TERMS OF SITE USE
Terms of Use In General
Access to and use of this website (this “site” or this “website”) and the products and services available through this website (collectively with this website, the “services”) are subject to the following terms, conditions and notices. By using the services, you are agreeing to all of these Ranger Marketing, LLC and ArtForSaleUSA.com terms, conditions and notices without modification .
Personal and Commercial Use
You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this website, except as expressly permitted by these Terms of Use
Products and Services
Products and services advertised and promoted on this website are available to ArtForSaleUSA.com customers.
Revisions
We may at any time revise the Terms of Use herein by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use.
Ownership
As between you and us, we own, solely and exclusively, all rights, title and interest in and to this website, all the content, code, information, data and materials hereon (collectively, “content”), and the look and feel, design, organization and compilation of this website and the content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, suigeneris rights and other intellectual property and proprietary rights therein. Everything you see or read on this website is copyrighted unless otherwise noted and may not be used except as expressly provided for in these Terms of Use without our separate express written permission. You may view the content on this site on your computer or other internet-compatible device, and may not make single copies or printouts of the content for your personal, internal, non-commercial use. You may not otherwise copy, reproduce, publish, transmit, distribute or otherwise exploit any content. We neither warrant nor represent that materials displayed on this website will not infringe rights of third parties not owned or affiliated with you, your company, or your web domain.
Submitted Materials
We do not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through this website, by e-mail or in any other way. Any materials, information, ideas, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“submitted materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this website’s Privacy Policy. We cannot be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such submitted material at any time.
User Conduct
You warrant and agree that, while using this website, you shall not upload, post or transmit to, or distribute or otherwise publish through, this website any materials that: (a) are protected by third-party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, harassing, tortious, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, profane, obscene or vulgar; (c) restrict, inhibit or impair this website or any other user from using and enjoying this website; (d) constitute or encourage conduct that would constitute, a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin. You also warrant and agree that you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; or (iii) obtain or attempt to gain unauthorized access to computer systems through this website or materials or information through any means not intentionally made available or provided for through this website. You agree that you will not use this website in any manner that could damage, disable or overburden, this website. We may terminate the accounts of site users who violate our Terms of Use.
You agree to defend, indemnify and hold us and our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of this website, your placement or transmission of any message, content, information, software or other materials through this website, or your breach or violation of the law or of our Terms of Use.
Damages and Warranties
YOUR USE OF AND BROWSING THIS WEBSITE ARE AT YOUR OWN RISK. NEITHER US NOR OUR AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION, EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US RELATING TO THE CAUSE OF SUCH DAMAGES, LOSSES OR CAUSES OF ACTION. `
Intellectual Property and Publicity
Images of artwork, people or places displayed on this website are either the property of or used with permission by Ranger Marketing, LLC, and ArtForSaleUSA.com. The use of these images by you, or anyone authorized by you, IS PROHIBITED unless expressly, specifically permitted by these Terms of Use. Any unauthorized use of the Images or other Content may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks
The trademarks, logos and service marks (collectively, the “trademarks”) displayed on this website, unless otherwise specified, are the registered and unregistered trademarks of us or our licensors. Nothing contained on this website should be construed as granting by implication or otherwise any license or right to use any trademark displayed on this website without the express separate written permission of us or any third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other content on this website, is strictly prohibited. You are hereby also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Third-Party Websites
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through websites to which you may link from this website (collectively, “linked sites”). Links to linked sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
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