Circa Arts Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to CircaArts.com, where we and our affiliates provide information, goods and services to you subject to the following conditions. If you visit, download information or shop at the CircaArts.com website (hereinafter referred to as 'Site'), you accept all of these terms and conditions for the use of this Site. Please read them carefully.
By using this website located at the Site, you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Site Use Agreement, please do not use this site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at anytime. Please check the Site Use Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. CircaArts.com sells goods and services to adults who can purchase with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a parent or guardian.
CircaArts.com and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit the CircaArts.com Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of CircaArts.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CircaArts.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing the CircaArts.com name or derivative names or marks, without the express written consent of CircaArts.com. Any unauthorized Site use terminates the permission or license granted byCircaArts.com. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to CircaArts.com, so long as the link does not portray CircaArts.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CircaArts.com logo or other proprietary graphic or trademark as part of the link without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by CircaArts.com, (as otherwise appropriately referred to herein as "we," "us," or "our" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by CircaArts.com. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of CircaArts.com copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to CircaArts.com.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. CircaArts.com reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. CircaArts.com retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of CircaArts.com, as evidenced by the signature authority of a duly authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CircaArts.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CircaArts.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CircaArts.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CircaArts.com, or its affiliates, for all claims resulting from content you supply. CircaArts.com has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by you or any third party.
CircaArts.com and its affiliates attempt to be as accurate as possible. However, CircaArts.com does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by CircaArts.com itself is not as described, your sole remedy is to return it and its packaging in unused condition.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIRCAARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. CIRCAARTS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CIRCAARTS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT CIRCAARTS.COM), WILL ASSUME THE ENTIRE COST OF ALL RESULTING NECESSARY SERVICING, REPAIR, OR CORRECTION, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will CircaArts.com be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if CircaArts.com is expressly advised of the possibility of such damages.
RISK OF LOSS
All items purchased from or through CircaArts.com or related online communication venues are made pursuant to a third party shipment contract whereby we provide services for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our delivery of your goods to the shipping carrier. To the extent you receive goods or services from CircaArts.com, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, CircaArts.com, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, should you receive until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from CircaArts.com, of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of CircaArts.com, (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of CircaArts.com which are protected by U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, CircaArts.com, together with its affiliate companies, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Circa Arts. This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of CircaArts.com or its affiliates, as applicable, which shall not be used in any manner or form without the express written consent of CircaArts.com.
PROHIBITED USES OF SITE
Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site for any purpose, or accessing or purchasing goods or services resulting from use of the Site. Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold CircaArts.com and its affiliated entities, harmless for any and all losses or damages sustained by CircaArts.com from losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any use of any information, photos, images, data, pages, goods or services obtained through the use of our web site. It is explicitly understood that CircaArts.com hereby reserves its right to seek and obtain immediate temporary or injunctive relief orders against any Commercial Entities through a Court of Competent jurisdiction, without imposition of bond, at any time. CircaArts.com further reserves it's right to seek any appropriate additional consequential damages sustained through the prohibited use of the Site, any alleged act constituting tortuous business interference or any other contractual breach deemed to in any way harm CircaArts.com ability to sell any goods or service, resulting from a judicial determination by a Court of competent jurisdiction as set forth in this Agreement
Any consumer related dispute relating in any way to your visit to CircaArts.com, or to goods or services purchased through CircaArts.com, shall be submitted to confidential arbitration in the judicial venue within or nearest to South Bend, Indiana, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or CircaArts.com, domain, trademark, copyright, or other similar intellectual property rights, CircaArts.com reserves its right to seek injunctive or other appropriate relief in any state or federal court(s) as set forth herein, and you consent to exclusive jurisdiction and venue in such Courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to CircaArts.com.
By visiting CircaArts.com, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CircaArts.com or its affiliates. If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition
CircaArts.com controls the Site from its offices in South Bend, Indiana, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to your access to or use of the site or its materials shall be governed by U.S. federal law or the laws of the State of Indiana. In the event of any legal action arising hereunder, you also agree to submit the jurisdiction and venue of any Arbitration forum, Federal or State courts in the Kalamazoo, Michigan area, as applicable under this Agreement.
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