Shipping / Framing Request
STREET ART MANKIND SALE & BIDDING TERMS
Last Updated Date: Feb. 15, 2018
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR BY PURCHASING SERVICES OR BIDDING ON OR THROUGH THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
SAM reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Services that we offer are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Buyers & Bidders Terms and Conditions
Purchases of Services
You may purchase Services that are listed online through a direct purchase or via an auction. When you purchase such a Services through the Site, you are purchasing the artwork from SAM and not from the Artist on the listing. Prices for Services will be as specified on the applicable listing or in case of the bidding corresponding to your highest bid for the Services. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (501c3), if any, for which you are responsible and which will be separately identified. SAM and/or its third party service providers will collect your billing and shipping information and process your payment.
In order for the service to sell, a bid must be placed on the Site. The bid you select will be considered as your fixed bid amount. For your bid to be registered you will need to enter your full name, address, a valid email and your credit card details. Your information will be kept during the time of the bidding. And you will need to enter all full name, address, email and payment details for each bid to be considered. Yet, you will be charged the amount of your bid at the end of the auction, and if your bid is the highest placed during the time of the auction. The highest bidder during the valid time of the auction will be retained and confirmed by email as the final buyer of the painting auctioned.
If a bid is placed within the last five minutes of the auction, the end time will be extended by an additional 5 minutes allowing for final bids to be placed.
SAM reserves the right to cancel any order for Services placed via the Site if SAM determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If SAM cancels an order placed via the Site, SAM will send you an email confirmation of such cancellation and you will not be charged for your order.
Colors, Sizes & Services display
You understand and agree that SAM uses commercially reasonable efforts to display the colors of artworks accurately via the Site. However, because individual computer monitors may display colors differently, and sizes represented may display approximate proportions of the services SAM is not responsible for the color and the display size accuracy of any Services displayed on the Site, and disclaims all liability in this regard.
SAM may also make available through the Site: text, graphics, audio, video and images of services (collectively, “SAM Content”). SAM authorizes you to download, view and print Saatchi Art-owned Content” solely for your personal use in visiting the Site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SAM or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms children in any way; or (viii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, SAM‘s name, any SAM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SAM‘s express written consent;
• Attempt to probe, scan or test the vulnerability of any SAM system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SAM or any of SAM‘s providers or any other third party to protect the Site, Services or SAM Content;
• Attempt to access or search the Site, Services or SAM Content or download SAM Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SAM or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a SAM trademark, logo URL or product name without SAM’s express written consent;
• Use the Site, Services or SAM Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or SAM Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or SAM Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
SAM will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SAM may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that SAM has no obligation to monitor your access to or use of the Site or Services, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Site, Services and SAM Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, SAM and its licensors exclusively own all right, title and interest in and to the Site, Services and SAM Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or SAM Content.
The Site may contain links to third-party websites or resources. You acknowledge and agree that SAM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SAM of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE SITE, SERVICES, AND SAM CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SAM MAKES NO WARRANTY THAT THE SITE, SERVICES OR SAM CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SAM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAM OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT SAM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold SAM, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services and SAM Content, or your violation of these Terms.
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, Services and SAM Content remains with you. Neither SAM nor any other party involved in creating, producing, or delivering the Site, Services or SAM Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or SAM Content, or from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SAM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SAM used herein are trademarks or registered trademarks of SAM. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between SAM and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between SAM and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without SAM‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SAM may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of SAM to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SAM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Street Art for Mankind
If you have any questions about these Terms, please contact SAM at firstname.lastname@example.org.