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Welcome to Art
Realization. Art Realization and its affiliates provide their services to you
subject to the following conditions. If you visit or shop at Art Realization,
you accept these conditions. Please read them carefully. In addition, when
you use any current or future Art Realization service or visit or purchase from
any business affiliated with Art Realization, whether or not included in the Art
Realization Web site, you also will be subject to the guidelines and conditions
applicable to such service or business. If these conditions are inconsistent
with such guidelines and conditions, such guidelines and conditions will
control.
PRIVACY
Please review
our Privacy Notice, which also governs your visit to Art Realization, to
understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit
Art Realization or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property
of Art Realization or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of Art Realization and protected by U.S. and international
copyright laws. All software used on this site is the property of Art
Realization or its software suppliers and protected by United States and
international copyright laws.
TRADEMARKS
ART REALIZATION,
ART REALIZATION CHINA and other Art Realization graphics, logos, page headers,
button icons, scripts, and service names are trademarks, registered trademarks
or trade dress of Art Realization, Inc. or its affiliates in the U.S. and/or
other countries. Art Realization’s trademarks and trade dress may not be used in
connection with any product or service that is not Art Realization’s, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Art Realization. All other trademarks not owned by Art
Realization or its affiliates 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 Realization or its affiliates.
LICENSE AND
SITE ACCESS
Art Realization
grants you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of Art Realization. This license does not
include any resale or commercial use of this site or its contents; 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 merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of Art Realization. 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 Realization and our
affiliates without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Art Realization’s name or trademarks without the
express written consent of Art Realization. Any unauthorized use terminates the
permission or license granted by Art Realization. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of Art
Realization so long as the link does not portray Art Realization, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Art Realization logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
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 Realization does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
Art Realization only with involvement of a parent or guardian. Art Realization
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may
post reviews, comments, and other content; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. Art
Realization reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post
content or submit material, and unless we indicate otherwise, you grant Art
Realization and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Art Realization and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify Art Realization or its affiliates for all claims resulting from
content you supply. Art Realization has the right but not the obligation to
monitor and edit or remove any activity or content. Art Realization takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT
COMPLAINTS
Art Realization
and its affiliates respect the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please follow contact us using our contact page.
RISK OF LOSS
All items
purchased from Art Realization are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT
DESCRIPTIONS
Art Realization
and its affiliates attempt to be as accurate as possible. However, Art
Realization does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product
offered by Art Realization itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except where
noted otherwise, the List Price displayed for products on our website represents
the full retail price, or estimated in accordance with standard industry
practice.
With respect to
items sold by Art Realization, we cannot confirm the price of an item until you
order. Despite our best efforts, a small number of the items in our catalog may
be mispriced. If an item’‘s correct price is higher than our stated price, we
will, at our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY ART REALIZATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. ART
REALIZATION 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. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, ART REALIZATION DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ART REALIZATION DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ART REALIZATION ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART REALIZATION 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, AND 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.
APPLICABLE
LAW
By visiting Art
Realization, you agree that the laws of the state of California, without regard
to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and Art Realization or its
affiliates.
DISPUTES
Any dispute
relating in any way to your visit to Art Realization or to products you purchase
through Art Realization shall be submitted to confidential arbitration in San
Francisco, California, except that, to the extent you have in any manner
violated or threatened to violate Art Realization’s intellectual property
rights, Art Realization may seek injunctive or other appropriate relief in any
state or federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator’‘s award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review
our other policies, posted on this site. These policies also govern your visit
to Art Realization. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining condition.
NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide Art Realization’s copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying
Art Realization and its affiliates that your copyrighted material has been
infringed.
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An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
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A description of the
copyrighted work that you claim has been infringed upon;
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A description of where the
material that you claim is infringing is located on the site, including the
auction ID number, if applicable;
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Your address, telephone
number, and e-mail address;
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A statement by you that
you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
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A statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’‘s behalf.
Art
Realization’s Copyright Agent for notice of claims of copyright infringement on
its site can be reached as follows:
e-mail:
copyright@ArtRealization.Com
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