Terms and Conditions
Terms of Service
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.
This Site is owned and operated by Arttowngifts.com (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
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 2012. 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 products sold by Arttowngifts. 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 products sold by Arttowngifts. 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.
All trademarks, service marks and trade names of Arttowngifts used in the site are trademarks or registered trademarks of Arttowngifts.
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. 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 warranties 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.
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.
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 canceled, Arttowngifts shall issue a credit to your credit card account in the amount of the incorrect price plus additional shipping and handling charges.
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
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.
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.
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.
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
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.
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).
Intellectual Property Rights, Arttowngifts.com Copyright and Intellectual Property Rights Policy
Arttowngifts.com showcases the work of talented, emerging artists throughout the US. Arttowngifts.com services are available for use by persons or entities that become "Participants" as either a Participating Artist, Sponsor, Directory Participant or Affiliate. The company's services include automated internet-based technology to provide artists and crafters an effective means of selling their works of art and crafts to a worldwide audience. In addition, Arttowngifts.com provides featured towns a means to promote their town and merchants. Arttowngifts.com may also provide its members with the use of forums, knowledge base storage, email services and other message or communication services designed to facilitate communication with other members and potential customers. Arttowngifts.com respects the intellectual property and creative works of others, and we ask that our Participants and Customers do the same. While Arttowngifts.com contractually prohibits our Participants from using the service to sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity), it is possible that some Participating Members will take actions or engage in activities that are alleged to infringe the intellectual property rights of others. We encourage intellectual property rights owners to contact us if they believe that a Participant has infringed their rights. If you let us know that your rights are being infringed by one of our Members we will (at our discretion) require that the content be removed from Arttowngifts.com site. In addition, Arttowngifts.com reserves the right in appropriate circumstances and at its discretion to terminate the accounts or privileges of users who infringe the intellectual property rights of others.
Claims of Copyright or Other Intellectual Property Right Infringement - How To Give Us Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Arttowngifts.com's Copyright Agent the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that has been allegedly infringed.
2. A description of the copyrighted work, trademark or Other Intellectual Property Rights, that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Arttowngifts.com site including the URL or product number(s) used in connection with the sale of the allegedly infringing merchandise. Please note that simply including www.Arttowngifts.com is not sufficient to identify what you are objecting to;
4. Your name, mailing address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Arttowngifts.com's Copyright Agent for Notice of claims of copyright infringement on its site is Will Goetz. He may reached by mail, as follows:
By mail: Will Goetz
4905 34th St. S., #141
Saint Petersburg, FL 33711
To the fullest extent permitted by applicable law, Arttowngifts.com disclaims any and all responsibility and liability for the acts and omissions of users of this website including, without limitation, infringement of any copyright, trademark or other intellectual property right. By publishing or complying with the foregoing policies or responding to any notification of a claim of infringement, Arttowngifts.com does not undertake or assume any duty, nor responsibility that it would not otherwise have under mandatory provisions of applicable law. Subject to applicable law, Arttowngifts.com reserves the right to change the foregoing policies and procedures at any time and from time to time, in its absolute discretion, without notice. Any changed policies or procedures will be posted on this website. When filing a notice of claimed infringement with us, for such notification to be effective under Title II of the Digital Millennium Copyright Act (DMCA), the notification must be in writing and provided to the designated agent listed above. In accordance with Section (3)(A) of the DMCA, the notification of claimed infringement must include substantially the content listed above. The full text of this statute can be found at the U.S. Copyright Office Web Site. Upon receipt of notices complying or substantially complying with the DMCA, as specified above, Arttowngifts.com will act expeditiously to remove, or disable access to, the material claimed to be infringing or claimed to be the subject of infringing activity.