YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
Company’s sales of Goods are made pursuant to these Terms. If Company receives a Transaction order (defined below) or other document from you that limits, or purportedly limits, acceptance to its terms or states that Company’s acknowledgement, shipping of Goods, commencing work on an order, or other act or failure to act constitutes acceptance of any offer on the terms of the purchase order or other document, any responding document sent by Company which expresses acceptance or confirms the order is expressly conditioned on your assent to the terms set forth herein and in such Transaction, and in such responding document. Such assent shall be deemed given when the you accept shipment of any of the Goods described in any Transaction summary or invoice. Company hereby objects to, and rejects, any term contained in your purchase order or other document if the term is different from or in addition to the terms herein.
- Licenses and Website Access: For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and the Company, the Content on the Website, is owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. Without limitation, this includes the CROSS BORDERS ART GALLERY brand name (inclusive of “CROSS BORDERS,” and variations thereof), as well as any and all Company trademarks and service marks used on or by the Website. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof (other than as expressly permitted by Company). Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of the Company or any third party, in connection with your use of the Website and any Content provided by Company or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of Company’s copyright, service mark, trademark and/or other rights. You shall not attempt to access any other Company’s systems, programs or data that are not made available for public use.
- Restrictions on Use of Website: You agree that in connection with your use of the Website, you will not do any of the following:
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content without Company’s written permission, other than as expressly allowed by Company.
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without the Company’s prior written consent.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
- Use any meta tags or any other “hidden text” utilizing the Company’s name or any substantially similar name without the Company’s express written consent.
- Request more than 500 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
- Request more than 10 media or other documents available for download from the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
- Take any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
- Duplicate or create multiple user accounts in an attempt to circumvent our security and privacy measures and policies.
- “Frame” or “mirror” any part of the Website.
- Remove any copyright, trademark or other proprietary rights notices contained on the Website.
- Use the Website or Content for any unlawful purpose.