may contact the business through phone or email to inquire about purchasing or distribution copyrights.
4
Your use of the Website, Content, and Services is at your own risk. The website content and services are provided “as is” or “as available” to the fullest extent allowed by law, the “Artforwall” makes no representations or warranties of any kind whatsoever for the website, content, or services either express or implied, including but not limited to the implied warranties of merchantability, non-infringement or negligence. Under no circumstances will the “Artforwall” be liable for any direct, indirect, special or consequential damages that are directly or indirectly related to the use of or the inability to use the website, “content” or services. In no event will the “Artforwall” be held liable for any damages, losses, and causes of action, whether in contract or tort, exceed the amount paid by you, if any in connection with your use of the website, “content” and services.
5
The “Artforwall” has not reviewed all of the sites linked to the site and is not responsible for the content of any off-site pages or other sites linked to the site. Your linking to any off-site pages or other sites is at your own risk. These linked sites are for banner advertising/sponsorship use only.
5a.
You may not use the “Artforwall” or any related services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that would or could constitute and/or encourage conduct that would be considered a criminal offense or give rise to civil liability and/or otherwise violate any law.
5b.
You may not use “Artforwall” or it’s services to send spam or any unsolicited email advertisements to any user of the website, or to the website itself, through voice computer systems.
5c.
You may not take any action that imposes or may impose an unreasonable or disproportionately large load on the “Artforwall” network infrastructure, as determined by the “Artforwall” in its sole discretion.
5d.
You may not interfere or attempt to interfere with the proper working of the “Artforwall” or any services.
5e.
You may not bypass any measures the “Artforwall” website may use to prevent or restrict access to the website, content, or services.
5f.
You may not link any material or content from any other website to this website in any manner such as to “frame” or “surround” “Artforwall” content with and/or by any other content, materials or branding.
6
The “Artforwall” website may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.
7
The “Artforwall” website may block, suspend or terminate your use of the website, content, or services at any time for any reason listed below. Reasons the “Artforwall” might do so include, but are not limited to, the following:
7a.
Your breach of this Agreement;
7b.
The “Artforwall” is unable to verify or authenticate any information you provide to us; or
7c.
The “Artforwall” believes that your actions could cause financial loss, legal liability and any negative connotation that may affect the business and/or reputation of “Artforwall” or other users of the website in any way; and
7d.
Routine network maintenance affecting all users.
8
The website is created and controlled by the “Artforwall” in the state of Michigan, USA. This agreement is governed by the laws of the state of Michigan and the United States and foreign countries terms of e-Commerce international law, without regard to its conflict of law principles. By using the website, content, or services, you hereby consent to the exclusive jurisdiction and venue of courts in Troy , Michigan of Oakland County in all disputes arising out of or relating to your use.
9
Refund/Exchange Policy of Sale
9a.
You have the right to cancel your order at any time up to the end of 7 business days after you receive the goods.
9b.
If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to “Artforwall” at your own cost, in unused and otherwise re-saleable condition. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged while they are still in your possession or in transit.
9c.
“Artforwall” will refund or re-credit you within 30 business days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods.
9d.
If you do not return the goods as required after exercising your right of cancellation within 7 business days, “Artforwall” may charge you for the direct costs of recovering the goods.
9e.
If you damage or defame any part of the purchased good from “Artforwall,” you as the buyer will hold all liability in the cost of fixing and/or refurbishing the good.
9f.
If you choose to exchange your purchased good, the buyer has 30 business days from the original date of the sale to exchange the good for equal and/or lesser value. If the new exchanged good is priced higher than the previous purchased good, it is up to the buyer to cover the total difference in cost.
9g.
Any exchanged good must be in an unused condition or otherwise re-saleable condition in order to exchange the god for a different good. Any damages to the good that will be exchanged shall be repaired and/or refurbished at the expense of the buyer. The repairs and/or refurbishings shall be done and completed before the buyer can exchange the good for another. All repairs and/or refurbishings must be evaluated and approved by a professional “Artforwall” dealer in order for the exchange to take place.
9h.
The buyer must agree, understand and accept all the above Terms and Conditions before all refunds and/or exchanges can be processed and completed. A waiver of understanding and consent must be signed and dated in agreement with the Terms and Conditions of “Artforwall.”
9i.
“Artforwall” holds the sole discretion of approving any refunds and/or exchanges, and bears the ability to not honor refunds and/or exchanges if the above Terms and Conditions are not met, understood and/or accepted by both parties.
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