· Copyrighted Materials for Limited Use
The design tools provided on the Site employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.
· Use of Site
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
· Transfer of Title
You agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to you in an electronic format, you agree that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to you or (b) at the time we transmit a notification to you that the Product is available for downloading from the Site.
· Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
· Limitation of Liability.
IN NO EVENT SHALL ART WAREHOUSE OR THEIR LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ART WAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM US OR OUR AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL ART WAREHOUSE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT.
· Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to us in connection with the operation or content of this Site shall be provided by the submitter and received by us on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Art Warehouse. By submitting any such information to us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Art Warehouse shall be free to use such information on an unrestricted basis.
· Governing Law.
3L Decor, Inc., doing business as Art Warehouse, a Tennessee corporation. Issues related to the protection, infringement, or misuse of copyrighted materials, trademarks, service marks or patents shall be governed by the patent, trademark and copyright laws of the United States of America. All matters relating to this Agreement and the Website Service shall be subject to and governed by the laws of the State of Tennessee. Any legal action or proceeding relating to or arising from this Agreement and the Website Service shall be litigated only in the the United States District for the Eastern District of Tennessee or the Hamilton County, Tennessee Circuit Court and the Member hereby irrevocably consent to the jurisdiction and venue of those courts. The Member agrees that venue in these courts is proper in any such legal action or proceeding. Notwithstanding anything to the contrary, Art Warehouse reserves the right to bring any action for injunctive relief or collection of debt in any court of competent jurisdiction.