Terms & Conditions

Effective date: February 25, 2018

The following terms and conditions (the “Terms and Conditions”, the “Terms”, or the “Conditions”) govern all use of the chrismuhlart.com website (the “Website”, or the “Site”) and all products and services (the “Products and Services”, the “Products”, or the “Services”) available at or through the Site. The Website is owned and operated by Chris Muhl Art (“CMA”, “I”, “My”, “We”, “Us”, “Our” or other similar pronouns). The Website is offered subject to your acceptance without modification of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, CMA’s Privacy Policy) and procedures that may be published from time to time on this Site by CMA (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Site, you agree to become bound by the Terms and Conditions of this Agreement. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access or use the Website, its information, or any of its Products and Services.

Modification

CMA reserves the right, for any reason, and without notice, to change, modify, or terminate any of the Terms and Conditions contained in these Website Terms and Conditions or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ITS CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO THE AMENDED TERMS AND CONDITIONS, YOU MUST STOP USING THE SITE.

CMA reserves the right, for any reason, in its sole discretion and without notice, to terminate, change, suspend or discontinue any aspect of the Site, its Content, features, hours of availability, etc. and CMA will not be liable to any individual or to any third party for doing so.

CMA may also, in the future, offer new Products or Services and/or features through the Website (including, for example, the release of new tools and resources). Such new features and/or services shall be subject to the Terms and Conditions of this Agreement.

If you have any question regarding the use of the Website, questions or comments should be directed to chris@chrismuhlart.com.

Intellectual Property Rights

By using this Site, you acknowledge that CMA owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (“Content”) (including, but not limited to, artwork, images, photographs, illustrations, text, copy, graphics, logos, icons, button icons, other visuals, audio, video, software, code, data, and materials etc.), the look and feel, design and organization of the Website, and the compilation of the content on the Site, including but not limited to any copyrights, trademark rights, service mark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein, excepting content authored or owned by other individuals, or content released under Creative Commons CC0, and content owned by WordPress Foundation or any individual or company (including, for example, WordPress plugin developers) affiliated with WordPress Foundation. Your use of the Website grants you no ownership, or right, or license to any content you may access on the website, or to reproduce or otherwise use any CMA or third-party content, including copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights, etc.

Eligibility and Access

The Site and its Products and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or its Services by anyone under 18 is expressly prohibited. By accessing or using the Site or its Services you represent and warrant that you are 18 years of age or older.

Purchasing and Order

CMA makes certain products available for purchase through the Website to visitors. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by the payment means acceptable to CMA. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us
CMA strives for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. CMA has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, CMA will void the purchase and attempt to contact you via phone or email to inquire if you would like the item for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will CMA be held liable for any damages due to such interruptions or lack of availability.

Privacy and User Information

See Chris Muhl Art’s Privacy Policy at www.chrismuhlart.com/privacy-policy for information and notices concerning CMA’s content and use of your personal information.

General Prohibitions

You warrant and agree that, while using the Website and the various services and features offered on or through the Site, you shall not:

  1. Provide any information which is incomplete, false, inaccurate;
  2. Impersonate another person, or entity;
  3. Access, tamper with, or use non-public areas of the Site, CMA’s computer systems, or the technical delivery systems of CMA’s providers;
  4. Engage in activity constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  5. Transmit or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
  6. Attempt to interfere in any way with the Site’s or CMA’s networks or network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system;
  7. Abuse the social media features (including, for example, sharing, liking, commenting, subscribing, etc.) in any way;
  8. Engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Website or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Site;
  9. Use, display, mirror or frame the Site, or any individual element within the Site, CMA’s name, any CMA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CMA’s express written consent;
  10. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  11. Violate any applicable law or regulation; or
  12. Encourage or enable any other individual or entity to do any of the foregoing.

Responsibility of Website Visitors

CMA has not reviewed, and cannot review, all of the material (including, for example, software, code, data, etc. created by WordPress or its affiliate developers) found on the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CMA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Third Party Web Sites and Links to and From the Site

CMA has not reviewed, and cannot review, all of the material (including, for example, software, code, data, etc.), made available through the websites and webpages to which the Website links, and that link to the Site. CMA does not have any control over non-CMA websites and webpages, and is not responsible for their contents or their use. By linking to a non-CMA website or webpage, CMA does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CMA disclaims any responsibility for any harm resulting from your use of non-CMA websites and webpages.

Copyright Infringement and DMCA Policy

As CMA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify CMA in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. CMA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CMA will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CMA or others. In the case of such termination, CMA will have no obligation to provide a refund of any amounts previously paid to CMA.

Advertisements

CMA reserves the right to display advertisements.

Termination

CMA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website.

Disclaimer of Warranties

THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS, AND MATERIALS IS PROVIDED “AS IS”. CMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CMA MAKES NO WARRANTY THAT THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS, AND MATERIALS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR FREE, OR THAT ACCESS THERETO WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT, PRODUCTS, OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

CMA TRIES TO ENSURE THAT THE INFORMATION CONTAINED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. CMA RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. CMA CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL CMA BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION CONTAINED WITHIN THE SITE.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Products, Services, Content, functions and materials remains with you.

In no event will CMA, and (as applicable) CMA’s subsidiaries, partners, divisions, successors, distributors, contractors, galleries, institutions, representatives, affiliates, officers, directors, employees, agents, content or service providers, or suppliers (collectively, the “Protected Entities”) be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) lost profits or any special, incidental or consequential damages; (ii) the cost of procurement for products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CMA under this agreement during the twelve (12) month period prior to the cause of action. CMA shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You hereby acknowledge that the preceding paragraphs shall apply to all Content, merchandise and Products and Services available through the Site.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the CMA Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Consent to Processing

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Indemnification

You agree to indemnify and hold harmless CMA, its contractors, and its licensors, and their respective directors, officers, employees, agents, and other Protected Entities from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Risk of Loss

The items purchased from the Website are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

Miscellaneous

This Agreement constitutes the entire agreement between CMA and you concerning the subject matter hereof. This subject matter may only be modified by a written amendment signed by an authorized executive of CMA, or by the posting of a revised version by CMA. Except to the extent applicable law, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms and Conditions; CMA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Resolution of Disputes

CMA strives to satisfy every customer. In the event a dispute arises between you and CMA, please email CMA at chris@chrismuhlart.com and I will work quickly towards a solution.

Further Inquiries

Please direct questions about these Terms and Conditions, or other issues, to chris@chrismuhlart.com.

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