the artist direct
     

11 11th, 2011
 
terms of use

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.

ACCEPTANCE OF YOUR ORDER: We must receive payment of the price of the products and the delivery charges before we can accept your order. We reserve the right to restrict the number of products you may order and to refuse any order. If you have provided us with your email address you will receive an email from us confirming that we have received your order. This email is sent automatically and does not mean that we have accepted your order. We will notify acceptance of your order by sending an email to you stating that your order has been accepted and dispatched. Otherwise, our acceptance of your order takes place upon delivery of the products. Only when we have accepted your order is a binding contract created between us.

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.

ORDER CANCELLATION: The Artist Direct | art + technology will be happy to help you cancel your order. Orders may be eligible for cancellation upon request via email. Orders may not be cancelled once they are shipped. The Artist Direct | art + technology is not responsible for any duplicated orders that are placed on our web site due to the customer mistake.

DELIVERY: Our aim is to get your order delivered within 7-10 working days of receipt of payment to addresses within the United States. We will attempt to deliver products ordered by you to the delivery address stated on your order form. However, technical difficulty will not be the grounds for order cancellation. All The Artist Direct | art + technology customers agree not to hold The Artist Direct | art + technology liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond The Artist Direct | art + technology's direct control. The Artist Direct | art + technology shipment and delivery dates are calculated based upon estimates provided by our suppliers.

SHIPPING ERRORS & LOST PACKAGES Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. The Artist Direct | art + technology is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS When a package is not delivered due to an error made by the customer in submitting the inproper shipping address, The Artist Direct | art + technology will reship the package with corrected address and charge an additional shipping fee for the shipment. We reserve the right to refuse service without disclosing a reason.

RETURNS POLICY: In addition to the right of cancellation in the condition above, we operate a Returns Policy. If for any reason you are not satisfied with any Fine Art Prints bought from this web site you may return them to us within 7 days of purchase for a refund or exchange. Original Artwork [one of a kind] may be returned to us on a case to case basis, depending on the policy of the Artist who made the original artwork. You will be responsible for all shipping charges on any returns. To return a product under this Returns Policy you must contact
Customer Services first at Email: help@theartistdirect.com. You must provide us with the original invoice, or other proof of purchase. Nothing in this Returns Policy affects any statutory rights you may have as a consumer.

WARRANTIES: All Fine Art Pints bought from our web site are guaranteed against colour fading for 75 years from the date of purchase. If a print proves to be faulty within that period as a result of colour loss or fading, providing you have followed the instructions supplied with your print regarding 'Care for your Print', you may return it to us for a refund or exchange. Any other print media does not carry this guarantee. You must contact Customer Services and provide us with the original invoice, or other proof of purchase, prior to returning. Under these circumstances we require the print returned to us.

COMPLAINTS AND LIABILITY: All complaints should be addressed to Customer Services, art + technology, PO Box 2347, Albany, NY 12220-0347 or fax us at 518.304.1356 or email us at orders@art-and-technology.com If products we deliver to you are not as ordered or are damaged, defective or of incorrect quantity you should contact us within 4 days of delivery. We will replace the incorrect, damaged or defective products or make good the shortfall in quantity or, at our option, credit the price and delivery charges of those products to you. If you do not receive products ordered you should notify us within 28 days of the date of your order. We will deliver the products ordered or, at our option, credit the price and delivery charges of the non-delivered products to you, or if we have not accepted your order and have been unable to contact you, we will notify you of the reason for non-acceptance. Nothing in these Terms and Conditions shall be construed to exclude or limit any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.

VALIDITY: If any of these Terms and Conditions are unenforceable it shall not affect the enforceability of the rest of these Terms and Conditions. No Variation or Representation: Nothing said by our sales personnel shall amount to a variation of these Terms and Conditions or a representation about the nature or quality of our products. Third Party Rights: We may transfer our rights under the contract, but otherwise nothing in these Terms and Conditions shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.

PASSWORD AND SECURITY: You are solely responsible for maintaining the confidentiality of your password and any additional identifying information (such as user ID) required for your use of any of the features of any of the Sites. art + technology does not guarantee the security of any data or materials ("Data") stored/ transmitted/ posted/ submitted and/or managed through any of the Sites. You are solely responsible for all the Data uploaded to any of the Sites under your user ID, username and/or password. If you lose control of your password, or you allow another person or entity to access and use any of the Sites using your user ID, username and/or password you will be solely responsible for all the consequences of actions performed through/under your user ID, username and/or password and for all the Data stored/ transmitted/ posted/ submitted and/or managed in/through your user ID, username and password. Without limiting any of the foregoing, you must immediately notify art + technology if you become aware of any loss, theft, or unauthorized use of your password or of any other unauthorized use of any user's information, data, or of any of the Sites or any other breach of security that is known or suspected by you.


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.

YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF ANY OF THE SITES MAY NOT BE FULLY FUNCTIONAL, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.

The Artist Direct | ART + TECHNOLOGY DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY ANY OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE SITES WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS. YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT ANY OF THE SITES IS NOT EXPORTED, USED, PURCHASED IN VIOLATION OF SUCH APPLICABLE LAWS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE SITES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

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