1. Our Products and Services
ARTSCENE attempts to be as accurate as possible in describing, listing, or displaying Products. However, availability and pricing for our Products are subject to change without notice. Furthermore, ARTSCENE does not warrant that product descriptions, displays, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ARTSCENE itself is not as described or as displayed on our site, your sole remedy is to return it in unused condition and your return will be handled in accordance with our Return Policy.
With respect to pricing of items offered on the Site, we cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, occasionally items listed for purchase on the Site may be mispriced. If an item’s correct price is higher than the listed price posted on the Site, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We reserve the right to limit the sales of our Products and/or to limit the quantities of Products for any reason at our sole discretion, including but not limited to availability of inventory. We reserve the right to refuse any order placed with us, including, without limitation, any orders placed by Users who violate these Terms. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you have any questions or would like more information regarding product details or pricing, please contact our Customer Service at firstname.lastname@example.org.
2. Your Account
You may register an account on our Site so that your purchase history and other preferences may be saved and accessed for future visits and purchase. If you choose to create an account on our Site or 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.
ARTSCENE sells products only to adults over the age of 18 who can purchase items with a credit card. If you are under 18, you may use the Site and register an account only with express consent or involvement of a parent or guardian. If you are under the age of 13, you cannot create an account or make purchases from our Site. ARTSCENE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
3. Prohibited Uses
Users agree to not use the Services and/or Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your access to the Site or Services for violating any of the prohibited uses.
4. Communications from ARTSCENE
5. Third-Party Sites
6. Modifications and Interruption to Services or Site
Users acknowledges and accepts that ARTSCENE does not guarantee availability of the Products or continuous, uninterrupted or secure access to the Services or Site and operation of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. ARTSCENE shall not be liable to a User or any third party should for any inventory availability, modifications, interruptions, outages, downtimes or disruptions to the Services.
ARTSCENE reserves the right to modify or discontinue its Products, the Services and/or the Site at any time.
7. Disclaimer of Warranties
THE PRODUCTS, SERVICES AND SITE ARE PROVIDED BY ARTSCENE ON AN ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS, ARTSCENE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE PRODUCTS, SERVICES AND SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ARTSCENE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTSCENE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
ARTSCENE DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITES AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER’S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ARTSCENE IS NOT RESPONSIBLE FOR THOSE COSTS.
8. Limitation of Liability
ARTSCENE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ARTSCENE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PRODUCT, THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ARTSCENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Users agree to indemnify and hold ARTSCENE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Products, Services or Site or the violation of this Agreement.
10. Intellectual Property
All content included or available on the Site or within the Services, including the Products, site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of ARTSCENE and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Services, including reproduction or copying of any content on the Site for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ARTSCENE is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Site or any portion thereof.
ARTSCENE and the ARTSCENE logo are trademarks of ARTSCENE LLC. ARTSCENE’s trademarks may not be used in connection with any product or service that is not provided by ARTSCENE, unless such use is expressly authorized by ARTSCENE. ARTSCENE’s trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ARTSCENE.
11. Other Terms