The titles and headings of the various sections and paragraphs in this Agreement are intended solely for reference and are not intended for any other purpose whatsoever or to explain, modify, or place any construction on any of the provisions of this Agreement.
This agreement is subject to change without notice. ArtRev.com reserves the right, at its sole discretion, to change any terms, conditions, and notices at any time, and such modifications shall be effective immediately upon the posting of such changes. You are therefore responsible for regularly reviewing this agreement and additional terms or notices posted on the website. Your continued access of the website shall be deemed your conclusive acceptance of the modified agreement. ArtRev.com will post a notice on the website (usually at the bottom of this agreement) of the date this agreement was last updated.
When you visit ArtRev.com or send emails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will often communicate with you electronically via email, telephone, or by facsimile. It is further understood that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT AND LICENSES
The entire content of this website, including but not limited to: text, typography, graphics, design elements, look and feel, logos, buttons, icons, flash and shockwave media, videos, is the property of ArtRev.com and/or its content suppliers and is protected by United States and international copyright and trademark laws. All content on this website that is not the property of ArtRev.com is used with permission. The arrangement and compilation of all content on this website are the exclusive property of ArtRev.com and are protected by U.S. and international copyright laws. All software used on this website is the property of ArtRev.com or its software suppliers and is protected by United States and international copyright laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website content without the prior express written consent of ArtRev.com, Inc. You may print this website solely for your own non-commercial use provided that you agree not to alter its content, change or delete any copyright or proprietary notices from the printed materials. The copyright of artworks displayed on ArtRev.com is held by either the artist, artist's estate, the artwork publisher, museum, or the artwork supplier and is protected by United States and international copyright and trademark laws. Bruce McGaw Graphics, Inc. images are used with permission. Jupiterimages Corporation images are licensed and used with permission.
TRADEMARKS / SERVICE MARKS
Certain marks used on the website are registered trademarks or service marks of ArtRev.com. "Decorate Your Life" is a registered trademark of ArtRev.com, Inc. Our trademarks and service marks may not be used for any commercial or any other purpose by any third party without prior written consent. All other trademarks and service marks not owned by ArtRev.com that appear on this website are the property of their respective owners, and may or may not be used without their prior written consent.
CLAIMS OF COPYRIGHT / TRADEMARK INFRINGEMENT
If you believe that your work has been copied, distributed, or used by ArtRev.com in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement Form , sign the form where indicated and mail it to ArtRev.com. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, ArtRev.com will remove such actual or alleged infringing content from the website pending our investigation.
FREE ACCOUNT REGISTRATION
ArtRev.com gives its website users the opportunity to sign up for free online accounts. This registration mechanism is required in order to access certain information and features on the ArtRev.com website. When a user decides to register for a free account, certain information will be required such as the user's email address. Newly registered users may be required to respond to an automated confirmation email in order to activate their free account. ArtRev.com has the right to monitor account activities and block access to any resources on the website, should it become necessary.
ACCOUNT INFORMATION & SECURITY
ArtRev.com is committed to handling your information with high standards of information security. We maintain physical, electronic and procedural safeguards that comply with federal regulations and industry security standards to guard your non-public personal information. We test our security systems regularly and may contract with outside companies to audit our security systems and processes.
You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account's User ID and Password. ArtRev.com has no obligation to investigate the authorization or source of any access or use of the website.
The security of your account with us relies heavily on your protection of your account User ID and password. You may not share your account information with anyone. ArtRev.com will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the ArtRev.com website.
Any email or other communication requesting your password, asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to ArtRev.com immediately. If you believe someone else has obtained access to your account, please change your account password immediately and notify us.
ArtRev.com grants you a limited, revocable, and non-exclusive license to access and make personal use of this website. The contents of the ArtRev.com website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial or non-commercial purpose without the express written consent of ArtRev.com. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to: images, text, multimedia content, page layout, or forms) without the express written consent of ArtRev.com. You may not use META tags or any other "hidden text" which utilize our domain names or any other derivative of our domain names, company name, or trademarks without the express written consent of ArtRev.com.
You are hereby granted a limited, revocable, and non-exclusive license to create hyperlinks to web pages located on ArtRev.com as long as such hyperlinks do not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed upon that ArtRev.com cannot and does not guarantee or warrant that files made available for downloading through the ArtRev.com website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through ArtRev.com are free from such contaminations.
PLEASE BE ADVISED THAT CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO VIEW AND USE OUR WEBSITE.
As a user of this website, you are responsible for your own communications and is responsible for the consequences of their posting. You agree that you will not use the website or any of its resources in any way to:
- Post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- Post, disseminate, or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of confidentiality or fiduciary duties;
- Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content transmitted through the website;
- Post, disseminate, or transmit any content you do not have the right to post, disseminate, or transmit;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- Interfere with, disrupt, or harm in any way the website or servers or networks connected to the website;
- Electronically stalk or otherwise harass another user;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- Use the website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website's providers, websites, chat rooms, or the like; or
- Intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.
USE OF IMAGES AND FREE RESOURCES
ArtRev.com offers certain features which involve the use of images of products and services, in addition to website resources. These features include, but are not limited to, our "Affiliate Resouces", "Free Widgets", "Link To Us", "RSS Feeds", "Email Page", "Send E-Card", "Add to Social Bookmark", and "Blog This" features. Please note that all images and resources provided with such features are protected by United States and international copyright laws and may not be used for any other purpose. Users of such features may not manipulate or alter any images or resources provided. The images may be protected by both visible and invisible watermark. Watermarks are traceable, and unauthorized use constitutes an enforceable infringement of copyright laws.
WEBSITE MONITORING AND BLOCKING
ArtRev.com has the right to monitor and block access to its technology resources and report misuse to the appropriate authorities.
INTERNET BOTS AND OTHER AUTOMATED SOFTWARE APPLICATIONS
- Properly identify themselves with a unique identifier (user-agent)
- Obey a set of rules as defined in a robots.txt file before proceeding to access any content
Failure to follow the conditions set herein will result in a permanent block of any resources and ArtRev.com may take further action to protect its resources and intellectual property rights; including any available legal remedies.
THIRD PARTY LINKS
ArtRev.com, or third parties on the website, may provide links to other websites and/or resources, including advertisers, over which ArtRev.com has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by ArtRev.com. Your access and use of such websites, including the content, items, or services on those websites, is solely at your own risk. ArtRev.com makes no representations or warranties with respect to the content, ownership, or legality of such linked websites or resources. You agree that ArtRev.com has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources.
PRODUCT DESCRIPTIONS, PRICES AND AVAILABILITY
ArtRev.com attempts to describe the products and services offered on the site as accurately as possible. However, ArtRev.com does not warrant that products and services descriptions and pricing, or other content of this website are accurate, complete, reliable, current, or error-free. If a product or service offered by ArtRev.com and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or account credit.
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on our website and when errors are discovered, we will correct them. Be advised that ArtRev.com reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email if your order has been canceled for any reason.
ORDER ACCEPTANCE & SHIPMENT
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received and verified, we will promptly locate the product(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. ArtRev.com is an online retail gallery and does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the website.
ORDER CANCELLATION & RETURN POLICY
Please visit our customer service online help section for more information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ARTREV.COM, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTREV.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTREV.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTREV.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAILS SENT FROM ARTREV.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTREV.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ARTREV.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ARTREV.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.
IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ARTREV.COM SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY ARTREV.COM IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO ARTREV.COM FOR A REFUND.
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 MAY HAVE ADDITIONAL RIGHTS.
IDEMNIFICATION & ACTIONS
You agree to indemnify and hold harmless ArtRev.com, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the website; content you submit, post, or transmit through the website; your breach of this agreement; and your connection to the website.
You agree to reimburse ArtRev.com, Inc. for its legal fees, costs and disbursements if ArtRev.com, Inc is successful in enforcing any of its rights under this Agreement.
You agree that any claim or cause of action arising out of your use of the website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
SEVERABILITY OF AGREEMENT
If any provision of the agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the agreement shall continue in full force and effect.
You agree that ArtRev.com may, in its sole discretion, and at any time, terminate your use of the website, and may remove or delete any or all of your content within the website, without prior notice to you for any reason that ArtRev.com, at its sole discretion, deems appropriate. You further agree that ArtRev.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the website. In the event of any termination of your use of or access to the website, you agree that the provisions of this agreement shall survive any such termination.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you viewing this website from.
INFORMATION REQUEST, COMMENTS, AND INQUIRIES
Please visit our customer service section for more information.
Last Revised on April 25, 2006 - This agreement is subject to change without notice.