TERMS AND CONDITIONS
Welcome to Dawson Cole Fine Art and “carmel.dawsoncolefineart.com” herein also referred to as the 'Site'.
a) Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
b) Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
c) Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by carmel.dawsoncolefineart.com in a manner not authorized by carmel.dawsoncolefineart.com.
d) Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
e) Impersonate any other person including but not limited to, a registered user of this Site or an employee of carmel.dawsoncolefineart.com.
f) Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
g) Misrepresent the identity of a user or use a false e-mail address.
h) Tamper with or obtain access to this Site or any component of this Site.
i) Conduct fraudulent activities
j) Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
2. Eligibility for Use: The Site is available to visitors who are 18 years and older and who have not been suspended or removed by carmel.dawsoncolefineart.com for any reason. By viewing the Site you represent that you are of legal age. If you do not qualify, you may not use the Site. You agree to use the Site for your own personal use and not for commercial purposes. Without limitation, use of the site by employees or agents of a commercial enterprise in the course of their employment or agency is a prohibited commercial use.
4. Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to images, logos, graphics, videos and text) available on the Site are the property of carmel.dawsoncolefineart.com and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.
5. Prohibited Use:
a) You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
c) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.
d) You may not copy, frameset, enclose or otherwise distribute any part of the Site.
6. Links to Third Party Websites: No Implied Endorsements: This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
8. Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, VIDEO AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, CARMEL.DAWSONCOLEFINEART.COM DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability: IN NO EVENT SHALL CARMEL.DAWSONCOLEFINEART.COM OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF RICHELE FINE ART, INC. , HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF CARMEL.DAWSONCOLEFINEART.COM OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO CARMEL.DAWSONCOLEFINEART.COM IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $1. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CARMEL.DAWSONCOLEFINEART.COM OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED OR OTHERWISE STORED BY OR ON BEHALF OF CARMEL.DAWSONCOLEFINEART.COM.
YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IN SUCH STATES SOME OR ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Not Intended for International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
12. Termination. If at any time, we notify you that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. You agree that we will have no liability to you or any third party for termination of your access to the Site.
13. Copyright Infringement: Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Web Master, Dawson Cole Fine Art, PO Box 1596, Carmel, CA 93921 mailto:firstname.lastname@example.org
c) For violating Sections 1(b), 1(i), or 5(c) of these Terms or Use, or continuing to access or use the Site after your account has been terminated pursuant to Section 23 or after you have been suspended or removed from using the Site pursuant to the first paragraph of Section 2, you agree to pay $25,000 for each Instance of Unauthorized Conduct.
REFUNDS & RETURNS
Buyer acknowledges that the sculptures on the Site are handmade and hand-finished and that patinas may vary. Work represented by a photograph for all Works may not be identical in all respects to the actual representation of the Work. Photography, lighting, computer screens and the like all may slightly change the representation of the Work on the Site and buyer acknowledges this.
All sales are final, but the Buyer is subject to credit in the event that the Buyer is dissatisfied with the Work. Buyer shall have 3 days upon receipt of the artwork to notify the Seller of any damages or grievances with the Work.