art.com Terms Of Use

You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting and/or shopping at the site.

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.

You agree not to use this site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although Art.com does not regularly review content you submit to this site, Art.com reserves the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that Art.com finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold Art.com harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that Art.com deems appropriate, in its sole and exclusive discretion, consistent with Art.com's Privacy Policy.

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Art.com or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of Art.com is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Art.com and are protected by U.S. and international copyright laws. All software used on this site is the property of Art.com or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" section below.

Art.com suppliers include:
Bruce McGaw Graphics, Inc.

Certain marks used on our site are registered trademarks or service marks of Art.com or its affiliates, in the United States and other countries. Certain Art.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Art.com or its affiliates. Art.com's trademarks and trade dress may not be used for any commercial or other purposes by any party other than Art.com or its affiliates without the prior written consent of Art.com. All other trademarks and service marks not owned by Art.com or its affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Art.com.

Art.com honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify Art.com by following the procedure set forth in the immediately following paragraph.Except in limited instances under authorized agreements,Art.com does not reproduce or manufacture any products that it offers on its site, but rather purchases product from various suppliers that claim to have sufficient rights to sell their products to Art.com for display on our site and sale to our customers. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, Art.com will remove such actual or alleged infringing products from the site pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed, or used by Art.com in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign such form where indicated and submit such form as follows:
Art.com
Attention: Legal Department
2100 Powell St, 13th Floor.
Emeryville, CA 94608-1803
Facsimile: (510) 291-9634

Please note that this procedure is exclusively for notifying Art.com and its affiliates of your belief that your copyrighted material or trademark(s) has been infringed.

Art.com grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of Art.com; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without the prior written consent of Art.com or through Art.com's affiliate program (see Art.com's Affiliate Program Agreement). This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Art.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Art.com or our affiliates without Art.com's prior written consent. You may not use any meta tags or any other "hidden text" utilizing Art.com's name or trademarks without the prior written consent of Art.com. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by Art.com. You may not create any link to use any Art.com logo or other proprietary graphic or trademark as part of the link without Art.com's prior written permission or as specifically provided for under Art.com's Affiliate Program as referenced above.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Art.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to questions@art.com.

All products purchased from Art.com are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

Art.com offers express shipping. If you want to request an express shipment and the product you are purchasing displays a message other than "usually ships in 24 hours", you must contact customer service at 1-800-952-5592 after you have created your order online. Customer service will process your request upon receipt and validation of payment. All products purchased from Art.com that do not specify "Usually ships in 24 hours" will be shipped by the requested method upon availability of the products purchased.

Art.com attempts to describe the products offered on the site as accurately as possible. However, Art.com does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Art.com and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

ART.COM WARRANTS THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, ART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ART.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. ART.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By visiting the site, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between you and Art.com relating to that agreement.

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Art.com. We reserve the right to make changes to our site, policies, and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, you should review those policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.