Terms of Use

March 10th, 2020

Welcome to www.FineArt.pub, the website (the or this “Site”) of Fine Art Publishing, L.L.C., an Arizona limited liability company (“Fine Art Publishing”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the or these "Terms of Use"), govern access to and use of the Site, including its content and functionality, and any purchase from Fine Art Publishing made on the Site or in connection with use of the Site. Please read these Terms of Use carefully before you use the Site.

In these Terms of Use the words “we”, “us” or “our” refer to Fine Art Publishing. The words “you”, “your”, “user” or “customer” refer to any individual or other person who accesses the Site or uses any of its features. The word “person” includes any individual, corporation, partnership, limited liability company, trust or other type of association. The word “affiliate” means a member of a person’s family within the second degree of consanguinity or affinity, or a person that directly, or indirectly through one or more intermediaries, (i) owns in whole or in part, or is owned in whole or in part by, the person specified, or (ii) controls, or is controlled by, or is under common control with, the person specified. “Fine Art Parties” means Fine Art Publishing and its members, managers, officers, employees, contractors, attorneys, agents, and representatives. “Including” means “including but not limited to”. The word “will” has the same meaning as the word “shall”.

THIS IS AN AGREEMENT. By using the Site, you accept and agree to these Terms of Use and our Privacy Policy, which is found at www.FineArt.pub/privacy and is incorporated herein by reference. BY THE ACT OF LOOKING AT ANY OF THE PAGES OF THE SITE OTHER THAN THE HOME PAGE OR THIS PAGE, YOU SIGNIFY THAT YOU ACCEPT THESE TERMS OF USE WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY, WITHOUT MODIFICATION, YOU MUST NOT ACCESS OR OTHERWISE USE THE SITE. If you are an individual using the Site on behalf of an entity, you, as an individual, personally represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf and that such entity does accept these Terms of Use.

OTHER AGREEMENTS. In addition to these Terms of Use, the Site contains additional terms that also govern use of the Site or that govern particular features of the Site or particular offers and purchases made on the Site or aspects of your relationship with us (“Additional Terms of Use”). All Additional Terms of Use are a part of these Terms of Use. Your use of any information, products, software, services or features of the Site or your acceptance of offers that are subject to Additional Terms of Use constitutes your acceptance of the applicable Additional Terms of Use. If you do not agree with any Additional Terms of Use, you may not use the information, software, product, service or feature, or accept the offer, to which those terms apply. If any of these Terms of Use conflict with any Additional Terms of Use, then these Terms of Use shall control unless the Additional Terms of Use specifically say otherwise.

CHANGES TO THESE TERMS OF USE. These Terms of Use, including all Additional Terms of Use, are subject to change at any time by us in our sole discretion. CHANGES WILL BE POSTED ON THE SITE, AND IT WILL BE YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS OF USE, INCLUDING ANY ADDITIONAL TERMS OF USE, FOR CHANGES. YOU AGREE TO DO THAT, AND AGREE THAT USING OR VISITING THE SITE AFTER THE EFFECTIVE DATE OF A CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGE. IF YOU DO NOT AGREE TO ANY CHANGE OR ADDITION TO THESE TERMS OF USE, YOU MUST NOT USE THE SITE.

SITE CONTENT; E-MAIL/TEXT SERVICES. The content on the Site and the content of e-mails sent to those signing up for any of Fine Art Publishing’s e-mail or text messaging lists or notifications (referred to collectively in these Terms of Use as “Fine Art Publishing E-Mails”), including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos on the Site and those contained in Fine Art Publishing E- Mails (“Fine Art Content”), are owned by us or licensed to us, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Fine Art Content is provided to you “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our express prior written consent. We may change the Site or add to or delete features in any way, at any time and for any reason. Except as explicitly set forth in these Terms of Use, no right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. We reserve all rights in Fine Art Content and the Site, and these Terms of Use do not transfer ownership of any such rights. The Site and its features may only be used in compliance with the law and for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting your identity or the identity of another user, using buying agents, or conducting fraudulent activities on or through the Site are prohibited. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use Fine Art Content, including text, images, audio and/or video for public or commercial purposes without our written permission. FINE ART PUBLISHING MAY CHANGE THE SITE OR ADD TO OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.

TERMINATION OR SUSPENSION OF ACCESS AND USE. We may terminate these Terms of Use, refuse to provide service, or terminate or suspend your access to or use of the Site or any portion hereof or contents in our sole discretion at any time and for any reason whatsoever, with or without notice, and without liability. Upon any termination or suspension of rights of access or use, or upon any termination of these Terms of Use, your right to access or use the Site and its contents will immediately cease, however, all provisions of these Terms of Use other than those that allow you access or use will survive, including provisions establishing governing law, exclusive jurisdiction and all disclaimers and limitations of liability.

TRADEMARKS. FINE ART PUBLISHING is a trademark of Fine Art Publishing, L.L.C., as are other Fine Art Publishing graphics, logos, and service names. All trademarks not owned by Fine Art Publishing that appear on the Site or in Fine Art Publishing E-Mails are the property of their respective owners. Neither trademarks of Fine Art Publishing nor any other trademarks appearing in the Site, including those appearing in artwork and other images on the Site, may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

COPYRIGHT INFRINGEMENT. If you believe that infringement of your copyright has occurred on the Site or in a Fine Art Publishing E-Mail, please provide our copyright agent with the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the allegedly infringing material can be found on the Site or in Fine Art Publishing E-Mails;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information supplied by you is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site or in Fine Art Publishing E- Mails can be reached as follows:

Copyright Agent
Fine Art Publishing, L.L.C.
4500 East Speedway, Suite 35
Tucson, AZ 85712
phone: (520) 274-4992
e-mail: copyright@FineArt.pub

If you make any material misrepresentation in your notice or in communications with us concerning the alleged infringement, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer (including us if we are claimed to be infringing) arising out of or in connection with our removal or disabling of the material or activity claimed to be infringing.

USER INFORMATION AND IDEAS. In this Section, the word “Information” means any information, materials, suggestions, questions, product reviews, graphics, recordings, ideas or comments that relate to the Site or Fine Art Publishing or Fine Art Publishing’s services, products, operations, facilities, property, or intellectual property. It does not include your name or any other personally identifiable information. By posting Information on the Site or by otherwise communicating Information to us or our affiliates by any means, including by phone, e-mail or use of the Site or Fine Art Publishing E-mail, you agree that the Information is not confidential, that you have all necessary rights and authorities to provide the Information, that you are irrevocably transferring to Fine Art Publishing all rights in the Information, and that you waive all moral rights relating to the Information. You agree that as a result we will be free to use or exploit the Information as we may choose in our sole discretion, without restriction and without obligation to you of any kind, including without obligations of notice, payment, acknowledgment or confidentiality. We will have the right to prosecute all applications, registrations and procedures we deem necessary to protect our ownership of and right to use the Information, and you agree to cooperate with all such efforts.

ILLUSTRATIONS, INFORMATION AND ADVICE. Our product descriptions are not designed or intended to replace your personal knowledge, experience and/or research. We strive to be accurate in our product descriptions, information content, pricing, links and any other product information contained in or referenced on the Site or in Fine Art Publishing E-mails. However, human and technical errors may occur and we therefore cannot and do not guarantee that all product descriptions, specifications, pricing or any other content on the Site are entirely accurate, complete, or current. Likewise, we attempt to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. FINE ART PUBLISHING DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE PHOTOGRAPHS, IMAGES, DRAWINGS, TEXT, DATA AND OTHER VISUAL, AURAL AND WRITTEN INFORMATION ACCESSED THROUGH OR ON THE SITE OR FINE ART PUBLISHING E-MAILS, AND WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF INFORMATION OR ADVICE GIVEN BY FINE ART PUBLISHING, WHETHER OR NOT SUCH INFORMATION OR ADVICE IS PROVIDED IN WRITING.

LINKS CREATED BY YOU. You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Fine Art Publishing or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Fine Art Publishing trademark, logo or other proprietary graphic of Fine Art Publishing to link to the Site without the express written permission of Fine Art Publishing.

LINKS ON THE SITE. The Site and Fine Art Publishing E-Mails may contain links to third-party websites, including some that display Fine Art Publishing trademarks and some that provide services on or through the Site ("Linked Site(s)"). In addition to pages accessed through links that are clearly presented as links, pages that say "brought to you by" or "powered by" a third party, or something similar, are pages on a Linked Site. Links are made available for your convenience and are intended only to enable access to these Linked Sites and for no other purpose. The presence of a link to a Linked Site on the Site or in a Fine Art Publishing E-Mail is not an endorsement or approval of the Linked Site, its content or its privacy policies or practices. We do not warrant or make any representation about the substance, quality, functionality, accuracy, safety, non-infringement, fitness for a particular purpose, merchantability or any other quality or character of any Linked Site or its content, including any products, services, information or other items promoted, offered, sold, provided or otherwise available on or through the Linked Site. If you access a Linked Site or use its services, your transaction is with the Linked Site, not Fine Art Publishing. The terms of use and privacy policy of any Linked Site may differ substantially from those of the Site. We recommend that you review the terms of use, privacy policies and other aspects of use of any Linked Site you visit.

SECURITY. You are responsible for maintaining the confidentiality of any accounts you establish with Fine Art Publishing, including keeping your password confidential and restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account and password. You agree that you will not violate or attempt to violate the security of the Site or to interfere with the proper working of the Site. Among other things, this means that you will not (a) access data not intended for you or log onto a server or an account which you are not authorized to access; (b) use the Site for purposes for which it was not intended, or try to change the behavior of the Site; (c) attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempt to interfere with service to any user, host or network, including without limitation by means of submitting a virus or worm to or overloading, "flooding," "spamming," "mailbombing" or "crashing", the site; (e) forge any TCP/IP packet header or any part of the header information in any e-mail posting; or (f) forge communications on behalf of the Site (impersonate the Site) or to the Site (impersonate someone other than yourself). You may not send unsolicited and unauthorized e-mail on behalf of Fine Art Publishing, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Fine Art Publishing or generally publicly available browsers like Google, Bing, DuckDuckGo and Yahoo.

LIMITATION OF LIABILITY LIMITATIONS. THE DISLAIMERS AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND, NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. IN PARTICULAR, THEY ARE NOT INTENDED TO LIMIT OR EXCLUDE LIABILITY OF FINE ART PUBLISHING OR ANY OTHER FINE ART PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM FINE ART PUBLISHING, OR FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

DISCLAIMER OF WARRANTIES. THE SITE AND FINE ART PUBLISHING E-MAILS ARE PROVIDED BY FINE ART PUBLISHING ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. FINE ART PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED, PROMOTED, SOLD, OR MADE OTHERWISE AVAILABLE ON OR THROUGH THE SITE OR FINE ART PUBLISHING E-MAILS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FINE ART PUBLISHING DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, WITH RESPECT TO THE OPERATION OF THE SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED, PROMOTED, SOLD, OR MADE OTHERWISE AVAILABLE ON OR THROUGH THE SITE OR FINE ART PUBLISHING E-MAILS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, NON- INFRINGEMENT, PRIVACY OR SECURITY. WITHOUT LIMITATION OF THE FOREGOING DISCLAIMER, FINE ART PUBLISHING DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. FINE ART PUBLISHING ALSO DISCLAIMS ALL WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR FINE ART PUBLISHING E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR FINE ART PUBLISHING E-MAILS WILL BE FREE OF VIRUSES, MALWARE OR OTHER THREATS TO PROPERTY OR PRIVACY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY AND DAMAGES.

ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS OF USE ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS OF USE IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS OF USE.

YOU AGREE THAT FINE ART PUBLISHING AND THE OTHER FINE ART PARTIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA) ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY FINE ART PUBLISHING E-MAILS OR FINE ART PUBLISHING PRODUCTS, WHETHER OR NOT ANY OF THE FINE ART PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ANY EVENT, FINE ART PARTIES’ COMBINED MAXIMUM LIABILITY TO YOU AND YOUR AFFILIATES SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000.00) IN AGGREGATE. THESE EXCLUSIONS OF DAMAGES ARE INDEPENDENT OF THE EXCLUSIVE REMEDY PROVIDED IN THE PARAGRAPH BELOW AND SURVIVE IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY FINE ART PUBLISHING E-MAIL, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANY FINE ART PARTY WITH RESPECT TO THESE TERMS OF USE, THE SITE, OR FINE ART PUBLISHING E-MAILS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND TO REMOVE YOURSELF FROM THE MAILING LISTS FOR FINE ART PUBLISHING E-MAILS IN THE MANNER SPECIFIED ON THE SITE OR IN FINE ART PUBLISHING E-MAILS.

YOU AGREE THAT FINE ART PUBLISHING AND THE OTHER FINE ART PARTIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA) ARISING FROM THE PURCHASE OR USE OF, OR INABILITY TO PURCHASE OR USE, ANY FINE ART PUBLISHING PRODUCTS, WHETHER OR NOT ANY OF THE FINE ART PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

WITHOUT LIMITATION OF THE GENERALITY OF ANY OTHER DISCLAIMERS OR LIMITATIONS OF LIABILITY AND DAMAGES, YOU ACKNOWLEDGE AND AGREE THAT FINE ART PUBLISHING AND THE OTHER FINE ART PARTIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY GOODS OR SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SITE OR IN FINE ART PUBLISHING E-MAILS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITED PERIOD FOR FILING SUIT. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, FINE ART PUBLISHING E-MAILS OR ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

INDEMNIFICATION. Without limitation of any other indemnities provided in these Terms of Use, you agree to defend, indemnify and hold harmless Fine Art Publishing and the other Fine Art Parties from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site or any Fine Art Publishing E-mail, or your use of any product or service purchased on or through the Site or purchased from us by some other means, (b) any Information you provide or transmit on or through the Site or Fine Art Publishing E-mail, (c) your violation of these Terms of Use, (d) your violation of any rights of another, or (e) your conduct in connection with the Site or Fine Art Publishing E-mail. Some jurisdictions limit consumer indemnities, so some or all of this indemnity provision above may not apply to you.

PURCHASES

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, information about your credit card, your billing address, and your shipping information. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. We are not obligated to do so, however. You also represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled. All refunds will be made to the card used in making the purchase being refunded. You agree to keep all payment card information provided to us current and authorize us to submit charges even if the card has expired or changed by the time we submit it.

At this time, we only accept payment by Visa, Mastercard, American Express or Discover.

Prices and availability are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for a purchase and your order is cancelled due to revocation of the offer, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may accept or decline all or any part of your order and/or limit quantities for any reason at any time. An order will be considered accepted only after payment in full has been received for the product ordered and the product has been delivered to the carrier. If an order is received for a product that is unavailable, we will inform you of that fact and whether we expect the product to become available at some later time. We will have no liability if our expectation is unmet. Backorders will not be accepted.

You may request a change or cancellation, provided your order has not already been delivered to the carrier. Change and cancellation requests must be submitted by e-mail to Sales@FineArt.pub. If your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Shipping and handling charges on orders vary. Orders may be shipped in increments, at our sole discretion. We ship only to addresses in the United States and Canada. If you purchase products with the intent to export them yourself to another country, you should seek legal counsel or otherwise make arrangements to inquire into the need for, and to obtain, appropriate licenses and/or documentation before shipping to that country.

Risk of damage to and loss of items ordered from us through the Site, by phone or otherwise pass to you upon our delivery to the carrier. We will not be liable for damage or loss occurring during shipment unless solely our fault. If a delivery arrives damaged, save the contents AND the original box and packing. Claims for lost or damaged shipments must be reported to us as well as the carrier within seven days of delivery.

Products may be returned to us by our retail purchasers for any reason within thirty (30) days after delivery, provided the product is returned unused in the same condition in which it was received. If the product is returned due to defect in workmanship or materials, we will either refund the full purchase price paid, plus shipping and reasonable return shipping charges paid, or, upon request, we will repair the product if we feel it is commercially reasonable to do so or replace it if we have a suitable replacement in inventory, in which case we will reimburse your reasonable return shipping costs and will ship the repaired product or the replacement product to the original shipping destination at no additional charge by a carrier of our choice on a non-expedited basis. If the product is returned for any other reason, or if we determine that a product returned as defective is not defective, we will refund the purchase price, but not shipping or return shipping charges. In any event, a Return Merchant Authorization Number (RMA#) must be requested before items may be shipped back to us. Request an RMA# by calling us at (520) 274-4992. The RMA# should be placed on the outside of the box, adjacent to or on the shipping label. The RMA# is valid for 15 days. You will be required to pay return shipping costs, subject to reimbursement in the event of confirmation of a claimed defect. C.O.D. parcels will be refused. Risk of loss shall remain with you until delivery at our facilities in Tucson, Arizona.

We strongly recommend that you fully insure your return shipment in case it is lost or damaged and that you use a carrier that can provide you with proof of delivery.

FORCE MAJEURE. We will not be liable for delay or other failure of performance due to strikes, labor troubles, floods, fires, casualty, accidents, delays in receipt of materials, governmental action, transportation shortages or delays, and other causes beyond our reasonable control.

ATTORNEYS’ FEES. In the event of litigation or arbitration between the parties with respect to these Terms of Use, the Site, Fine Art Publishing E-Mails, products sold by us on or through the Site, or any purchases or other transactions relating to or involving the Site, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees and expenses incurred in connection with same, and such recovery shall be made a part of any award or judgment rendered.

WAIVER. From time to time, Fine Art Publishing, at its sole discretion, may waive the application of any provision of these Terms of Use for the benefit of any one or more persons without obligation to do the same for any other person regardless of any similarity of circumstances. No waiver shall be deemed to occur, however, unless it is given or acknowledged by Fine Art Publishing in writing. Without such a writing, Fine Art Publishing’s failure to exercise any right, remedy, or option under these Terms of Use, or any delay by Fine Art Publishing in exercising the same, will not operate as a waiver.

SEVERABILITY. If any part of these Terms of Use is declared void or unenforceable, the intend these Terms of Use to be reformed by a court to the extent necessary to make the such part enforceable. If such reformation is not possible or is otherwise refused by the court, the offending part shall be deemed severed from these Terms of Use. The invalidity or unenforceability of any term or provision of these Terms of Use or the non-application of any such term or provision to any party or circumstance shall not impair or affect the remainder of these Terms of Use, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

NOTICE. All notices and other communications to you under these Terms of Use shall be in writing or displayed electronically on the Site by Fine Art Publishing. Notices shall be deemed to have been properly given on the date deposited in the U.S. Mail properly addressed and stamped for delivery by certified or Priority Mail, if mailed; on the date first made available to you or you and others, if displayed on the Site; or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you, including e-mail addresses. Except as expressly directed otherwise by Fine Art Publishing herein or elsewhere on the Site, e-mail notices to Fine Art Publishing must be sent by e-mail to Admin@FineArt.pub.

CAPTIONS; ENTIRE AGREEMENT. The captions used in these Terms of Use are for convenience only and shall not be used to construe or interpret any of the provisions of these Terms of Use. These Terms of Use, including any Additional Terms of Use, constitute the entire agreement between you and Fine Art Publishing with respect to the subject matter hereof and of the Additional Terms of Use. All prior versions are superseded and canceled in their entirety.

GOVERNING LAW; EXCLUSIVE JURISDICTION. The Site and Fine Art Publishing E-Mails are created and controlled by Fine Art Publishing in the State of Arizona, USA. Use of the Site or Fine Art Publishing E- Mails and any purchase of goods or services on or through the Site or Fine Art Publishing E-Mails shall be governed by and construed in accordance with the law of the State of Arizona, without giving effect to its principles of conflicts or non-contractual choice of law. Those who choose to access the Site from other jurisdictions, and those who elect to receive Fine Art Publishing E-Mails in other jurisdictions, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. USERS OF THE SITE, INCLUDING PURCHASERS OF GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, AND RECIPIENTS OF FINE ART PUBLISHING E-MAILS AGREE THAT EXCEPT FOR EQUITABLE RELIEF SOUGHT BY FINE ART PUBLISHING, WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO THE SITE, ANY FINE ART PUBLISHING E-MAILS, THESE TERMS OF USE, OR THE PURCHASE, RETURN OR USE OF ANY GOODS OR SERVICES OBTAINED THROUGH USE OF THE SITE OR FINE ART PUBLISHING E-MAILS, SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN PIMA COUNTY, ARIZONA.

OWNER AND OPERATOR OF THE SITE; COPYRIGHTS. Fine Art Publishing, L.L.C., an Arizona limited liability company, is the sole owner of the Site. Except as described above or as otherwise specified in these Terms of Use or elsewhere on the Site, all contents of the Site are © Fine Art Publishing, L.L.C. and/or its licensors or suppliers. All rights reserved.

If you have a question or complaint regarding the Site, please send an email to: Info@FineArt.pub. You may also contact us by writing to Fine Art Publishing, L.L.C., 4500 East Speedway, Suite 35, Tucson, AZ 85712, or by calling us at (520) 274-4992. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.