SITE CONTENTS Unless
otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, and written and other materials that
appear as part of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress and/or other intellectual properties
owned, controlled or licensed by James Harris Fine Arts, Inc. collectively,
and its subsidiaries and/or affiliates ("James Harris Fine Arts").
The Site as a whole is protected by copyright and trade dress, all worldwide
rights, titles and interests in and to which are owned by James Harris
Fine Arts. James Harris Fine Arts, all other James Harris trademarks
appearing at this Site are trademarks of James Harris Fine Arts and
its subsidiary, James Harris Fine Arts Inc.
The Contents of
our Site, and the Site as a whole, are intended solely for personal,
noncommercial (other than for the purchase of merchandise from our site)
use by the users of our Site. You may download or copy the Contents
and other downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any of the
Contents, the Site, or any related software.
USER COMMENTS,
FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS All comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered
to James Harris Fine Arts on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site (collectively, "Comments")
shall be and remain James Harris Fine Arts's property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to James Harris Fine Arts
of all worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, James Harris Fine Arts
will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any
Comments. James Harris Fine Arts is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay to user any compensation
for any Comments; or (3) to respond to any user Comments. You agree
that no Comments submitted by you to the Site will violate any right
of any third party, including copyright, trademark, privacy or other
personal or proprietary right(s). You further agree that no Comments
submitted by you to the Site will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make. You agree that
James Harris Fine Arts may use and/or disclose information about your demographics
and use of the Site in any manner that does not reveal your identity.By
participating in Site sweepstakes, contests, promotions, and/or requesting
promotional information or product updates, you agree that James Harris Fine Arts
may use your information for marketing and promotional purposes.
James Harris Fine Arts's
COMMUNICATIONS TO YOU You agree that James Harris Fine Arts may send electronic
mail to you for the purpose of advising you of changes or additions
to this Site, about any of James Harris Fine Arts's products or services, or
for such other purpose(s) as James Harris Fine Arts deems appropriate.
PRODUCT INFORMATION
Most James Harris Fine Arts products displayed at the Site are available in
select James Harris Fine Arts stores in the United States and select foreign
markets while supplies last. The prices displayed at the Site are quoted
in U.S. Dollars and are valid and effective only in the United States.
COLORS We have
made every effort to display as accurately as possible the colors of
our products that appear at the Site. However, as the actual colors
you see will depend on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
LINKS TO OTHER
WEB SITES AND SERVICES To the extent that this Site contains links to
outside services and resources, the availability and content of which
James Harris Fine Arts does not control, any concerns regarding any such service
or resource, or any link thereto, should be directed to the particular
outside service or resource.
DISCLAIMER THIS
SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF
THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING
OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR
SITE, AND THAT James Harris Fine Arts SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold James Harris Fine Arts harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
MISCELLANEOUS Unless
otherwise specified and except to the extent James Harris Fine Arts products
are offered for sale in the United States through this Site, this Site
and the Contents thereof are displayed solely for the purpose of promoting
James Harris Fine Arts's products and services available in the United States
and select foreign markets. This Site is controlled and operated by
James Harris Fine Arts from its offices in Delray Beach, Florida.
This Agreement
shall be construed in accordance with the laws of the State of Florida,
without regard to any conflict of law provisions. Any dispute arising
under this Agreement shall be resolved exclusively by the state and
federal courts of the State of Florida, County of Delray Beach and/or
the Southern District of Florida.
TERMINATION This
Agreement is effective unless and until terminated by either you or
James Harris Fine Arts. You may terminate this Agreement at any time. James Harris Fine Arts also may terminate this Agreement at any time and may do
so immediately without notice, and accordingly deny you access to the
Site, if in James Harris Fine Arts's sole discretion you fail to comply with
any term or provision of this Agreement. Upon any termination of this
Agreement by either you or James Harris Fine Arts, you must promptly destroy
all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the terms of this
Agreement or otherwise.