ArtMoose, Inc. ("ArtMoose"), provides our Customers with a variety of services (collectively, the "Services"), including among others: ability to purchase artwork; have that artwork custom framed and matted; contract artists, use our online website tools to design and see computer generated facsimiles of the finished product prior to purchase.
The use of this site and the Services is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site or the Services indicates your acceptance of these terms and conditions. ArtMoose reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site or the Services shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), and ArtMoose proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by ArtMoose or its suppliers.
All content included on this site, including without limitation, artwork, videos, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by ArtMoose (collectively called the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by ArtMoose or its Artists, suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of the ArtMoose website is provided solely for the use of ArtMoose Customers to interact with ArtMoose and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with ArtMoose in or regarding such Content.
ArtMoose takes no ownership in any Materials uploaded to the ArtMoose website, except ArtMoose retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for ArtMoose.
ArtMoose uses its best efforts to verify that the Artist owns the artwork that its Artists offer for sale and the Artist have the rights to grant ArtMoose the rights to reproduce and sell those reproductions to our Customers. ArtMoose relies primarily on the information provided by the Artist who uploads the artwork to the ArtMoose website that they (the Artist) is the owner of the artwork and has the rights to grant ArtMoose the rights to reproduce and sell the reproductions to our Customers; ArtMoose does not warrant or guarantee that the artwork uploaded by the Artist is legally their work or allow ArtMoose to sell the artwork.
All artwork, videos, photos, illustrations, graphics, service marks, trademarks, trade names and other indicia of source used herein and otherwise by ArtMoose (collectively called "Images") are proprietary to ArtMoose or other respective owners that have granted ArtMoose the right and license to use such Images. Users do not receive any rights or any other rights in or to the Images. Users do not receive any rights in or to the Content and or Images.
ArtMoose is a trademark of ArtMoose, Inc. All other artwork, trademarks/trade names are the property of their respective owners and are used by permission.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE ARTMOOSE WEBSITE, INCLUDING, WITHOUT LIMITATION, VIDEOS, ARTWORK, PHOTOS, ILLUSTRATIONS, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTMOOSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ARTMOOSE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER ARTMOOSE NOR ANY OF ITS ARTISTS, AFFILIATES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED ARTMOOSE OF THE POSSIBILITY OF SUCH DAMAGES.
ArtMoose will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.
Because this site is viewable internationally, not all products and services mentioned will be available in Your country. If Your have any questions about international service, email ArtMoose Customer Relations at firstname.lastname@example.org.
In the event that ArtMoose learns of, or has reasonable grounds to suspect, that Your registration information is inaccurate, or that activity in violation of any of our Terms & Conditions has occurred within Your account, we can suspend or terminate Your access to Your account without notice and refuse to authorize its future use.
In the event that ArtMoose learns of, or has reasonable grounds to suspect, that any artwork posted for sale is not owned by and/or not legally licensed by the owner ArtMoose will suspense sales of that artwork until it completes its investigation of ownership.
These Terms and Conditions are governed by the laws of the State of California, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in Orange County, California, and You consent to the exercise of personal jurisdiction over You by such courts. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of ArtMoose, and ArtMoose is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites. ArtMoose does not monitor nor review the content of such sites, and You expressly understand that Your access by link to such sites is at Your own risk.
Registration As a User on ArtMoose.com
By registering as a User on the artmoose.com website, You agree to provide accurate and current information about Yourself as prompted by the ArtMoose Registration webpages.
When You register using artmoose.com Login Registration, You will be assigned a User ID and prompted to select a user password. You are responsible for maintaining the confidentiality of the password and user ID, and You are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify ArtMoose of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your artmoose.com session at the end of each visit.
ArtMoose acknowledges that You may provide personal data or other information to its site via the Internet. Although ArtMoose will take all reasonable steps to safeguard Your personal data or other information, no system is 100% safe. Despite the use of secure server software and other precautions, such information is subject to interception or alteration by third parties. ArtMoose does not guarantee absolute confidentiality or security. In addition, ArtMoose may disclose certain information, to shipping companies like FedEX, UPS, USPS, its third party printers and framers, or to government agencies as required by law, rule, regulation or court order.
You agree to indemnify, defend and hold ArtMoose, its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials that constitute Infringing Materials; or (c) any of the activities conducted in connection with this site.
Â©2013 ArtMoose, Inc. All rights reserved.