AGREEMENT BETWEEN USER AND OPERATOR
This Web site is offered to the user ("User") conditioned on
acceptance by the User without modification of the terms, conditions, and
notices contained herein. By accessing and using this Web site, the User is
deemed to have agreed to all such terms, conditions, and notices (the
"Agreement").
PRIVACY POLICY
As a User of ARTOFISRAEL.COM, you are in complete control of your
art purchase needs. This includes controlling the use of information you
provide to ARTOFISRAEL.COM. When you register or purchase art through
ARTOFISRAEL.COM, we provide only the relevant information required to ensure
the successful processing of your purchase transaction. We do not sell
individual customer names or other private profile information to third parties
and have no intention of doing so in the future. We do share User information
with our partners only for specific and pertinent promotional use but only upon
your approval. As a User of ARTOFISRAEL.COM you have the option to receive
updates from us about special offers, services and noteworthy news. To receive
this information you must register for our promotional email. If you decide you
would rather not receive these email notifications, you can always unregister
or update your member information. We respect and will continue to respect the
privacy of our customers.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
This Web site is for the User's personal, non-commercial use. User may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
pictures of art items, information about art items or artists or services
obtained from this Web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright (c) 1999 Microsoft Corporation,
Copyright (c) 1999 ARTOFISRAEL.COM. All rights are reserved for
Microsoft, Windows, Windows NT, MSN, The Microsoft Network and other names of
Microsoft products and/or services referenced herein are trademarks or
registered trademarks of Microsoft Corporation. Other product and company names
mentioned herein might be the trademarks of their respective owners.
INTELLECTUAL PROPERTY
All of the artistic designs that are shown, whether sold or not, that appear on
this web site are the individual property of their respective artists. Unless
the the artist has given permission in writing, the art shown on this web site
may not be copied or used for any purpose other that to enable a customer to
select art for purchase.
LIABILITY DISCLAIMER
INFORMATION PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ARTOFISRAEL.COM, AN ENTERPRISE OF THE GLADWYNE GROUP, LLC. GLADWYNE
GROUP, LLC AND/OR ITS SUPPLIERS, MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS WEB SITE AT ANY TIME. ARTOFISRAEL.COM , AND/OR ITS
SUPPLIERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL MATERIAL AND INFORMATION IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARTOFISRAEL.COM AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO AND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
ARTOFISRAEL.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR
INABILITY TO USE THIS WEB SITE, OR FOR ANY OBTAINED THROUGH THIS WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARTOFISRAEL.COM AND/OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of this Web site, User warrants to ARTOFISRAEL.COM that
User will not use the Web site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
LINKS TO THIRD PARTIES' WEB SITES
This Web site may contain hyperlinks to Web sites operated by third parties
other than ARTOFISRAEL.COM. Such hyperlinks are provided for User's
references only. ARTOFISRAEL.COM does not control such Web sites and is
not responsible for their contents. ARTOFISRAEL.COM inclusion of hyperlinks to
such Web sites does not imply any endorsement of the material on such Web sites
or any association with their operators.
USE OF EMAIL OR OTHER COMMUNICATIONS FORUMS
To the extent that this Web site contains email or other communication
facilities ("forums"), the User agrees to use such forums only to send and
receive messages and material that are proper and related to the particular
forum. By way of example, and not as a limitation, the User agrees that when
using a forum, the User shall not do any of the following:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
* Publish, distribute or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information.
* Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless the
User owns or controls the rights thereto or has received all necessary
consents.
* Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
* Delete any author attributions, legal notices or proprietary designations or
labels in any file that is uploaded.
* Falsify the origin or source of software or other material contained in a
file that is uploaded.
* Advertise or offer to sell any goods or services, or engage in surveys,
contests, or chain letters.
* Download any file that the User knows, or reasonably should know, cannot be
legally distributed via this Web site.
User agrees (as available) to send and receive electronic mail and otherwise
use this Web site only as permitted by these terms and conditions, any
additional policies or procedures published in this Web site from time to time
by ARTOFISRAEL.COM, and applicable law. The User acknowledges that emails and
any other such communications forums hosted by this Web site are public and not
private communications. ARTOFISRAEL.COM reserves the right to deny in its sole
discretion any user access to this Web site or any portion thereof without
notice. ARTOFISRAEL.COM reserves the right to edit any notices for clarity and
length.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software")
is the copyrighted work of ARTOFISRAEL.COM, Microsoft Corporation and/or
their suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). End users shall not install or use any Software that is
accompanied by or includes a License Agreement, unless the end user first
agrees to the License Agreement terms. For any Software not accompanied by a
license agreement, the following shall constitute the License Agreement:
ARTOFISRAEL.COM and Microsoft Corporation hereby grant to the User a
personal, nontransferable license to use the Software for viewing and otherwise
using this Web site in accordance with these terms and conditions, and for no
other purpose. Please note that all Software, including without limitation all
HTML code and Active X controls contained in this Web site, is owned by
Microsoft and/or its suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT .
You acknowledge that the Software and any
accompanying documentation and/or technical information is subject to
applicable export control laws and regulations of the U.S.A. You agree not to
export or re-export the Software, directly or indirectly, to any countries that
are subject to U.S.A. export restrictions.
SERVICE CONTACT
Contact webmaster@artofisrael.com with questions or problems with this Web
site.
MODIFICATION OF THESE TERMS
AND CONDITIONS
ARTOFISRAEL.COM reserves the right to change this
Agreement at any time by revising the terms and conditions herein. User is
responsible for regularly reviewing these terms and conditions. Continued use
of this Web site following any such changes shall constitute the User's
acceptance of such changes .
GENERAL
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Web site; provided, however,
that in the event of a conflict between such other terms and the terms of this
Agreement, the terms of this Agreement shall control. This agreement shall be
deemed to have been made in the State of Pennsylvania, U.S.A. and shall be
interpreted, and the rights and liabilities of the parties hereto determined in
accordance with the law of the State of Pennsylvania, U.S.A., without regard to
conflicts of law principles. The parties consent to the exclusive jurisdiction
of the state and federal courts for the County of Philadelphia, Pennsylvania,
U.S.A. for the determination of any claim or controversy between the parties
and arising out of or relating to this Agreement. Both parties hereby consent
to the jurisdiction of the Pennsylvania courts and waive any objections as to
personal jurisdiction or as to the laying of venue in such courts due to
inconvenient forum or any other basis .User acknowledges that no joint venture,
partnership, employment, or agency relationship exists between the User and
ARTOFISRAEL.COM as a result of this Agreement or use of this Web site. User
agrees not to hold himself or herself out as a representative, agent, or
employee of ARTOFISRAEL.COM and ARTOFISRAEL.COM shall not be liable for any
representation, act or omission of the User. ARTOFISRAEL's performance of this
Agreement is subject to existing laws and legal process, and nothing contained
in this Agreement is in derogation of ARTOFISRAEL.COM's right to comply with
law enforcement requests or requirements relating to the User's use of this Web
site or information provided to or gathered by ARTOFISRAAEL.COM with respect to
such use. If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect. This
Agreement constitutes the entire agreement between the User and ARTOFISRAEL.COM
with respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
User and ARTOFISRAEL.COM with respect to this Web site. A printed version of
this Agreement and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Any
rights not expressly granted herein are reserved.
Use of ARTOFISRAEL.COM features of this Web site are provided solely to assist
customers in determining the availability of travel-related goods and services
and to make legitimate reservations or otherwise transact business with
suppliers, and for no other purposes. You warrant that you are at least 18
years of age and possess the legal authority to enter into this Agreement and
to use this Web site in accordance with all terms and conditions herein. You
agree to be financially responsible for all of your use of this Web site (as
well as for use of your account by others, including without limitation minors
living with you). You agree to supervise all usage by minors of this Web site
under your name or account. You also warrant that all information supplied by
you or members of your household in using the Web site is true and accurate.
Without limitation, any speculative, false or purchase of art or related
services is prohibited.
INDEMNITY
As a condition of use of this Web site, the User agrees to indemnify
ARTOFISRAEL.COM and its suppliers from and against any and all liabilities,
expenses (including attorneys' fees) and damages arising out of claims
resulting from User's use of this Web site, including without limitation any
claims alleging facts that if true would constitute a breach by User of these
terms and conditions.
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