Terms and conditions

Last update date: June 17, 2016

By using and accessing this website, you agree to these conditions.

ELECTRONIC COMMUNICATIONS

By using this website, or send e-mails, messages, and any other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us in electronic format. We consent to us communicating with you in a variety of ways, such as by e-mail. 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.

COPYRIGHT

Any and all content included in or made available through this website, such as text, graphics, logos, pictures, images, audio clips, downloads and software is the property of the State of the Art and protected by United States and international copyright laws. The compilation of all content included in or made available through this website is the exclusive property of the State of the Art and protected by U.S. and international copyright laws. We respect the intellectual property of others, if you feel that your work has been copied or something on the website infringes on a copyright, please notify us in writing immediately.

TRADEMARKS

All graphics, logos, page headers, icons, scripts, and any other service marks included in or made available through this website are trademarks of the State of the Art. The website’s trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion, or in any manner that disparages or discredits the State of the Art. We respect the intellectual property of others, if you feel that your work has been copied or something on the website infringes on a trademark, please notify us in writing immediately.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use State of the Art grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the website. Any and all rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by State of the Art or its agents. Nothing contained in this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of State of the Art. You expressly agree not to use any framing technique to capture any trademark, logo, or other proprietary information contained in this website. You agree to use this website only in the matter permitted by law and not misuse the website in any way. The license granted by State of the Art shall immediately terminate in the event you fail to comply with these Conditions of Use or any other terms contained herein.

LOGIN

You as the user are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

RISK OF LOSS

All items purchased from this website are made pursuant to a shipment contract between the artist and the purchaser. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier and State of the Art is in no way responsible for any damages, losses, or any other claim for items purchased from this website.

RETURNS/REFUNDS

State of the Art does not own or in any way take title to the items on this website. As such any disputes regarding the artwork purchased on this site is solely between the artist and the purchaser.

SHIPPING

State of The Art Gallery and Magazine and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases.

State of The Art Gallery and Magazine will provide the ARTIST with the name and address of the purchaser and, unless otherwise instructed in writing by State of The Art Gallery and Magazine, the ARTIST will be responsible for shipping the purchased Work of Art directly to the purchaser. The ARTIST agrees to ship the Original Work of ARt to the purchaser within 10 business days following the date of purchase (the “Shipping Period”). If the ARTIST do not ship the purchased Work of Art to the purchaser prior to the expiration of the Shipping Period, a notification will be send to the purchaser.

 

PRODUCT DESCRIPTIONS

All artwork description is created by the artist, State of the Art does not warrant any descriptions or other content that the description is accurate, complete, reliable, current, or error-free.

PRICING

All pricing for the artwork is set by the artist and represents the full price for the artwork before any shipping charges or taxes. The shipping charges are arranged between the artist and the purchaser depending upon the manner of delivery.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STATE OF THE ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STATE OF THE ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL RISKS. STATE OF THE ART IS NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any this website, you agree that applicable federal law, and the laws of the state of Florida, 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 State of the Art.