TERMS AND CONDITIONS

Welcome to www.artinjerusalem.com (the “Website”), operated Art in Jerusalem (“AIJ”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to browse the Website, and Visitors who are at least eighteen (18) year of age and not a minor in their state or residence, and who affirmatively indicate their agreement to abide by these Terms of Use (this “Agreement’”) by means of a click-through consent where this option is made available by AIJ (“Registrants”), to purchase our products through the Website. The terms “you”, “your” and “yours” when used herein refer to either Registrants or Visitors, or to both Registrants and Visitors collectively, as applicable; provided that such terms will refer collectively to both Registrants and Visitors unless the context of this Agreement indicates otherwise. This Agreement sets forth the terms and conditions which govern your use of the Website.

 

1. This Agreement.

 

1.1        Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website, you must first agree to be bound by the terms and conditions set forth in this Agreement. By accessing the Website, Visitors indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement. Registrants indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement by means of a click-through consent, where provided by AIJ. If you do not agree to be bound by this Agreement, you are not authorized to use the Website.  Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with AIJ, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.

 

1.2        Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning or end of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us.  If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.

 

2. Transactions.

 

2.1        Products. Certain of our products are offered for sale through the Website.  In the event you wish to purchase any of these products, you will be asked by AIJ or an authorized third party on AIJ’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information. You shall provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement with us or such third party that you may enter into which governs your purchase of any product. You are fully responsible for all transactions executed using your credit card through the website or with any third party provider.  All products ordered through the Website are acquired by you “AS IS” and “WHERE IS”.

 

2.2        Product Descriptions; Availability and Pricing.  We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant or represent that all such descriptions are complete, current or error-free. If you purchase one of our products and such product was not accurately described or depicted on the Website, your sole remedy shall be to return such unused product to us within (18) days of your receipt thereof for a full refund (including your reasonable return shipping costs).  We change our product descriptions and pricing from time to time, so you must check these details before ordering from us.  We also cannot guarantee product availability. We reserve the right to change the price of any of our products offered on through the Website at any time prior to your consummating a purchase.

 

2.3        Payments. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate full payment and related costs from you for such product.  If such payment and costs cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to cancel your order.

 

2.4        Taxes. You are responsible for paying all applicable taxes arising out of any purchase made by you.  You may be subject to import duties (such as customs charges) and taxes which may be levied due to international shipping or otherwise when our product reaches you.  All such charges are your sole responsibility.  If you have questions as to which taxes and other charges our products are subject to, please contact your local tax and customs offices.

 

2.5        Shipping.  All orders of up to three graphics will incur a shipping and handling fee of $8.50.  Please emails us in advance regarding shipping and insurance costs for larger orders.  You are responsible for paying all shipping rates incurred by your order.  All orders will be sent by registered mail and will require a signature upon delivery.  Your order is being shipped from Israel.  You should receive your order in about 10 days of the date your order was made. If you do not receive it within that time frame, please e-mail us at art.jerusalem@artinjerusalem.com.

 

2.6         Returns.  All sales through the Website are final.  We do not permit any returns, unless your purchase was due to a material error on our part.   In the event that you were shipped a product in error (i.e., a product other than the one you ordered), you must return the product you received to us in its original mailing tube.  After we have received the undamaged product with a written explanation by you, and have determined that the error was indeed our fault, we will ship you the correct product and return to you, along with the correct product, the costs of your shipping the product back to us (as well as applicable insurance costs paid by you) up to the amount we had paid to ship (and insure) the product to you.  Further, if the product you receive has been damaged in any way prior to being received by you, you must within three (3) days or receiving such a damaged product send us a detailed, written explanation of what has occurred along with a digital photo of the damaged product and the shipping tube in which it came (note: please make sure your digital image appears in the body of your email, as it is our policy not to open email attachments).  If you have any questions about our return policy, please email us at: art.jerusalem@artinjerusalem.com

 

3.         Intellectual Property.

 

3.1        Copyright. The Website contains various content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials (“Content”) that is protected by the copyright laws of the United States and/or other jurisdictions. As between you and AIJ, AIJ owns all rights, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing therein), and you have no rights in and to the Website other than as expressly set forth in this Agreement.  Except for that information for which you have been given express written permission by AIJ, no Content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of AIJ or, where applicable, our licensors. Thus, you may not copy any portion of the Website.  However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, trademarks, and other proprietary notices appearing therein.

 

3.2        Trademarks. All trademarks and all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names appearing on the Website and which indicate a source of goods or services (collectively, the “Trademarks”) belong exclusively to AIJ or those our licensors, sponsors, suppliers or other third parties, as indicated. Trademarks are protected by the trademark laws of the United States and/or other applicable jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademark in any way, including without but not limited to distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party Trademark holder, as applicable.

 

3.3        Removal of Notices. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) which may be affixed to or contained within any Content, and you shall abide by all such notices.

 

4. Usage Restrictions. You shall not use the Website in any manner that:

 

(a) is designed to interrupt, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses or any other computer code, files or programs);

 

(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;

 

(c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

 

(d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; causes us to lose (in whole or part) the services of our internet service providers or other suppliers;

 

(e) links to materials or other content, directly or indirectly, to which you do not have a right to link;

 

(f) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by AIJ in its sole discretion;

 

(g) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;

 

(h) violates, or encourages anyone to violate this Agreement, and ancillary terms and conditions listed on the Website, or the Privacy Policy; or

 

(i) violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation or order.

 

5. Links; Third Party Websites. The Website may provide links to third party websites in order to fulfill your requests or which we believe may be of possible interest to you.  Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (i) your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, or (ii) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement.

 

6. DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE IS “AS IS” AND “AS AVAILABLE”, AND AT YOUR SOLE RISK. NEITHER AIJ NOR ANY OF ITS PRINCIPALS SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF ANY OF OUR PRODUCTS. SPECIFICALLY, AIJ AND ITS PRINCIPALS DISCLAIM (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF OUR PRODUCTS, AND (II) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT. FURTHER, UNDER NO CIRCUMSTANCES SHALL AIJ OR ANY OF ITS PRINCIPALS BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE FROM OR ARISING FROM YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT) OR FROM YOUR PURCHASE OR USE OF ANY OF OUR PRODUCTS. ALL PRODUCTS PURCHASED THROUGH THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS” AND AT YOUR SOLE RISK.  YOUR SOLE AND LIMITED RECOURSE FOR ANY PRODUCTS THAT YOU PURCHASE THROUGH THE WEBSITE AND WISH TO RETURN IS SET FORTH IN OUR RETURN POLICY ABOVE.

 

7. LIMITATION OF LIABILITY.  IN NO EVENT SHALL ANY AIJ OR ANY OF ITS PRINCIPALS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING THEREON), OR (II) ANY PRODUCT PURCHASED THROUGH THE WEBSITE, WHETHER OR NOT AIJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE AGGREGATE LIABILITY OF AIJ AND ITS PRINCIPALS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER VALUE OF (A) ALL OF OUR PRODUCTS PURCHASED BY YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500).  HOWEVER, PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.

 

8. Representations and Warranties.  You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement on your own and that this Agreement is enforceable against you in accordance with its terms and conditions (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, and (c) you accept and will abide by the terms of this Agreement (including without limitation the disclaimer of warranties and limitation of liabilities provisions set forth in Sections 6 and 7 hereof and the indemnification set forth in Section 9 hereof), the Privacy Policy (as hereinafter defined) and any other ancillary terms and conditions posted on the Website or linked to through the Website.

 

9. Indemnity. You shall indemnify, defend and hold harmless AIJ and its principals from all claims, demands, actions, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements (collectively, “Losses”), due to or arising out of (a) any breach of any of your representations, warranties, covenants or obligations under this Agreement, or (b) any violation of the law or regulation by you.  You shall immediately provide AIJ with prompt written notice of any Claim or potential Claim of which you become aware.    Upon the assertion or commencement of any Claim against AIJ or any of its principals by any third party that may give rise to liability of any such person hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to AIJ; provided, however, that AIJ may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof.  You shall not enter into any settlement of any Claim which AIJ believes is adverse to its interests, without receiving the prior written consent of AIJ.  In no event shall AIJ or any of its principals be obligated to participate in any settlement which AIJ reasonably believes (as determined by AIJ in its sole discretion) would have an adverse effect on its business interests.

 

10. Privacy. AIJ views the protection of your privacy as an important responsibility. The terms regulating the handling of personally identifiable information (“PII”) and other information by you in connection with the Website is described in our Privacy Policy, which can be found at http://www.artinjerusalem.com/#!terms-and-conditions/c1qdo.  By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy.

 

11.  No Assignment. You shall not to resell or assign your rights, duties or obligations under this Agreement and that any attempted assignment or delegation will be void and of no force or effect whatsoever.

 

12. Governing Law; Jurisdiction. When applicable (as determined by us), (a) this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof, and (b) you hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of New York, State of New York, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

 

13. Timely Filing of Claims. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE, OR THE USE OF THIS WEBSITE, MUST BE FILED BY YOU PURSUANT TO SECTION 13 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.

 

14. General. If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches.  If AIJ does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which AIJ has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of AIJ’s rights, and all such rights or remedies shall still be available to AIJ. The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and AIJ hereunder.

 

15. Contact Us. If you have any questions or concerns regarding the Website, you agree to contact us by e-mail at davidms770@gmail.com

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