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CONTACT INFORMATION

212-524-5519
(Monday through Friday 9:30 AM — 6:00 PM EST)

shop@artandcommerce.com

Art + Commerce
755 Washington Street
New York, NY 10014
attn: shop

PURCHASING

All transactions on shop.artandcommerce.com are processed using a secure connection (SSL). We will send a confirmation email as soon as an order has been received. A second email — including a tracking number — will be sent once an order has shipped.

Orders are securely packaged and are delivered by FedEx. The cost of delivery is calculated during the purchasing process and is based on the destination country. The total cost of your order will be calculated before you agree to make a purchase.

We accept American Express, Visa and MasterCard; prices are quoted in $USD.

All sales are final.

The Art + Commerce offices will be closed for the holidays from December 24, 2009 through January 3, 2010. Orders placed online during this period will be shipped once our offices reopen on January 4.


STANDARD TERMS AND CONDITIONS OF SALE

Entering this e-commerce Web site will constitute your acceptance of these Standard Terms and Conditions of Sale (“ST&C”). If you do not agree to abide by these ST&C, please do not enter this e-commerce Web site (http://shop.artandcommerce.com). If you violate any of the terms of these ST&C, we reserve the right to decline your request(s) for purchase and/or restrict your use of the Art + Commerce web site.


PURPOSE
These ST&C will be automatically binding and enforceable between Art + Commerce (an IMG Worldwide, Inc. company based in New York, New York, USA) and any individual or legal entity (the “Purchaser”) wishing to purchase the products offered from Art + Commerce via any of its on-line purchasing Web site (“e-commerce Web site”). Art + Commerce reserves the right to change these ST&C without notice and will become effective immediately after they are first posted to the e-commerce Web site. The valid and applicable ST&C are those indicated on the e-commerce Web site at the time of ordering.
These ST&C are written in the English language and the Purchaser agrees that all documentation, information and correspondence related to your order will be given and interpreted in the English language.
These ST&C shall be deemed to include all other notices, policies, disclaimers and other terms contained in the e-commerce Web site provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these ST&C shall prevail. If any provision of these ST&C is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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OPERATION OF THE E-COMMERCE WEB SITE
While we agree to use our reasonable endeavors to provide a fully operational e-commerce Web site, we cannot ensure this and therefore we accept no responsibility for any defects and/or interruption of the e-commerce Web site and shall be released from our obligations under these ST&C in the event of any cause beyond our and/or our agents and vendors’ reasonable control that renders the operation of the e-commerce Web site impossible or impractical. However, your access to the e-commerce Web site may be occasionally restricted to allow for routine maintenance.
Art + Commerce reserves the right to decline your request(s) for purchase and/or restrict your use of the Art + Commerce web site at any time. Without limitation, Art + Commerce also reserves the right to report any activity (including the disclosure of appropriate data or information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Art + Commerce also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any suspected violations of these ST&C, please contact Art + Commerce.
All purchases of the Products via the e-commerce Web site will be deemed to have occurred in the State of New York, USA. These ST&C shall be governed by and construed in accordance with the law of the State of New York, USA and the Purchaser hereby agrees to submit to the exclusive jurisdiction of the courts of the State of New York, USA.

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DESCRIPTION OF THE PRODUCTS
Art + Commerce enables the e-commerce Web site users to purchase art products (the “Products”) via the e-commerce Web site. The exact descriptions of the Products are given on the e-commerce Web site at http://shop.artandcommerce.com.

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PRICES
The valid and applicable prices for the Products are those in force on the date on which the Purchaser makes its order. Prices and availability are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).
The amount charged for the Product order will consist, without limitation, of the following:
• The price of the Products, calculated by multiplying the unit price of the Product by the quantity ordered.
• The cost of processing the order that is a fixed amount which is independent of the quantity ordered.
• Any applicable taxes payable thereon.
• The shipping, optional insurance, transport and delivery costs that are calculated according to the destination, weight, dimensions, and the quantity ordered, among other things.
8.875% sales tax is added to the total amount authorized for payment upon order on all of the Products purchased by New York State residents and/or those Products delivered anywhere within New York State. As sales tax rates vary according from delivery location within New York State, the actual sales tax will be calculated accordingly and the amount may be reduced when the payment is finally settled. Shipments outside New York State will not be charged sales or use tax; however, you may be liable for local, state and/or federal taxes in your delivery area. You are solely responsible for paying such taxes to the appropriate tax authorities.
Please note that all shipments to places outside of the United States may be subject to import duties and taxes which are levied once a shipment reaches that country. Any additional charges for customs clearance must be borne and paid by you; we have no control over these charges and cannot predict what they may be. If your order incurs import duties and taxes by your local customs authority in your country, then these will need to be paid directly by you to them/the courier before they will release your shipment to you. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. You agree to indemnify us, our parent company, and affiliates in full in respect of any such duties and taxes.

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ORDERING PROCESS
All orders by the Purchaser must be exclusively made on the e-commerce Web site via an electronic ordering process implemented and operated by Art + Commerce (or under Art + Commerce control by a sub-contractor). These orders are “e-commerce orders”.
Note that sending an email or fax to Art + Commerce directly or by means of a contact form on the Art + Commerce Web site does not constitute an e-commerce order.
We cannot ensure that any of the Products on the e-commerce Web site are in stock or available. In the case of an ordered Product becoming out of stock, items will be allocated on a time-ordered basis and a full refund offered to all excess orders. In the event that a Product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such item listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue you a refund in the amount of the incorrect price.
The total amount of the order must be paid one sum using the process indicated at the end of the ordering process. All sales are final.

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PAYMENT
The accepted methods of payment are those identified on the e-commerce Web site at the time of your placement of the order and can vary according to your location or shipping destination. The Purchaser selects the method of payment from among those listed and accepts it unreservedly. The following credit cards are currently accepted for payment: Visa, MasterCard, and American Express. All credit card payments are handled securely by www.Authorize.net (an Internet service payment provider) as described more fully below. At this time, Art + Commerce does not accept payment by check, PayPal or COD.
All payments must be in United States Dollars (“USD”) unless specifically noted to the contrary. For foreign currency payments, the exchange rate that will apply is determined by your credit card issuer. Please contact your credit card issuer for further information on the applicable rates of exchange.
If the Product is deemed oversized, you hereby authorize Art + Commerce and/or its delivery vendors to assess additional fees to your credit card as necessary.
Any taxes and duties relating to importation into a particular country are the responsibility of the Purchaser. According to standard procedure, customs clearance will be handled by the carrier who will directly invoice the purchaser afterwards. Any order shipped to a country outside of the United States may need to follow an importation procedure. Art + Commerce recommends to the Purchaser to check importation procedures in your country before ordering.
Once the Purchaser places an e-commerce order and Art + Commerce has received payment in cleared funds, we will begin the fulfillment process for the Products you have ordered.

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VALIDITY OF ELECTRONIC PURCHASES
Art + Commerce and the Purchaser agree that the electronic purchases and exchanges that may and do take place between them will constitute legal proof of the parties’ intentions. Any automatic messages sent by Art + Commerce’s Web sites or the e-commerce Web site will have a non-contractual, informative character only.

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ORDER ACKNOWLEDGEMENT
Art + Commerce will notify you by email once your order has been shipped and will provide tracking information at that time.

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TERM AND TERMINATION
These ST&C are applicable from the date of validation of the order by the Purchaser up until the delivery of the purchased Products.
Art + Commerce may terminate your access to the e-commerce Web site, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Art + Commerce shall not be liable to you or any third party for termination. Should you object to any provision of the ST&C or any subsequent modifications thereto, your only recourse is immediately to terminate your use of the Web site. Upon termination of your access to the e-commerce Web site, your right to use the e-commerce Web site shall immediately cease.

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INFORMATION AND DATA
The information provided by the Purchaser at the time of the order shall be binding. In the event of an error, Art + Commerce may not be held liable for the consequences thereof, and for difficulties in delivering the Products in particular. When the said error is the reason for a delivery delay or error, all expenses incurred by Art + Commerce for reshipment of the order will be borne entirely by the Purchaser.

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GEOGRAPHIC AREA
The Products offered for sale by Art + Commerce at the e-commerce Web site are valid only for the United States and all countries that permit such sales and export thereto, in relation to purchase, invoicing and delivery. Orders concerning countries in which the Products are not marketed or exportable will be refused. If you are able to select your own or desired country when filling in the delivery and billing addresses, then we likely are able to ship most of the Products to your country.

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DELIVERY AND SHIPPING
Incorrect personal, contact and payment information may lead to problems or delays in delivery. Therefore, before confirming your order, please ensure that you have included the full address and payment details, including the accurate address and postal code, country name, telephone/cell numbers, and e-mail address.
In the case of delivery to certain locations where a third party is involved, such as offices, airports, clubs, hotels, neighbors, and/or other business or private locations, the signature of any person authorized to accept delivery on behalf of the third party shall be accepted as proof of delivery.
Delivery costs will vary depending on factors including the shipping method, delivery location and the size, dimensions and weight of the Products. The Products will be carefully packaged to attempt to prevent damage during transit. Art + Commerce uses a variety of carriers to provide the best service and lowest cost for the Purchasers. The Product orders ship and are delivered only Monday through Friday, excluding holidays. Unfortunately, the Purchaser is unable to specify the carrier of their choice. On rare occasions we may face an unforeseen delay in shipping your order.
The term “shipping” or “ship” includes the commencement of shipping of a single Product, multiple Products, and/or Products made of components that are shipped separately. For example, your order may consist of (1) several different Products, (2) a quantity of the same Product, or, (3) a single Product with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
P.O. Box Shipping: We prefer to avoid shipment to a P.O. Box. If we do accept shipment to a P.O. Box but later determine that the Product cannot be shipped to a P.O. Box, we will ask you to provide a physical shipping address.
APO/FPO Shipping: If permitted by current US Armed Services rules, we can ship most of the Products to APO/FPO destinations. If it is determined that the Product cannot be shipped to an APO/FPO destination, we will ask you to provide a physical shipping address.
International Shipping: The Products offered for sale by Art + Commerce on the e-commerce Web site can be delivered only to the countries in the Geographic Area described above. Orders for delivery to countries in which the Products are not marketed or exportable will be automatically rejected.
Deliveries will be made to the destination expressly agreed upon beforehand. Any delivery dates are given by way of information only.
In the case of a shortage of stock of the Product ordered via the e-commerce Web site, sales of the Products on the e-commerce Web site may be suspended. Except in exceptional circumstances, if you are able to access and complete the order, it means that the Product stocks are sufficient to fill the order.
The type of transport and related costs are indicated on the e-commerce Web site, and are an integral part of the order. The Purchaser automatically accepts the conditions unconditionally at the time of conclusion of the order. Art + Commerce reserves the right to cancel an order if the delivery conditions are too difficult to carry out the delivery. The delivery vendor is not required to take any extraordinary efforts to deliver the goods.
If we are unable to deliver your order within 21 days, we or the delivery vendor will contact you to advise you of this fact. You will then have the option of canceling the order and receiving a full refund or accepting a later delivery date.

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SECURITY
The e-commerce Web site uses the www.Authorize.net secure payment gateway system. When you purchase the Products, you automatically and unconditionally accept the terms and conditions of use imposed by www.Authorize.net which can be found and reviewed at www.authorize.net/company/terms/. Payment will be debited from your credit card before the dispatch of the Product you have purchased. Upon processing a transaction, www.Authorize.net will email you an electronic transaction receipt which will be sent to the email address you provide. Art + Commerce will then also send you an email confirming your order and that the payment has been received by us. You agree that we may issue you with invoices in electronic form by email. Please keep both of these emails for your records. Art + Commerce does not hold your credit card details as all card data is processed securely by www.Authorize.net.
It is understood that security efforts are aimed at protecting the interests of both Art + Commerce and the Purchaser. However, Art + Commerce (either directly or through its vendors) only has a best endeavors obligation to implement appropriate means in relation to the risks involved and the state-of-the-art technology, and not an obligation to achieve a particular result.

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DOCUMENTATION
Art + Commerce recommends that the Purchaser keep all documents relating to the order of the Products via the e-commerce Web site.

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NO RETURNS OR CANCELLATION OF ORDERS
No returns of the Products will be offered or taken by or on behalf of Art + Commerce.
The e-commerce Web site does not allow for cancellation of an order by the Purchaser once the final stage of payment has been achieved.

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NO WARRANTY
THE E-COMMERCE WEB SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. ART + COMMERCE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE E-COMMERCE WEB SITE OR PRODUCTS, OR OTHER SERVICES OR PRODUCTS PROVIDED THROUGH THE E-COMMERCE WEB SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT ART + COMMERCE DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, SERVICES OR THE E-COMMERCE WEB SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. ART + COMMERCE DOES NOT GIVE ANY IMPLICIT OR EXPLICIT ASSURANCE OF THE SUITABILITY OF THE PRODUCTS FOR THE PURCHASER OR THE PURCHASER’S NEEDS.

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RISK OF LOSS
All items purchased from the e-commerce Web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the Product to the delivery carrier.

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USE BY CHILDREN UNDER AGE 18
Art + Commerce cannot prohibit minors from visiting the e-commerce Web site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which content and products are appropriate for such children to view and/or purchase.
We require that all purchases of the Products be made either (i) by individuals 18 years of age or older, or (ii) by minors with the permission of their parent or guardian for such minors to purchase items on the e-commerce Web site and for the collection by us of certain information in accordance with the terms of our attached Privacy Policy. EACH TIME YOU PURCHASE A PRODUCT AT THE E-COMMERCE WEB SITE, YOU ARE REPRESENTING TO ART + COMMERCE THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS OF OUR ATTACHED PRIVACY POLICY.

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LIMITATION OF LIABILITY
Your use of the e-commerce Web site is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the e-commerce Web site. Under no circumstances can Art + Commerce’s liability for damages exceed the price of the Products delivered. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Art + Commerce has been advised of or should have knowledge of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
ART + COMMERCE EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE E-COMMERCE WEB SITE, ITS SERVICES, OR THE PRODUCTS (HOWEVER ARISING INCLUDING NEGLIGENCE) INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEB SITES, FACILITIES, OR YOUR DATA OR YOUR CONTACT INFORMATION (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND ART + COMMERCE'S REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT ART + COMMERCE SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE PRODUCTS, THE ART + COMMERCE WEB SITES BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE ART + COMMERCE'S PRODUCTS AND SERVICES OR ANY SYSTEM, PROGRAM, DATA OR PERSONAL INFORMATION OR LIMIT THE FUNCTIONING OF THE E-COMMERCE WEB SITE, PRODUCTS, SERVICES OR ANY SOFTWARE, HARDWARE, OR EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED ACCESS TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.

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ONLINE CONDUCT
Use of the e-commerce Web site is intended to assist with purchases of the Products. You are prohibited from engaging in any form of Internet abuse including (as applicable) but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email or cell phone text to any (regardless of the number) of the e-commerce Web site users (commonly referred to as “junk mail” or “spam”), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posts that are off-topic according to the charter of the newsgroup or mail list where such posts are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.

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EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations

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FORCE MAJEURE
Art + Commerce shall not be in breach of these ST&C and will not be liable for any losses arising out of or in connection with the delay or interruption of its performance of obligations, whether or not resulting from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions, acts or omissions by a third party, infiltration or disruption of the e-commerce Web site by a third party, catastrophes, mistakes, omissions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, acts of God, communications failure, theft, destruction or unauthorized access to Art + Commerce’s records, programs or services and/or the Products, that are beyond Art + Commerce’s reasonable control.

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INTELLECTUAL PROPERTY RIGHTS
The e-commerce Web site is proprietary to Art + Commerce. All the text, images, marks, logos information, data, software, artwork, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content of the e-commerce Web site (collectively the “Content”) is proprietary to Art + Commerce or to third parties from whom Art + Commerce has obtained permission. Art + Commerce authorizes you to view, download, and print the Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any of the Content; (iii) you may not modify the Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Content by Art + Commerce. Except as expressly permitted above, reproduction or redistribution of the Content, or any portion of the Content, is strictly prohibited. You represent and warrant that your use of the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
Art + Commerce relies upon a network of independent persons and vendors who supply some of the Products advertised on the e-commerce Web site and, in some cases, may drop ship them directly to the Purchasers. Therefore, Art + Commerce cannot ensure that the Products do not infringe upon the rights of any third parties. In the case of an action for infringement of patent against the Purchaser, the Purchaser must immediately inform Art + Commerce and give Art + Commerce full rights to assist the Purchaser in the defense procedure.

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REPORTING POSSIBLE INFRINGEMENT
If you believe that your rights under United States or international copyright laws are being violated by any of the Content posted on or transmitted through the e-commerce Web site, or the Products made available for purchase on the e-commerce Web site, please contact Art + Commerce promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or the Product availability. It is Art + Commerce’s policy to disable access to the Content and the Products that infringe intellectual property rights. In order for Art + Commerce to investigate your claim of infringement, you must provide us (using the contact information below) with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property interest that you believe has been infringed;
  3. A description of where the Content and/or Products that you claim is infringing is located or identified on the e-commerce Web site together with your full legal name, address, telephone number, and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  5. A statement by you, made under penalty of perjury, that the infringement claim information submitted by you to Art + Commerce is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

Fax:                        +1 212 463 7267 (Attn: Legal Dept.)
Mail or Courier:       755 Washington Street, New York, New York 10014, USA.

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DISPUTES
Any dispute relating in any way to your visit to the e-commerce Web site shall be submitted to confidential arbitration in New York City, New York, USA, except that, to the extent you have in any manner violated or threatened to violate Art + Commerce’s intellectual property rights, Art + Commerce may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these ST&C shall be joined to an arbitration involving any other party subject to these ST&C whether through class arbitration proceedings or otherwise.
©2008. IMG/Art + Commerce. All rights reserved.
Last Rev.: June 17, 2008


PRIVACY POLICY
Please read and review the Privacy Policy that governs your visit to the e-commerce Web Site. Art + Commerce is committed to protecting your privacy and the security of all information and data collection via this Web site, http://shop.artandcommerce.com (“Web site”). To demonstrate this commitment, we have adopted the following privacy policy for this Web site (“Privacy Policy”), based on the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding this Web site’s users and their activities at this Web site. Please review this Privacy Policy each time you use this Web site as it is subject to change at any time by us without notice to you. It is your obligation to review this Privacy Policy from time to time. By accessing this Web site you are indicating your agreement to all of the terms of this Privacy Policy. Any changes to this Privacy Policy will be effective immediately upon posting to this Web site.
The Web site is operated by Art + Commerce. The physical address for Art + Commerce is 755 Washington Street, New York, New York 10014, and its telephone number is (212) 206-0737.


WHAT TYPES OF INFORMATION AND DATA ARE COLLECTED
We collect contact, personal, registration and financial information via this Web site to support its business operations. We obtain such information and data from you in 1 of 2 ways — actively and passively — as follows:

1.      Actively:    Information and Data Submitted by You
This Web site requests contact and personal information (for example, your name, email and physical address) when an individual user is either requesting information through mail or email or when purchasing a product. This information is used by Art + Commerce and its affiliates solely for the issuance of the requested information. This information is stored in a database and may be used subsequently to re-issue updates of the previously requested information or new products. By submitting your information you are opting in to receive communications from Art + Commerce and its affiliates and partners about products and related products and services.
Art + Commerce does not require disclosure of this information and data to obtain access to any area of this Web site. This information and data will enable Art + Commerce to contact you should the need arise or to respond appropriately to any request or question you have about this Web site.

2.      Passively:  Information Collected by this Web site’s “Cookies” Feature
We will make use of this Web site’s “cookies” feature to help you use this Web site more easily. We may use the information collected by this Web site’s cookies in an aggregated form to measure number of visits, average time spent on this Web site, pages viewed, and other relevant statistics. We collect this information to measure the overall visitor traffic, use of this Web site and to improve the operation of this Web site.
A “cookie” is a small data file that this Web site can send to the Internet browser you are using, which may then be stored on the hard drive or server of the computer you are using to help this Web site remember information about you when you return to this Web site, such as your preferences for this Web site and if you desire, your account identification. This Web site’s cookies do not read data from the hard drive of the computer you are using, read cookie files created by other Web sites, or track any personal information about you. You may have the option of setting the Internet browser (e.g., Google, Yahoo!, etc.) you are using to reject cookies however doing so may negatively impact upon the performance of this Web site or restrict Art + Commerce to improve your use of this Web site. The “help” portion of the toolbar on most Internet browsers will tell you how to prevent the Internet browser you are using from accepting new cookies, how to have the Internet browser notify you when a new cookie is received, or how to disable the cookie feature altogether.


CORRECTION, CHANGE AND REMOVAL OF INFORMATION
We acknowledge that you have certain legal rights concerning the contact and personal information collected by us via this Web site. Users of this Web site have a right to be told of their privacy rights (that are, for the sake of clarity, set out in this Privacy Policy) and our information collection practices via this Web site. Users have a right to know what information we have collected about them via this Web site, and with whom we share such information. Users have the right to request removal of their contact and personal information collected via this Web site in order to not receive future communications from Art + Commerce. Users also have a right to correct or change their contact and/or personal information in the database that we collect from this Web site. Users have the following options for correcting, changing and removing contact and personal information from the Web site’s database:

  1. You may email the Webmaster at support@artandcommerce.com.
  2. You may fax +1 212 463 7267, Attn: Webmaster.
  3. You can mail or courier the following postal address: 755 Washington Street, New York, New York 10014, USA, Attn: Webmaster.
  4. You can call the following telephone number: 1 (212) 206-0737.

SECURITY
We have security measures in place to endeavor to protect against the loss, misuse or alteration of the information collected via this Web site and maintained by us. To accomplish this, we use Secure Socket Layer (“SSL”) protocol to transmit your contact, personal and program/camp registration information and data from the computer (including, but not limited to, a desktop or home computer, laptop, personal digital assistant (e.g., a BlackBerry), and/or portable or tablet computer) you are using to access this Web site’s server across the Internet. We reserve the right to restrict access to any transactional portions of this Web site to computers running Web site browsers that support SSL protocol. Therefore, to take advantage of this protection technology, you need to use a SSL capable browser. We cannot and are not responsible for maintaining your privacy once you leave this Web site.


THIRD PARTY WEB SITES, ADVERTISING AND LINKS
As a convenience to users of this Web site, we may include third party links on this Web site to third party Web sites or permit third parties Web sites to link to this Web site. We will attempt to only post links to Web sites that share Art + Commerce’s high standards and respect for the users’ privacy. If you provide any information or data to parties who operate Web sites that are linked to or from this Web site, different rules may apply to their collection, use or disclosure of your personal information and data, including information provided by you and collected by their Web sites’ cookies. We strongly encourage you to review such other Web sites' privacy and legal policies before revealing any sensitive or personal information. Links to and/or from a third party Web site, whether provided by Art + Commerce or not, does not imply any affiliation between us and the third party’s Web site or its company, products or services, or an endorsement of such third party or its Web site. We may cancel any third party link at any time and may remove any link from this Web site upon request from the beneficial rights owner of the linked Web sites. Such requests should be sent to this Web site’s Webmaster. We are not responsible for the privacy practices or the content of such third party Web sites.
This Web site advertises and promotes the products and services of third parties. When you click on any banners or pop-ups or hyperlinks on this Web site, you must assume that information is being collected about you. We are not responsible for the use of any information and data collected in such a manner. You must also assume that (1) information and data will be collected, (2) that cookies will usually be placed by Web sites on the hard drive of the computer you are using, (3) that we have no control over what happens with such third party collection of your information and data, (4) that we take no responsibility for the third party advertisers’, sponsors’ and/or vendors’ Web sites, (5) that we are not responsible for downloads from third party advertisers, sponsors and vendors that contain viruses or worms or other computer code that causes harm to the computer or software you are using, and (6) that we assume no responsibility for the information and data that is garnered from the click itself or that the third party advertiser, sponsor and/or vendor collects.
Regardless of the precautions we take, Art + Commerce cannot and does not ensure or warrant the security of any information and data that you submit and transmit to us and/or is collected by this Web site’s cookies, at your own risk. Further, we assume no responsibility for (a) any damage to computers or software that you are using to access this Web site or (b) any damage incurred by you or any person or entity you subsequently communicate with from corrupting code or data that is inadvertently passed to their computers.


SPECIAL PRIVACY POLICY ON INFORMATION REGARDING CHILDREN
This Web site is not directed to solicit random or personally identifiable information from children. Please note that parents/guardians may consent to the collection and use of information about their children without necessarily consenting to the disclosure of personal information to third parties.
If you are concerned about your child's use or alleged use of this Web site, you may use Web site filtering technology to supervise or limit their access to this Web site or you can contact the Webmaster pursuant to the section above entitled: ‘CORRECTION, CHANGE AND REMOVAL OF INFORMATION’.


DISCLOSURE OF AGGREGATE INFORMATION
We may combine your personally identifying information, and information about your preferences, usage and activities, with those of all or a particular group of this Web site’s users to prepare collective profiles of this Web site’s users and their preferences, usage and activities for Art + Commerce’s internal use. For example, we may track the number of this Web site’s users who view certain pages or use certain features on this Web site or to track geographic trends. Such information and data, and other information we derive from this Web site’s individual users' information and data, allows us to continue to develop and provide you with quality information and data through more accurate marketing and advertising of this Web site. Art + Commerce may share aggregated information concerning this Web site’s users, without attribution of personal information, to our sponsors, vendors, advertisers, affiliates and other companies with whom we conduct business.


DISCLOSURE OF INFORMATION
We will comply with any court order or other requirement of law that requires us to disclose or not disclose the information that you provide to us or that this Web site’s cookies collect from you via this Web site. Otherwise, we may disclose your personal information that you provide or that this Web site collects via cookies such as your name, address, email address, telephone number, account numbers, etc. to third parties. We may lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to the information, and data that you provide to us or that this Web site’s cookies collects from you, to third parties.


WHAT YOU CAN DO TO PROTECT YOUR INFORMATION
Use only secure Web sites when disclosing your personally identifiable information. Secure pages generally begin with “https”. Avoid easy to decode (that is, easy to figure out) access codes (e.g., your name) and/or personal ID numbers. Never respond to unsolicited requests for your social security number or your financial data. Do not disclose your passwords to this Web site (if any) or your account information to any other person or entity.


EMAIL
If you send a person or entity an email from this Web site, or if you email this Web site’s URL, you must assume that some data is collected about Internet Protocol address that you are using and/or your email address and that of the person or entity to whom you sent the email. You must assume that referred emails or Web site pages may appear to come from your email. You must accept full responsibility for referring emails and Web site pages to such person’s and entities agree to indemnify Art + Commerce, its parent, affiliates and employees for any damages, intentional or unintentional, that result from said emails and URL referrals.


GENERAL
This Privacy Policy is governed by the internal substantive laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies and claims arising under, in connection with, or out of this Privacy Policy shall lie exclusively with the state and federal courts within the State of New York in the United States. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL ART + COMMERCE, ITS PARENT, AFFILIATES AND/OR EMPLOYEES HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.

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©2008. IMG/Art + Commerce. All rights reserved.
Last Rev.: June 17, 2008