WEBSITE CONTENTS, PROPRIETARY RIGHTS AND USE RESTRICTIONS
Our Website in its entirety, including, but not limited to, all website design, content, information, images, data, illustrations, page designs, headers, icons, photographs, text, logos, descriptions, video or audio clips, graphics, code, programs, computer software or any other material, (hereinafter collectively referred to as the “Contents”), are the sole property of iPaintings, and are protected by copyrights (U.S. and international), trademarks, trade dress, service marks and/or other proprietary rights owned by iPaintings and/or their affiliates, and all rights thereto are specifically reserved. All of the Contents of our Website are copyrighted as a collective work under the U.S. copyright laws, and iPaintings owns a copyright in the selection, coordination, arrangement and enhancement of such Contents. Using our Website does not confer, by implication, estoppels or otherwise, any ownership right to our Website as a whole or to any individual elements of our Website, without regard to whether such elements are subject to copyright or trademark protection. In addition, nothing contained in our Website grants or should be construed as granting to you, any license or right to use any trademarks, trade names, logos, or service marks displayed on our Website, without the written permission of iPaintings.
The Contents of our Website and our Website as a whole, is intended solely for your personal, non-commercial use, and such use is limited to you accessing and using our Website for the sole purpose of browsing, shopping and ordering of products from our Website. Any other use of our Website by you is strictly prohibited. Our Website or any of the Contents of our Website may not be reproduced, published, copied, duplicated, modified, distributed, transmitted, displayed, sold, resold, licensed, or otherwise exploited, in whole or in part, for any commercial purpose, unless you have obtained prior written permission from iPaintings. iPaintings prohibits the use of the iPaintings logo or any of our Website Contents, as a link to any website, unless creating such a link is approved in advance by iPaintings.
Our Website and its Contents may contain typographical errors, errors of omissions or inaccuracies and may not be complete or current. iPaintings reserves the right to correct any errors, omissions or inaccuracies and to update or change the Contents of our Website at any time, without prior notice, including after any order has been submitted to iPaintings. As a result, iPaintings reserves the right to cancel or refuse to accept any order that contains any errors, omissions or inaccuracies in either the Contents, pricing and/or availability, whether or not the order has been confirmed or your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, iPaintings will promptly issue a refund to your credit or debit card account in the amount of your purchase.
PRICES AND ORDERS
All prices displayed on our Website are in U.S. Dollars. All prices and product availability are subject to change without notice. Prices advertised on our Website are for online orders only. In addition, iPaintings reserves the right, at anytime and for any reason, to refuse, limit or cancel any orders, whether or not the order has been confirmed and your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, iPaintings will promptly issue a refund to your credit or debit card account in the amount of your purchase.
COLOR AND PRODUCT DESCRIPTION
iPaintings has made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as the actual colors you see will depend on your monitor, iPaintings cannot guarantee that your monitor's display of any color will be accurate. In addition, the oil paintings iPaintings offers for sale on our Website are all hand-painted by individual artists and as a result, there may be some variations in the oil painting you receive and the picture displayed on our Website. All product descriptions appearing on our Website are attempted to be as accurate as possible. However, iPaintings does not warrant that any product descriptions are accurate, complete, current, or error free. If a product delivered by iPaintings is not as described or depicted on our Website and/or not in the color of your choice, your sole remedy is to return it to iPaintings in undamaged condition, within 30 days of your invoice date, for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you.
If for any reason you are not 100% satisfied with your purchase, you may return it to us within 30 days of your invoice date for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you. All returns must be sent to us freight prepaid. Please click here to E-Mail our customer service department for a "Return Goods Authorization" (RGA) and return instructions or call us at 561-314-3500. Unfortunately, we are unable to accept returns of oil paintings that have been altered in any way by the customer. Oil paintings ordered with any custom changes (i.e. custom sizes, custom colors, adding or deleting parts to the oil painting) can only be returned for a store credit. Please note that for international customers, customs charges and import/excise taxes are not refundable. Shipping and handling charges apply to any oil paintings shipped to you in exchange for oil paintings returned to iPaintings.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
In the event our Website contains links to third party websites (hereinafter referred to as “Linked Websites”), you agree that iPaintings does not endorse, sponsor, or control these Linked Websites and is therefore not responsible or liable for any content, advertising, products, or other materials on such Linked Websites. Any concerns you may have regarding any Linked Website, must be directed to that particular Linked Website. You agree to defend, indemnify and hold iPaintings, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents harmless from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any Linked Websites.
Many activities on our Website are conducted within the scope of you registering an account name with iPaintings and receiving a secure password. iPaintings shall retain the ownership of your account and licenses it to you on a limited non-exclusive basis for the duration of your account activation. You hereby agree that you are solely responsible for keeping your account information and password confidential and secure, which may include you taking the following safeguards: restricting access to any computer owned by you or not disclosing the password of your account to anyone, except persons you have authorized to use your account. You hereby agree to accept full responsibility for any liabilities resulting from all activities that occur within any such account registered in your name with our Website, including, but not limited to any liability that may occur with respect to the use of your account by any person you have duly authorized to access and use your account or by any liability that may occur as it relates to your failure to keep your account name and password secure. You agree to notify iPaintings promptly upon any unauthorized use of your account.
USER CONDUCT AND INFORMATION SUBMITTED BY YOU
You agree that you are and shall remain solely responsible for the content of any Comments you submit to iPaintings or our Website. In addition, you hereby agree to defend, indemnify and hold harmless iPaintings, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of any Comments you submit, post, or transmit to or from our Website.
You agree that any Comments disclosed, submitted or offered by you to iPaintings in connection with your use of our Website, shall become and remain the property of iPaintings. All such Comments submitted by you will be treated as non-confidential and non-proprietary and iPaintings will be entitled to use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments you submit to us for any purpose whatsoever, including but not limited to, marketing, developing or manufacturing products that incorporate such Comments, all without restriction or compensation to you. Any Comments submitted by you to iPaintings shall constitute an assignment to iPaintings of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. You hereby grant iPaintings the right to use your name, along with your city and state of residence that you submit in connection with any Comments.
Any photograph or image that is sent by you to iPaintings is subject to the following terms and conditions:
1. You represent and warrant to iPaintings that you are the sole creator, producer, photographer and/or author of this photograph or image and that you have sole copyright ownership of this photograph or image. You further represent that if a photographer was hired by you to take this photograph or image that you have obtained an assignment of copyright from said photographer or have obtained a license which allows you to make reproductions or derivative works based on said photograph or image.
2. You represent that you have secured written right of privacy releases from all persons depicted in the photograph, image or portrait.
3. You hereby grant iPaintings the right to copy, publish, and use the provided photograph or image for any lawful purpose, including for an original oil painting reproduction.
4. You further hereby agree to hold iPaintings, its successors or assigns harmless from any damage to or loss from photographs or images sent to us or for any action which may accrue from our use of your photograph or image.
AGE OF USERS
You must be at least 18 years old to use our Website. In addition, iPaintings does not knowingly market to or knowingly solicit information from any minors under the age of 18. iPaintings relies upon parents, guardians and those responsible for supervising minors, to determine if any of the Content or products available on our Website is appropriate to view by minors. Each time you purchase a product from our Website, you certify to iPaintings that you are 18 years of age or older.
iPaintings hereby notifies you that parental control protections are commercially available, such as computer hardware, software or filtering services that may assist you in limiting access to the Contents of our Website that may be harmful to minors. The following companies are only a few of the many companies offering internet filtering and parental control protections: CyberSitter, CyberPatrol, and NetNanny (hereinafter referred to as “Parental Control Companies”). iPaintings has not evaluated any of the services provided by these Parental Control Companies, and does not approve, sponsor, control, or endorse any of these Parental Control Companies or their services. You agree to defend, indemnify and hold harmless iPaintings, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, liabilities, demands, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any such Parental Control Companies.
DISCLAIMER OF WARRANTY
OUR WEBSITE AND ALL OF THE CONTENTS INCLUDED ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iPAINTINGS, AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AND EMPLOYEES, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES:(1) REGARDING THE OPERATION OR FUNCTION OF OUR WEBSITE (2) REGARDING ANY PRODUCTS, SERVICES, CONTENTS OR MATERIALS ON OUR WEBSITE (3) THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS (4) THAT THE INFORMATION OR CONTENTS ON OUR WEBSITE ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE (5) THAT OUR WEBSITE, SERVERS OR ANY E-MAILS SENT FROM OUR WEBSITE ARE FREE FROM VIRUSES OR OTHER INJURIOUS ELEMENTS.
TO THE FULL EXTENT PERMITTED BY LAW, iPAINTINGS, AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AND EMPLOYEES, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
BY USING OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL iPAINTINGS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF GOOD WILL, OR LOSS OF INCOME, ALL ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iPAINTINGS, OR ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OF LIABILITY AS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF iPAINTINGS, ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
iPaintings controls and operates our Website from its offices within the State of Florida in the United States. As such, the laws of the State of Florida shall govern this Agreement, without giving effect to any principles of conflicts of laws. You hereby agree that any claims arising from or related to the use of our Website, including any Contents, materials or products contained therein, shall be governed by and construed in accordance with the laws of the State of Florida and you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Florida and waive all objections to venue in the State of Florida. iPaintings makes no representation that our Website or its Contents are appropriate or available for use in other territories and access to our Website and its Contents from locations where our Website or its Contents are illegal is prohibited. Those who choose to access and use our Website from other locations, do so on their own initiative and are responsible for compliance with any applicable laws.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Contents derived from our Website to either a foreign national or a foreign destination in violation of such laws.
POLICY FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material has been posted on our Website in a way that infringes on a copyright that you own, please provide the following information to our Copyright Agent:
- An electronic or physical signature of the owner of the allegedly infringed copyright or a duly authorized person to act on behalf of the owner;
- A description of the copyrighted work that you claim has been infringed or in the case of multiple copyrighted works, a list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iPaintings to locate the material;
- Information reasonably sufficient to permit iPaintings to contact the complaining party, such as the name, address, telephone number and E-Mail address where the complaining party can be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The iPaintings Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:
Dennis Angel, Esquire
1075 Central Park Avenue
Scarsdale , New York 10583
E-Mail: [email protected]
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