
PLEASE READ THE ENTIRE TERMS OF USE CAREFULLY. BY USING OR ACCESSING ANY OF THE SITES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS/USE ANY OF THE SITES. THE ARTIST DIRECT | ART + TECHNOLOGY RESERVES THE RIGHT TO REVISE THESE TERMS OF USE AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. THE ARTIST DIRECT | ART + TECHNOLOGY WILL POST THE LATEST VERSION OF THE AGREEMENT AT www.theartistdirect.com/terms.html. AT ALL TIMES, THE LATEST VERSION OF THE TERMS OF USE WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SHALL SUPERSEDE ANY OTHER VERSION. IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE SHOPPING CART, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US. BY USING ANY OF THE SITE'S CART, YOU DECLARE YOU ARE OVER THE AGE OF 13. PRICES: Our prices are set out on our web site in US Dollars. You are responsible for the disclosure and payment of any taxes which apply in the state and country to which the products are delivered. Prices remain in force until we publish new prices on our web site.Delivery charges apply and are displayed during the order process. While we try to ensure that all prices on our web site are accurate, mistakes can sometimes occur. If we discover an error in the price of products you have ordered we will contact you as soon as possible and give you the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as being cancelled. If the order is cancelled, we will refund any money which we have taken from you. All prices are subject to change. AVAILABILITY:
All orders are subject to availability of products and we will endeavor not to offer products that we cannot supply due to availability problems, such as coming to the end of a limited edition run. If products you order are not available we will notify you (where possible) and, if we have received the price and the delivery charges of the unavailable products, we will refund them to you within 30 days of your order unless you agree to a longer period. MEASURES AND ENFORCEMENT: Your failure to comply with any of the provisions mentioned under the User Conduct section or any other provision of THESE TERMS OF USE, automatically nullifies any obligation The Artist Direct | art + technology may have to contact you or provide you with any notice required by these Terms Of Use or by law. You hereby agree, that if The Artist Direct | art + technology believes, in its own discretion, that you directly may be connected with such activities, The Artist Direct | art + technology may be required to disclose such conduct and the suspected infringing user's Data and/or Information to the proper authorities. Without limiting the foregoing, art + technology reserves its right to terminate any account and/or remove any Data from any of the Sites if (a) it is brought to The Artist Direct | art + technology's attention that you and /or the Data may be in breach of any of your obligations, representations, or warranties hereunder, (b) The Artist Direct | art + technology is advised of a court order requiring removal of the Data or (c) any third-party claims are made relating to the Data. You agree to indemnify The Artist Direct | art + technology and hold it harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising from Data you submit or post to or through any of the Sites and/or any violation of any obligation hereunder. AMENDMENT OF PRODUCT: The Sites, associated services, functions, and any features, provided by The Artist Direct | art + technology may change from time to time. The Artist Direct | art + technology reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any Site, product and/or service provided by The Artist Direct | art + technology or any part thereof at its sole discretion and without notice to you. art + technology reserves the right to discontinue or to revise any of the Sites so it provides different features, features in different combinations, and/or different environment configurations. PROPRIETARY RIGHTS: The Artist Direct | art + technology, and/or The Artist Direct | art + technology's licensors, retain sole and exclusive ownership of all rights, title and interests in any of the Sites and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to any of the Sites and the technology related thereto. Without derogating from the license granted above, title and related rights in the content stored/ transmitted/ posted/ submitted and/or managed through any of the Sites are the property of the applicable content owner and may be protected by applicable law. This section shall survive termination and expiration of these Terms of Use and shall remain in full force and effect thereafter. DISCLAIMER OF WARRANTY AND LIABILITY: WITHOUT LIMITING ANY OF THE FOREGOING, The Artist Direct | ART + TECHNOLOGY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE CONTENT AND/OR DATA TRANSMITTED /STORED /POSTED /SUBMITTED AND/OR MANAGED AND/OR SENT BY YOU OR ANY THIRD PARTY THROUGH ANY OF THE SITES, AND TO THE OPERERATION OF ANY OF THE SITES, INCLUDING ANY EFFECT SUCH OPERATION MAY HAVE ON THIRD PARTIES PRODUCTS OR SERVICES. THE SITES AND ANY AND ALL DATA ARE PROVIDED "AS-IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LIMITATION OF LIABILITY: IN NO EVENT WILL The Artist Direct | ART + TECHNOLOGY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF ANY OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE SOLE REMEDY FOR ANY LIABILITY OF The Artist Direct | ART + TECHNOLOGY FOR ANY DIRECT DAMAGES SHALL BE THE RENEWAL\REPLACEMENT\REFUND OF ANY ARTWORK/PRODUCTS ORDERED ON ANY OF THE SITES. MISCELLANEOUS: (a) THESE TERMS OF USE constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, these Terms of Use shall be governed by the laws of the State of New York, USA without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Albany, New York shall have exclusive jurisdiction over all disputes between the parties; These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to its terms. CORRECT/UPDATE:
This site gives users the following options for changing and modifying information previously provided.
1. Email: help@theartistdirect.com 2. Send mail to the following postal address: p o box 2347, Albany, NY
12220-0347 CONTACT:
If you have any questions about this TERMS OF USE statement, the practices of this site, or your dealings with this Web site, you can contact
Customer Support: help@theartistdirect.com.
p o box 2347, Albany, NY
12220-0347 |