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PLEASE CAREFULLY READ THE FOLLOWING TERMS
AND CONDITIONS OF USE, A LEGAL AGREEMENT BETWEEN YOU ("USER")
AND FAUVEARTS, a California Corporation ("FauveArts").
This site, www.fauvearts.com (the "Site") is owned and operated
by FauveArts, a California Corporation ("FauveArts"). This Agreement
also protects the rights of Catherine Oswald and any other artists whose
work is exhibited on the Site ("Artists"). Please feel free to
browse the Site; however, by accessing, browsing and/or using this Web
site (the "Site"), User acknowledges that User has read,
understood, and agrees to be bound by the following terms and conditions
without limitation or qualification, and to comply with all applicable
laws and regulations, including, but not limited to, the laws governing
User's local community and state; even if User states later that User did
not read this agreement.
1. Web Copyright Information
The content and material displayed on this Internet site (including but
not limited to the text, images, audio and/or video) and software
(including but not limited to any images or files incorporated in or
generated by the software or data accompanying such software)
(individually and collectively the "Materials") are either the
property of, or used with permission by, FauveArts and Artists, and are
also protected by United States and international copyright and trademark
laws. All pages within this Internet Site ("Site") are the
property of FauveArts, Artists, and/or its affiliates. The compilation
(meaning the collection, arrangement and assembly) of all the Material and
content on this Site is also the exclusive property of FauveArts and
protected by U.S. and international copyright laws. The use of any of the
Material, in whole or in part, by you, or anyone else authorized by you,
is prohibited unless specifically permitted by this User Agreement, or
specific permission provided elsewhere on the Site. Any unauthorized use
of the Material may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes, and
may subject you to criminal penalties.
2. Restrictions on Use of Materials Absent the prior express written consent of FauveArts or Artists, no
Material (including but not limited to the text, images, audio and/or
video) and no software (including but not limited to any images or files
incorporated in or generated by the software or data accompanying such
software) (individually and collectively the "Materials") may be
copied, reproduced, republished, reprinted, modified, adapted, exhibited,
translated, distributed, transmitted, uploaded, posted, sold, publicly
performed, decompiled, reverse engineered, disassembled, or in any way
exploited, in whole or in part. Modification of the Materials or use of
the Materials for any other purpose is a violation of Owner's or such
other sources' copyright, trademark and/or other proprietary rights. The
use of any such Materials on any other Web site or networked computer
environment is strictly prohibited without Owner's express written
consent. FauveArts neither warrants nor represents that your use of
materials displayed on the Site will not infringe rights of third parties
not owned by or affiliated with FauveArts. FauveArts uses an
electronic watermarking service. Any Material you download may be
watermarked and FauveArts will aggressively prosecute you if you are found
using (as mentioned above) or publishing FauveArts' and/or Catherine
Oswald's Materials without prior written permission.
3. Trademark Notice
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are pending, registered, or
unregistered Trademarks of FauveArts and others. You may NOT use
FauveArts' and Artists trademarks, whether design or word marks, in
a non-FauveArts product name or publication title, in, as, or as part of
your own trademarks, to identify products or services that are not
FauveArts. You may NOT use the Trademarks in any manner that is likely to
cause confusion among customers, dilutes the Trademarks, or in any manner
that disparages or discredits FauveArts and artists. You are also advised
that FauveArts and Artists will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of
criminal prosecution. Nothing contained on the Site should be construed as
granting, by implication, estoppels, or otherwise, any license or right to
use any trademark displayed on the Site without the express written
permission of FauveArts, Artists or such third party that may own the
Trademarks displayed on the Site.
4. Permitted Uses of FauveArts Trademarks (including fauvearts.com tm)
FauveArts and Artists trademarks identify FauveArts and Artists products
and services, and let the public know the source of those products and
services. You may make fair use of FauveArts trademarks in advertising and
promotional materials, and in referring to FauveArts products and services
(for example, in a magazine article) without our permission, provided you
follow standard trademark usage practices and provide proper attribution
(see below). All other uses require the prior express written permission
from FauveArts. Please make such requests by email. We will evaluate your
request within a reasonable time; failure to respond does not constitute
permission.
5. Proper Attribution of FauveArts Trademarks
When you use FauveArts and Artists trademarks in a permitted manner,
please include the following brief statement attributing the trademarks to
FauveArts: " fauvearts.com is a trademark of FauveArts a
California L.L.C.
6. Linking to the Site
All requests to link require the prior express written permission from
FauveArts. Please make such requests by email. We will evaluate your
request within a reasonable time; failure to respond does not constitute
permission.
7. Updates to this User Agreement
FauveArts reserves the right to make changes to the terms and conditions
contained in this User Agreement by updating this posting. You are bound
by any such revisions and should therefore periodically visit this page to
review the current terms and conditions to which you are bound. You
understand that any use of the Site after such notice is posted will be
deemed to constitute acceptance by you of such changes, modifications or
additions.
8. Bookmarks
If you "Bookmark" to a page on this Site whereby this User
Agreement is by-passed, such action will constitute implicit acceptance of
the terms and conditions contained in the User Agreement.
9. Changed Products and Services
FauveArts may at any time, and for any reason, in its sole discretion,
terminate, change, suspend, or discontinue any aspect of the Site,
including but not limited to the content, features, or hours of
availability. FauveArts may also impose limits on certain features and
services or restrict your access to parts or all of the Site without
notice or liability.
10. Reservation of Rights.
All rights not expressly granted by FauveArts hereunder are reserved to
FauveArts.
11. Refund and Return Policy
All Sales are Final. Customer Satisfaction Guaranteed. Pre-Guarantee
Policy is good only for the purchase of original fine art and does not
apply to any print/custom print/poster/or any other products sold on the
site. Sales of custom prints are final. Please allow ten days for the
custom print to be ready to be shipped. FauveArts will make every possible
arrangement to satisfy customer complaints - given that custom prints are
custom printed to order.
12. Links to Third Party Sites
This Site contains links to other Internet sites ("Third Party
Sites") for your convenience only. Your linking to Third Party Sites
and other sites is at your own risk and without the permission of
FauveArts. The services and or products provided by such Third Party Sites
are independent of FauveArts and are for your convenience only. FauveArts
does not endorse or recommend the services of any particular company or
service, nor is FauveArts responsible for any services or goods provided
by such companies. FauveArts shall not be liable for any damages or costs
arising out of or in any way connected with your use of any of the
services or companies accessed through this web site.
13. Adults Only
FauveArts services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
FauveArts services are not available to minors. If you do not qualify,
please do not use our services. FauveArts may refuse to provide its
services to anyone at any time, in and at FauveArts sole discretion. By
accessing this Site, User represents and warrants that User is at least 18
years of age older.
14. E-mail
Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions or the
like is, and will be treated as, non-confidential and nonproprietary.
Anything you transmit or post becomes the property of FauveArts or its
affiliates and may be used for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and
posting. Furthermore, FauveArts is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to the
Site for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information. Through your
usage of this Site, you may submit and/or FauveArts may gather certain
limited information about you and your web site usage. FauveArts is free
to use such information for any purpose it deems appropriate, including,
but not limited to, creating customized web pages and marketing purposes.
15. Access From Outside United States
FauveArts makes no representation that materials in the Site, including
merchandise offered for sale on the Site and their copyrights, trademarks,
patents, and licensing arrangements (if any), are appropriate or available
for use in locations other than the United States. Those who choose to
access this Site from other locations outside of the United States do so
on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. With respect to
shipments of merchandise to consumers, wherever they may reside, title to
the merchandise shall pass to the buyer upon delivery of the merchandise
to the common carrier. FauveArts and Artists expect that copyright of the
images on the Site would extend to all countries anywhere.
16. Do not Download Images From Site
You are not permitted to download images
from the Site, except as explicitly stated on the page containing the
image. In absence of an explicit statement, you are NOT permitted to
download any images.
17. RESERVED
18. Warranty Disclaimer and Limited Liability
WHILE FAUVEARTS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS SITE, YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN
RISK. FAUVEARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, OR THE MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAUVEARTS DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS
OTHERWISE SPECIFICALLY STATED IN WRITING.
THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. FAUVEARTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. IF YOU ARE
DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY
OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE ACCESSING AND USING THE SITE.
FAUVEARTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, OR INJURY OF ANY
KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND
PUNITIVE DAMAGES. FAUVEARTS DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR THE SERVER IS FREE FROM
VIRUSES OR OTHER HARMFUL MATERIAL COMPONENTS. FAUVEARTS DOES NOT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. USER (AND NOT
FAUVEARTS) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER ACKNOWLEDGES AND AGREES THAT ALL RESPONSIBILITY OR LIABILITY FOR ANY
AND ALL DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR
AT THE SITE IS DISCLAIMED. FAUVEARTS ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD) OR YOUR DOWNLOADING
OF ANY MATERIALS FROM THE SITE.
USER ALSO SPECIFICALLY ACKNOWLEDGES AND AGREES THAT FAUVEARTS IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER TO
THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Irrespective of the above, in no event shall the total liability of
FauveArts, its subsidiaries and affiliates to you for and all damages,
losses, and causes of action (whether in contract or tort, including, but
not limited to, negligence or otherwise) arising from this User Agreement
and/or your use of the Site exceed, in the aggregate, One Hundred United
States Dollars ($100). Please note that some states do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
19. Indemnity
USER AGREES TO INDEMNIFY, DEFEND AND HOLD FAUVEARTS AND ITS AFFILIATES,
LICENSORS, CONTENT AND SERVICE PROVIDERS, PARTICIPATING PUBLISHERS,
AUTHORS, ARTISTS, DEALERS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, LOSS,
CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES AND EXPENSES BOTH PRE JUDGMENT
AND FOR POST JUDGMENT ENFORCEMENT TO THE EXTENT PERMITTED BY APPLICABLE
STATE LAW, RELATED TO A USER'S VIOLATION OF THIS USER AGREEMENT AND/OR USE
OF THIS SITE.
20. Governing Law
This Site (excluding Third Party Sites) is controlled by FauveArts from
its offices within the State of California, and HostPro - a web hosting
company in the United States of America. It can be accessed from all 50
states, as well as from other countries around the world. As each of these
places has laws that may differ from those of California, by accessing
this Site both you and FauveArts agree that the statutes and laws of the
State of California, without regard to its conflicts of laws principles,
will apply to all matters arising out of, or relating to, use of this Site
and/or this User Agreement.
21. Jurisdiction
You agree that any action to enforce this User Agreement, or to resolve
any dispute arising from or related to your visit to or use of this Site,
or the information or content contained in this Site, will be submitted to
final and binding arbitration before one arbitrator in Orange County,
California in accordance with the procedural rules of the American
Arbitration Association and California law. Judgment on any award of the
sole arbitrator may be entered in any court of competent jurisdiction.
22. Miscellaneous
If for any reason a court of competent jurisdiction finds any provision of
this User Agreement, or portion thereof, to be unlawful, void or for any
reason unenforceable, then that provision shall be enforced to the maximum
extent permissible so as to effect the intent of this User Agreement, and
the remainder of the User Agreement shall continue in full force and
effect. The UN Convention on Contracts for the International Sale of Goods
is expressly disclaimed by both parties. No waiver by either you or
FauveArts of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any
legal import. This User Agreement constitutes the entire agreement between
the User and FauveArts with respect to the subject matter contained
herein, and supercedes all previous written or oral agreements between the
parties with respect to such subject matter. |
