Terms of Use Agreement
Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on June 20th, 2012.
This Terms of Use Agreement sets forth the standards of use of the website at www.IrisScottPrints.com (the “Site”)operated by IRIS SCOTT (“IrisScottPrints” or “we” or “us”). By using the Site, you (“you” or the “User” or the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
IrisScottPrints is providing users with access to buy artwork. Disclaimer of Warranties The Site is provided by IrisScottPrints on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, IrisScottPrints makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. IrisScottPrints shall have no liability for any interruptions in the use of the Site. IrisScottPrints disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable. Limitation of Liability IRISSCOTTPRINTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR IRISSCOTTPRINTS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IRISSCOTTPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. Indemnification User agrees to indemnify and hold IrisScottPrints, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Site, the violation of this Agreement, or violation of any law by User. Modifications and Interruption to Site IrisScottPrints reserves the right to modify or discontinue the Site with or without notice to the User. IrisScottPrints shall not be liable to User or any third party should IrisScottPrints exercise its right to modify or discontinue the Site. User acknowledges and accepts that IrisScottPrints does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of IrisScottPrints’s control. Disclaimer Regarding Accuracy of Vendor Information Specifications about and other information regarding artwork for sale on the Site have been provided by the artist, Iris Scott, and is not verified by IrisScottPrints. While IrisScottPrints makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. Information for Customers Purchases of items from the Site are governed by the terms set forth in the content on the IrisScottPrints.com Customer Service page. Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, IrisScottPrints may collect fees owed using other collection mechanisms. Governing Jurisdiction of the Courts of Wisconsin The site is operated and provided in the State of Wisconsin. As such, we are subject to the laws of the State of Wisconsin, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Wisconsin. Compliance with Laws. User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Copyright and Trademark Information All images on the Site are either owned or licensed by IrisScottPrints and may not be reproduced or used in any manner without the express written permission of IrisScottPrints and, if appropriate, the relevant artist. Copyright © 2012 IRIS SCOTT, All rights reserved. All physical artwork is owned solely by Iris Scott, Artist and is subject to United States and International copyright laws. Botnets IrisScottPrints retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, IrisScottPrints reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at IrisScottPrints’s discretion. Other Terms If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by IrisScottPrints in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the IrisScottPrints Privacy Statement.