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| Arttowngifts.com
Terms of Service |
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| PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE |
All users of this site agree that access to and use of this site are subject to these Terms of Service and other applicable law. Your use of this website means you agree to the following Terms and Conditions. If
you do not agree with these terms you should leave this website immediately, not
use the files herein, make purchases and/or not subscribe to any of
the services offered.
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| Definitions |
- This Site is owned and operated by Arttowngifts.com a dba of Specialty
Village, Inc. (hereafter collectively referred to as "Arttowngifts")
- "Arttowngifts.com Web Site" means the web site located at the domain name "Arttowngifts.com" and
at such other domain names used to identify web sites on which Arttowngifts.com
may offer and or facilitate Arttowngifts.com Services
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| Copyright |
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Arttowngifts and its licensors. The collective work includes works that are licensed to Arttowngifts, Copyright 2007, Specialty Village, Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing
an order with Arttowngifts or purchasing Arttowngifts' products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Arttowngifts or to purchase Arttowngifts' products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Arttowngifts. You further agree not to change or delete any proprietary notices from materials downloaded from the site. |
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Trademarks |
| All trademarks, service marks and trade names of Arttowngifts used in the site are trademarks or registered trademarks of Arttowngifts and Specialty Village, Inc. |
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| Warranty Disclaimer |
| This site and the materials and products on this site
are provided "as is" and without warranties of any kind,
whether express or implied. To the fullest extent permissible pursuant
to applicable law, Arttowngifts disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. For more information
please view our Return
and Exchange Policy. Please view our Satisfaction
Guarantee for additional
limitations. |
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| Arttowngifts does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects will
be corrected, or that this site or the server that makes the site available
are free of viruses or other harmful components. Arttowngifts does not
make any warrantees or representations regarding the use
of materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to
you. |
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| Limitation of Liability |
| Arttowngifts shall not be liable for any special
or consequential damages that result from the use of, or the inability
to use, the materials on this site or the performance of the products,
even if Arttowngifts has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion
may not apply to you. |
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| Typographical Errors |
| In the event that an Arttowngifts' product is
mistakenly listed at an incorrect price, Arttowngifts reserves the
right to refuse or cancel any orders placed for product listed at the incorrect
price. Arttowngifts reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Arttowngifts shall issue a credit to
your credit card account in the amount of the incorrect price plus additional
shipping and handling charges. |
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| Term & Termination |
| These terms and conditions are applicable to you upon
your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated
by Arttowngifts without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination |
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| Notice |
| Arttowngifts may deliver notice to you by means
of e-mail, a general notice on the site, or by other reliable method to
the address you have provided to Arttowngifts |
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| Miscellaneous |
| Your use of this site shall be governed in all respects
by the laws of the state of Delaware, U.S.A., without regard to choice
of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or relating
to this site (including but not limited to the purchase of Arttowngifts' products)
shall be in the state or federal courts located in the County of Newcastle,
Delaware. Any cause of action or claim you may have with respect to the
site (including but not limited to the purchase of Arttowngifts'
products) must be commenced within one (1) year after the claim or cause
of action arises. Arttowngifts' failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Arttowngifts may assign its rights
and duties under this Agreement to any party at any time without notice
to you |
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| Use of Site |
| Harassment in any manner or form on the site, including
via e-mail, chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a Arttowngifts or
other licensed employee, host, or representative, as well as other members
or visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization. |
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| Participation Disclaimer |
| Arttowngifts does not and cannot review all communications
and materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view
and distribute user-generated content on the site, Arttowngifts is
merely acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on the
site. However, Arttowngifts reserves the right to block or remove
communications or materials that it determines to be |
- (a) abusive, defamatory, or obscene,
- (b) fraudulent,
deceptive, or misleading,
- (c) in violation of a copyright, trademark
or; other intellectual property right of another or
- (d) offensive or
otherwise unacceptable to Arttowngifts in its sole discretion
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| Indemnification |
| You agree to indemnify, defend, and hold harmless Arttowngifts,
its officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account. |
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| Third-Party Links |
| In an attempt to provide increased value to our visitors, Arttowngifts may
link to sites operated by third parties. However, even if the third party
is affiliated with Arttowngifts or Specialty Village, Inc., Arttowngifts has
no control over these linked sites, all of which have separate privacy
and data collection practices, independent of Arttowngifts. These
linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, Arttowngifts seeks to protect the
integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work). |
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