Conditions of Use

Effective December 30, 2021

Your use of the SelectArt.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy. SelectArt reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. 

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY. 

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY 

The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to SelectArt, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of SelectArt. Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by SelectArt or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of SelectArt or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties. 

USE OF THIS WEBSITE 

SelectArt maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under SelectArt's express written consent. All rights not expressly granted here are reserved to SelectArt. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them. 

NO WARRANTIES 

SelectArt DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

SelectArt assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites. 

LIMITATION OF LIABILITY 

In no event shall SelectArt, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights. 

INDEMNIFICATION 

You agree to defend, indemnify and hold SelectArt harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website. 

ADDITIONAL TERMS AND CONDITIONS 

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application. 

CUSTOMER RATINGS AND REVIEW TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by SelectArt.com. To the extent of any conflict between SelectArt.com's Privacy and Security Statement and these Terms of Use, these Terms of Use shall not control with respect to the Customer Ratings and Review service.

By submitting any content to SelectArt.com, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are the least 18 years old;
• use the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold SelectArt.com (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of third party.

For any content that you submit, you grant SelectArt.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at SelectArt.com's sole discretion. SelectArt.com reserves the right to change, condense or delete any comment on SelectArt.com's website that SelectArt.com deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. SelectArt.com does not guarantee that you will have any recourse through SelectArt.com to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SelectArt.com reserves the right to remove or refuse to post any submission for any reason. You acknowledge that you, not SelectArt.com, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SelectArt.com, its agents, subsidiaries, affiliates, partners or third-party service provides and their respective directors, officers and employees.

SelectArt.com may require you to provide certain information or data in order to submit a review. By submitting a review, you agree and consent to SelectArt.com's promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your review (including, but not limited to, any name, user name, screen name or other identified, and any age, location, or other personal information you choose to provide).

By submitting your email address in connection with your rating and review, you agree that SelectArt.com and its third-party service provides may use your email address to contact you about the status of your review and other administrative purposes.

COMMUNICATIONS WITH THIS WEBSITE

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. SelectArt will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. 

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT 

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Copyright Agent: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A detailed description of the copyright work that You claim has been infringed; 3. A description of precisely where the material that You claim is being infringed is located on the Website; 4. Your address, telephone number, and email address; 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. SelectArt’s Copyright Agent for Notice is: SelectArt ATTN: Copyright Agent, PO Box 869, Fulshear TX 77441 E-Mail: info@selectart.com  We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and 4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which SelectArt may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person. SelectArt may terminate user accounts that have been the subject of five (5) separate DMCA notices.   In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, SelectArt will treat the underlying DMCA notice as withdrawn.   SelectArt reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding SelectArt's Terms of Service. 

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF TRADEMARK INFRINGEMENT 

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website's trademark Agent: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest; 2. A detailed description of the trademark work that You claim has been infringed; 3. A description of precisely where the material that You claim is being infringed is located on the Website; 4. Your address, telephone number, and email address; 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law; 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf. SelectArts Agent for Notice is: SelectArt ATTN: Trademark Agent PO Box 869, Fulshear TX 77441 E-Mail: info@selectart.com We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and 4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which SelectArt may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person. SelectArt may terminate user accounts that have been the subject of five (5) separate DMCA notices.   In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, SelectArt will treat the underlying DMCA notice as withdrawn.   SelectArt reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding Select Art's Terms of Service. 

TERMINATION 

At its sole discretion, SelectArt may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party. 

UNAFFILIATED PRODUCTS AND WEBSITES 

Descriptions of, or references to, products, publications or Websites not owned by SelectArt or its affiliates do not imply endorsement of that product, publication, or Website. SelectArt has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk. 

LINKING POLICY 

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than SelectArt. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. SelectArt does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. SelectArt does not endorse the content, or any products or services available, on such web sites. 

UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED 

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Texas, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that SelectArt intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to SelectArt in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.