TERMS AND
CONDITIONS OF USE
Welcome to KissArtGallery.com; an online website
serving the public. This website (the "Site") including without
limitation all information, data, text, graphics, images, hyperlinks, and
other material, whether or not posted or offered by or on behalf of third
parties or licensed from third parties (the "Materials") is owned
and operated by Kiss Art Gallery - DCM Enterprises, L.L.C.("KissArtGalleries","KissArtGlass","us"
or "we"). We provide the Site for your use conditional to
your acceptance, without modification, of the terms and conditions of use
of the Site set forth below. By accessing, browsing or otherwise using the
Site or the Materials, you agree to accept and abide by these terms and conditions
of use.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. If you do not agree to the Terms and Conditions, you may not access,
browse or otherwise use this Site.
1. Changes to the Terms and Conditions:
We reserve the right, in our sole discretion, to add, remove, modify or
otherwise change any part of the Terms and Conditions in whole or in part, at
any time. You should check the Site periodically for changes to the Terms and
Conditions. Changes will be effective when notice of such change is posted at
the Site. If any change is not acceptable, you must discontinue your use of the
Site and the Materials immediately. Your continued use of the Site or Materials
after any such changes are posted will be considered acceptance of such
changes. If you do not agree with the terms and conditions of the site, please
refrain from using the site and/or services.
2. Changes to the Site:
We may add, modify, terminate, suspend, discontinue, impose limits, restrict
your access or otherwise change any aspect of the Site, including the
availability of any features and any Materials, at any time without notice or
liability We also reserve the right, in our sole discretion, to correct any
errors or omissions in any portion of the Site at any time without notice.
3. Permitted and Prohibited Uses:
We grant you a non-exclusive, non-transferable, limited right to access, use
and view the Site and the Materials, solely for your own personal use,
provided, however, that you may not, may not attempt to, nor may you allow or
encourage, promote or advise others to, directly or indirectly:
3.i print, download or otherwise save to any storage device or fix in any
medium, any of the Materials, provided, however, that you may print one
paper-based copy of non-substantial extracts of the Materials solely for your
personal use and save to the extent necessary for temporary cache storage
performed automatically by your web browser;
3.ii sell, reproduce, publicly display, perform, distribute, create derivative
works, reverse engineer, modify or attempt to modify the Materials in any way,
or otherwise use the Materials for any public purpose, including without
limitation the linking to, framing of, or other direct or indirect use of the
Site or the Materials on any other website or in any environment of Networked
computers;
3.iii transfer any Materials to any other person without our written consent;
3.iv use the Site for any unlawful purpose or in any unlawful manner, or in any
manner which is otherwise contrary to or violates any law, regulation or the
rights of any third party or that could damage, disable, overburden or impair
the Site;
3.v interfere with the security of, or otherwise abuse, the Site or any
services, system resources, accounts, servers or networks connected to or
accessible through the Site or affiliated or linked sites;
3.vi disrupt or interfere with any other person's use or enjoyment of the Site
or any affiliated or linked sites;
3.vii upload, post, distribute or otherwise transmit on, through or to the
Site:
3.vii.a any virus, trojan horse, worm, backdoor,
shutdown mechanism or similar software, code or program which is intended to,
is likely to or has the effect of disabling, denying access to, damaging or
destroying, corrupting or affecting the normal use of the Site or any Materials
or other data thereon, or any data, software or equipment used in conjunction
therewith;
3.vii.b any material that contains any error, deficiency, omission,
misstatement or misrepresentation;
3.vii.c any material that is or is reasonably likely to be construed as deceptive,
fraudulent, libelous, defamatory, threatening, intimidating, abusive,
harassing, violent, degrading, obscene, pornographic, profane, harmful or
injurious to individuals, tortuous or that may otherwise result in criminal,
regulatory or civil liability;
3.vii.d any material that is or is reasonably likely to contravene any law,
statute, regulation, decree, order or similar rule; or
3.vii.e any material that, when used on the Site, violates any agreement,
intellectual property rights, moral rights, publicity rights, privacy rights,
fiduciary obligations or other rights of a third party;
3.viii use any robot, spider or other automatic program or device, or manual
process to monitor, copy, summarize, or otherwise extract information from the
Site or the Materials in whole or in part;
3.ix use another person's account, password, service, system or other
information without that person's prior written authorization and prior written
notification to us, create or use a false identity on the Site, impersonate any
person or otherwise misrepresent your identity, status, qualifications or
affiliations;
3.x transmit on, to or from the Site any spam, chain letters, junk mail or any
other type of unsolicited mass e-mail;
3.xi attempt to obtain unauthorized access to the Site or portions of the Site
which you are restricted from accessing; or
3.xii collect or harvest information about any other users of the Site;.
You also agree that you are solely responsible for actions and communications
undertaken or transmitted in the course of your usage of the Site.
4.Your account
As
a user of KissArtGallery.com, you are responsible for protecting any confidential
information submitted to “the Site” as well as taking responsibility for any
activity logged under your account. You are responsible for protecting your
computer terminal from fraudulent use of your username and password. KissArtGallery.com
and its affiliates and subsidiaries reserve the right to edit, modify, delete,
or discontinue the usage and information of any member of “the Site”.
5. Sales Tax
Any
items picked up or shipped to the state of
6. Proprietary
Rights:
The Site, including all Materials, is Copyrighted 2003, 2004, 2005 Kiss Art
Gallery - DCM Enterprises, L.L.C., All rights reserved.
The Site, including all Materials and intellectual property rights therein
and thereto is and shall continue to be owned and subject to copyright and
other proprietary rights by us and our licensors. You agree to comply with
all copyright and other applicable laws worldwide in your use of the Site
and to prevent any unauthorized copying or use of the Materials. You have
no rights in or to the Material and you may not use any Material other than
as permitted under these Terms and Conditions. Where reproduction is permitted,
you must retain all copyright and trademark notices and any other proprietary
notices contained in the Materials on any reproduction of all or part of the
Materials. All trade names, company names, trademarks, service marks and other
product and service names and logos on the Site or in the Materials (collectively,
the "Trademarks") are the proprietary trademarks of their respective
owners, are protected by law and may not be copied, imitated or used (including
without limitation use in HTTP headers, meta tags or other non-visible pages,
text or code), in whole or in part, without the prior written consent of their
respective owners. The Trademarks may not be used by you in any manner whatsoever
except as expressly permitted or required under the Terms and Conditions.
If you believe that certain Material may infringe on copyright or other intellectual
property rights held by you or a third party, please contact us immediately
at legal@KISSArtgallery.com. We will take steps to investigate
and, if appropriate, remedy any such infringement or potential infringement.
7. Submissions:
If you submit, transmit or upload suggestions, ideas, notes, text, graphics,
images, concepts, data, applications, software, code, programmed instructions
or other information (collectively, the "Submissions") to the Site,
or to us by email, through the Site or by other means of communication, all
rights to such Submissions shall remain with you, provided that the
communication of such Submissions shall be deemed to be your permission and
grant of a perpetual, irrevocable, non-exclusive license, without compensation,
to publish, copy, perform in public, communicate to the public, distribute,
display, creative derivative works, sublicense, translate, adapt and otherwise
use the Submissions without restriction and for any purpose whatsoever, whether
commercial or otherwise. You also represent and warrant that all Submissions
will comply with these Terms and Conditions, including the restrictions on
uploaded or transmitted content set out above, and you shall indemnify and save
us harmless for any breach thereof. Except for personal information to which
our Privacy Policy applies, none of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for any use or
disclosure of the Submissions. We reserve the right (but have no obligation) to
monitor, review, edit, remove, or refuse to display or post any Submissions on
the Site in our sole discretion without notice or liability.
8.Links:
Certain links on the Site will take you to other websites. These links are only
provided as a convenience and the linked sites to which they lead are not under
our control. If you use those sites, you will leave this Site. If you decide to
visit any linked site, you do so at your own risk and it is your responsibility
to review that site's privacy policy and to take all protective measures to
guard against viruses and other potentially destructive elements. We are not
responsible for the contents of any such linked site or any other site not
under our control. We make no representation or warranty regarding and do not
endorse any linked websites, the information appearing thereon or any of the
products or services described thereon, or the linked third party sources.
Links do not imply that we sponsor, endorse, are affiliated or associated with,
or are legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that any linked site is
authorized to use any of the Trademarks. All links to and framing of this Site
or any Materials must be approved in writing by us.
9. Warranty Disclaimers:
You acknowledge that any use of or reliance on the Site or any Materials shall
be at your sole risk. We make no representation or warranty of any kind
regarding the Site or the Materials, all of which is provided on an "AS
IS", "WHERE IS" and "AS AVAILABLE" basis. WE EXPRESSLY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF
PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. We do
not:
7.i guarantee, and make no representation or warranty as to the truthfulness,
accuracy, reliability, correctness, currency, veracity or completeness of the
Materials or about the results to be obtained using the Materials; or,
7.ii warrant that the Site will continue to operate, operate without
interruptions or that it will be error-free, that defects will be corrected or
that it will be free of viruses or other destructive elements.
We have no obligation to maintain either the availability or the currency of
the Site or Materials or to provide notice of any changes made to the Site or
the Materials, and take no responsibility for the Materials (including any
Submissions) or for any damages to users of the Site, however caused.
Use of the Site and the Materials and any reliance on the Materials (including
the purchase of any goods or services or the consummation of any transaction
with a third party as a result thereof) are at your own risk.
10. Limitation of Liability:
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS
OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING
OUT OF OR RELATING TO THE SITE, THE MATERIALS OR THE USE THEREOF OR THE INABILITY
TO USE THE SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU
AGREE THAT THE AGGREGATE LIABILITY OF KISSARTGALLERY FOR ALL DAMAGES WHATSOEVER,
WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID
BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
11. Indemnity:
You agree to defend, indemnify and hold us harmless from and against any and
all claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your actions or omissions,
including without limitation your use of the Site, the Materials, from or
relating to any of your Submissions or any breach by you of the Terms and
Conditions.
12. Conflict: If any provision
herein conflicts or is inconsistent with the Privacy Policy, the provisions of
the Privacy Policy shall govern to the extent of any such conflict or
inconsistency.
13.Choice of Law:
The Site is controlled, operated and administered by us from our offices in the
State of
14. All prices shown are subject to
change at any time. We will not honor prices that are incorrect due to
typographical error.
15. General: Any legal
proceeding arising from or in connection with the Terms and Conditions, the
Site or the Materials must be brought within one year after the event which is
the subject of the proceeding has occurred. If any provision of these Terms and
Conditions are unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from the Terms and Conditions, as the case
may be, and shall not affect the validity of any remaining provisions. The
Terms and Conditions constitute the entire agreement between you and us and
override anything else on the Site. The Terms and Conditions may be assigned by
us. The Terms and Conditions shall endure to the benefit of and be binding upon
the respective successors and permitted assigns of the parties hereto.
If
you have any questions about these Terms and Conditions, email us at legal@KissArtGallery.com.