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1. Privacy Policy |
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The ArtistsClub is committed to safeguarding your privacy. Please
read the following policy to understand how your personal information
will be treated as you make full use of our Web site and purchase
through our catalogs. This policy may change from time to time so
please check back periodically.
The Artist's Club and the ArtistsClub.com collect information in
several ways from its customers and users. Some personal information
is gathered when you "proceed to check out" including but not limited
to your name, physical mailing address, physical shipping address
(if different than your mailing address), your email address, daytime
telephone number, credit card number and expiration date and information
about where you first learned about this site. In addition, to check
out information we may ask you for personal information at other
times, including (but not limited to) when you enter our weekly
drawing, use our site to find another painter or a teacher, or submit
a tip to be shared with other painters. The Artist's Club and ArtistsClub.com
also occasionally ask users to complete surveys that are used for
research purposes.
When you visit the ArtistsClub.com web site you are sharing any
information you provide solely with the Artist's Club and its corporate
parent Crafts Americana Group, Inc. We maintain our own secure servers
on our own premises and only our own employees have access to them.
We use the information we collect from you to better serve your
needs. From time to time we will send you advertising information
about our products and services that we feel may be of interest
to you. We deliver this information to you both via the US Post
Office and through the Internet. When you place an order with our
company or register for our weekly drawing, we assume you would
not mind receiving additional offers from our company both in the
mail and online. If you wish to be removed from either our postal
mailing address list or our e-mail address list you can contact
us via e-mail at CustomerService@ArtistsClub.com
or call us at (800) 845-6507 (U.S. and Canada). Outside the U.S.
and Canada you can reach us at (360) 260-8900 x0 Monday through
Friday 8:00 AM to 4:30 PM PST. Or feel free to write us at the Artists
Club, PO Box 870760
Vancouver Wa 98687-7760.
In addition, we occasionally are asked by other responsible companies
who market products similar to ours to share our customers' personal
information with them. We believe that sharing
our knowledge is beneficial to both our company and our customers.
Our customers benefit by receiving the broadest offering of crafting
products possible at no additional charge. It also helps us build
a mailing list of only those individuals who want to receive our
catalogs. We have found that most of our customers enjoy getting
a reasonable quantity of mail-order offers for craft products and
magazines. When you place an order with ArtistsClub.com, we will
ask you to specify your preference regarding sharing your
personal information with other companies.
If you do not wish to receive these offers, we will not share your
name with other companies.
Finally, the Artist's Club and ArtistsClub.com may also disclose
account information in special cases when we have reason to believe
that disclosing this information is necessary to identify, contact
or bring legal action against someone who may be violating our Terms
of Service or may be causing injury to or interference with (either
intentionally or unintentionally) our rights or property, or the
rights and property of anyone else that could be harmed by such
activities. The Artist's Club and ArtistsClub.com may disclose or
access account information when we believe in good faith that the
law requires it and for administrative and other purposes that we
deem necessary to maintain, service, and improve our products and
services. In addition, as we continue to develop our business, we
might sell or buy stores or assets. In such transactions, customer
information generally is one of the transferred business assets.
In the unlikely event that Artist's Club,ArtistsClub.com or substantially
all of its assets are acquired, customer information will of course
be one of the transferred assets. |
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2. About "Cookies" |
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The ArtistsClub.com uses a feature of your Internet Web browser
called a "cookie" to assign a unique identification to your computer.
Cookies are files that your Web browser places on your computer's
hard drive. The Company creates and then uses these cookie files
to track your clicks as you go through our site. The company uses
cookies to keep track of items you put into your shopping cart,
to tell us whether you have visited us previously, and to help us
determine whether you came to our site from a particular Internet
link or banner advertisement. Cookies can also be used to help save
and retrieve information on past shopping preferences including
items placed in your cart but not purchased, which saves you from
having to re-enter this information upon every visit to our Web
site. Cookies cannot be used by ArtistsClub.com to retrieve any
personal information about you unless you have previously purchased
from or registered with our Company. The Artist's Club and or ArtistsClub.com
does not and cannot use cookies to retrieve personal information
about you from your computer unless such information was knowingly
and willingly provided by you.
You should also be aware that you have choices with respect to cookies.
By modifying your browser preferences, you have the choice to accept
all cookies, to be notified when a cookie is set, or to reject all
cookies. If you choose to reject all cookies you will be unable
to place items in our shopping carts and participate in other activities
on our site. You will still be able to review the merchandise on
our site even if you do not accept cookies. |
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3. Copyright
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All Web site materials, including, without limitation, the Company's
logo, design, text, graphics, other files, and the selection and
arrangement thereof are registered trademarks of the Crafts Americana
Group, Inc. © 1999 Crafts Americana Group, Inc. All
rights reserved.
You may electronically copy and print to hard copy portions of this
Web site for the sole purpose of using materials it contains for
informational and non-commercial, personal use only. Any other use
of the materials in this Web site— including any commercial
use, reproduction for purposes other than described above, modification,
distribution, republication, display, or performance— without
the prior written permission of the Company is strictly prohibited.
Again, please accept our apologies for discontinuing this service.
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4. Trademarks |
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The names Artist's Club and ArtistsClub.com, the Company
logo, and the products and services described in this Web site,
including without limitation [include any registered or unregistered
trademarks], are either trademarks or registered trademarks of the
Company and its licensors, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of the
Company. In addition, all page headers, custom graphics, button
icons, and scripts are service marks, trademarks, and/or trade dress
of the Company, and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of the Company.
All other trademarks, registered trademarks, product names and company
names or logos mentioned herein are the property of their respective
owners. |
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5. Software |
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Any software, including any files, images incorporated
in or generated by the software, and data accompanying the software
(collectively "Software"), that may be made available on this Web
site is licensed to you by the ArtistsClub.com. The Company shall
retain full and complete title and all intellectual property rights
to Software. You shall not copy, distribute, sell, modify, decompile,
reverse engineer, disassemble or create derivative works from any
Software. |
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6. Interactive Areas |
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This Web site includes interactive areas including
tip sections, teacher locator sections, painting pal sections, weekly
drawing registration or other interactive areas. These (and any
other) interactive areas shall be used only for non-commercial purposes.
By using any or interactive areas, you agree not to do any of the
following:
1) Upload to, distribute or otherwise publish through this Web site
any message, data, information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable;
2) Upload or transmit any Content that would constitute or encourage
a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national,
or international law. Upload or transmit any Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By posting any Content, you represent
and warrant that you have the lawful right to distribute and reproduce
such Content;
3) Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity; and
4) Without Company's written permission, distribute or publish unsolicited
promotions, advertising or solicitations for funds, goods or services,
including junk mail and spam.
The Artist's Club and ArtistsClub.com takes no responsibility and
assumes no liability for any Content posted or uploaded by you or
any third-party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may
encounter. As a provider of interactive services, the Company is
not liable for any statements, representations, or Content provided
by its users in any public forum or personal home page.
The Company has the right, but not the obligation, to monitor any
activity and Content associated with its interactive areas. The
company may investigate any reported violation of its policies or
complaints and take any appropriate action that it deems appropriate.
Such action may include, but is not limited to, issuing warnings,
suspension or termination of service, and/or removal of posted Content.
Company reserves the right and has absolute discretion, to remove,
screen or edit any Content that violates these provisions or is
otherwise objectionable. Company also reserves the right to report
any activity that it suspects violates any law or regulation to
appropriate law enforcement officials, regulators, or other third
parties.
In order to cooperate with governmental requests, to protect the
Company's systems and customers, or to ensure the integrity and
operation of Company's business and systems, Company may access
and disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e. name,
e-mail address, etc.), IP addressing and traffic information, usage
history, and posted Content. The Company's right to disclose any
such information shall govern over any terms of the Company's Privacy
Policy.
You shall remain solely liable for the Content of any messages or
other information you upload or transmit to Company, including the
interactive areas of this Web site. You agree to indemnify and hold
harmless the Company from any claim, action, demand, loss, or damages
(including attorneys' fees) made or incurred by any third party
arising out of or relating to your conduct, your violation of these
terms and conditions, or your violation of any rights of a third
party. |
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7. Submissions |
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You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by
you in the form of e-mail or submissions to Company, or postings
on this Web site, are non-confidential and shall become the sole
property of the Artist's Club and ArtistsClub.com. The Company shall
own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use of these materials
for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. The submission of any materials to the Company,
including the posting of materials to any interactive area, irrevocably
waives any and all "moral rights" in such materials, including the
rights of paternity and integrity. |
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8. Linking |
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You are granted a limited, non-exclusive right to
create a hyperlink to this Web site provided such link does not
portray Company or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. This limited
right may be revoked at any time. You may not use, frame or utilize
framing techniques to enclose any Company trademark, logo or other
proprietary information, including the images found at this Web
site, the content of any text or the layout/design of any page or
form contained on a page without the Company's express written consent.
Further, you may not use any meta tags or any other "hidden text"
utilizing the Company name, trademark, or product names without
the Company's express written consent. Except as noted above, you
are not conveyed any right or license by implication, estoppel,
or otherwise in or under any patent, trademark, copyright, or proprietary
right of Company or any third party.
The Company makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability
of Web sites accessible by hyperlink from this Web site, or Web
sites linking to this Web site. The linked sites are not under the
control of the Company and the Company is not responsible for the
contents of any linked site or any link contained in a linked site,
or any review, changes or updates to such sites. The Company is
providing these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement, or adoption
by the Company of the site or any information contained therein.
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9. Third Party Content & Services |
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Company may provide links to Web pages and content
of third parties ("Third Party Content") as a service to those interested
in this information. The Company does not monitor nor has any control
over any Third Party Content or third party Web sites. Company does
not endorse or adopt any Third Party Content and can make no guarantee
as to its accuracy or completeness. Company does not represent or
warrant the accuracy of any information contained therein, and undertakes
no responsibility to update or review any Third Party Content. When
leaving the Company site, you should be aware that Company's terms
and policies no longer govern, and, therefore, you should review
the applicable terms and policies, including privacy and data gathering
practices, of that site. Users use these links and Third Party Content
contained therein at their own risk. |
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10. Export Restrictions |
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Any software and all underlying information and technology
downloaded from the Company Web site (collectively "Company Software")
by you ("Licensee") is subject to U.S. export controls, including
the Export Administration Act (50 U.S.C. Appx. §§ 2401
et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R.
Parts 730-774), and may be subject to export or import regulations
in other countries. The Licensee is responsible for complying with
all trade regulations and laws both foreign and domestic. Except
as authorized by law, Licensee agrees and warrants not to export
or re-export the Company Software to any county, or to any person,
entity, or end-user subject to U.S. export controls, including without
limitation persons or entities listed on the U.S. Department of
Commerce Bureau of Export Administration's Denied Parties List and
the U.S. Department of Treasury's Specially Designated Nationals.
Licensee further represents and warrants that no U.S. federal agency
has suspended, revoked, or denied it export privileges. |
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11. Warranties |
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The Artist's Club and its affiliate, the ArtistsClub.com
Web site, are strictly resellers of third-party manufactured products.
The products we resell are in some instances covered by warranties
of the these manufacturers. Accordingly ArtistsClub.com hereby disclaims
all warranties express or implied, including without limitation
warranties of merchantability and fitness for a particular purpose.
ArtistsClub.com does accept returns in accordance with its Returns
Policy. |
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12. Disclaimer |
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THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB
SITE, INCLUDING WITHOUT LIMITATION, ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT
THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
The Company reserves the right to change any and all content
contained on this Web site at any time without notice. Reference
to any products, services, processes, or other information, by
trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship or recommendation
thereof by the Company.
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13. Limitation of Liability |
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IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS
CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF THE COMPANY (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S WEB SITE EXCEED
$5.00 OR THE AMOUNT YOU PAID FOR A PRODUCT, WHICHEVER IS LESS.
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14. Applicable Law |
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These terms and conditions shall be governed by and construed
in accordance with the laws of the state of Washington, of the
United States of America applicable to agreements made and entirely
to be performed within this jurisdiction, without resort to its
conflict of law provisions. You agree that any action at law or
in equity arising out of or relating to these terms and conditions
shall be filed only in state court in Vancouver, Washington or
in federal court in Seattle, Washington and you hereby irrevocably
and unconditionally consent and submit to the exclusive jurisdiction
of such courts over any suit, action or proceeding arising out
of these terms and conditions.
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15. Modification & Amendments |
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The Artist's Club and ArtistsClub.com reserve the right to amend
at any time any policies governing this Web site, including these
Terms and Conditions and Company's Privacy Policy, by posting
the amended terms and providing notice of such amendments. The
amended terms shall be effective upon posting. If you do not accept
the amended terms, you should cease using this Web site.
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16. Termination |
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Notwithstanding any of these terms and conditions, The Company
reserves the right, without notice and in its sole discretion,
to terminate your license to use this Web site, and to block or
prevent future access to and use of this Web site.
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17. Questions & Contact Information |
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General questions or comments about the Company's Web site may
be directed to Company's Webmaster. The Artist's Club and ArtistsClub.com
are a division of Crafts Americana Group, Inc. The company's offices
are located at: 13118 N.E. 4th St., Vancouver, Washington 98684.
Offices can be reached at (360) 260-8900 or faxed at (360) 260-8877.
To speak with customer service, call 1-800-845-6507 anytime between
5am and 5pm PT Monday through Friday, and Saturday 6:00 am - 5:00 pm. Via e-mail, contact the
Webmaster.
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18. Severability |
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If any provision of these terms and conditions shall be deemed
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and
shall not affect the validity and enforceability of any remaining
provisions.
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Need additional help? If you didn't find
the answer to your question on this page, or if you are experiencing
technical difficulties please send an e-mail to our Webmaster or
call us at (800) 845-6507 (U.S. or Canada) between 5:00am and 6:00pm PT Monday through Friday, 6:00am - 5:00pm PT Saturday.
When calling from any other location, please call us in the U.S. at (360) 260-8900 x 0
Monday through Friday 8:00 AM to 4:30 PM PST. |
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