Please review these terms and conditions, which govern your use of MisterArt.com (http://www.misterart.com), the MisterArt.com mobile site (http://m.misterart.com), the MisterArt.com program and related services, and any mobile applications available on your mobile device, and any other site on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by MisterArt.com L.P. (“MisterArt.com”) as a service to its customers, unless specifically provided otherwise. The Terms inure to the benefit of MisterArt.com and its parent, subsidiaries and affiliates.
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
- Use the Site or content on or from the Site for any unlawful purpose
- Express or imply that any statement you make is endorsed by MisterArt.com or its subsidiary, parent or affiliate companies
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes MisterArt.com or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
- Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site
- “Frame” or “mirror” any part of the Site without MisterArt.com’s prior written authorization
- Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on MisterArt.com’s infrastructure
Information on the Site
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of MisterArt.com or any of its affiliates, subsidiaries or agents. Unless indicated otherwise, most products and services featured on the Site are available directly from or through MisterArt.com, its subsidiaries or its affiliates. MisterArt.com endeavors to display and describe its products and services accurately. MisterArt.com is also improving its products and services and may update the Materials at any time and without notice. MisterArt.com cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider.
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
- MisterArt.com and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if MisterArt.com believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of MisterArt.com, its subsidiaries, or its affiliates, or for any other reason.
- MisterArt.com and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per account or per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
- Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
- All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon MisterArt.com’s delivery of the items or products to the carrier.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by MisterArt.com or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of MisterArt.com and protected by applicable copyright laws. MisterArt.com grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. MisterArt.com and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to MisterArt.com or any third party's intellectual property rights. The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed. The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Site are registered and unregistered trademarks of MisterArt.com L.P., and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. MisterArt.com L.P. also requires prior written approval to use the MisterArt.com Logo, MisterArt.com name and any other MisterArt.com L.P. marks in any form of advertising or any other public use.
Links to other sites
Disclaimer of Warranties and Limitation of Liability
- You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, MisterArt.com, all of MisterArt.com subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
- MisterArt.com and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by MisterArt.com, or MisterArt.com licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
- You expressly acknowledge and agree that MisterArt.com shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. MisterArt.com does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
- You agree that MisterArt.com and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if MisterArt.com and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
- You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
You agree to indemnify, defend and hold harmless MisterArt.com and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
- You agree that MisterArt.com may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that MisterArt.com will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
- You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to MisterArt.com through the Site may be subject to legal process (e.g., a subpoena) by MisterArt.com or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that MisterArt.com will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that MisterArt.com may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
- MisterArt.com performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of MisterArt.com right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by MisterArt.com with respect to such use.
- You agree that MisterArt.com may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and MisterArt.com as a result of these Terms or your use of the Site.
- Any rights not expressly granted to you herein are reserved by and to MisterArt.com, its affiliates, subsidiaries and licensors, and other third parties.
- The Terms and the applicable terms of sale constitute the entire agreement between you and MisterArt.com with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and MisterArt.com with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by MisterArt.com or it is physically signed in blue ink by an executive officer of MisterArt.com.
- Any actual or alleged waiver by MisterArt.com of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
- A printed version of this agreement and / or any notice given by MisterArt.com in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by MisterArt.com in printed form.
- If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.