March 10th, 2020
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:
Fine Art Publishing, L.L.C.
P.O. Box 65975
Tucson, AZ 85728
phone: (520) 274-4992
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.
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.
LIMITATIONS OF LIABILITY AND DAMAGES.
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.
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.
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.
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., P.O. Box 65975 , Tucson, AZ 85728, 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.