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User Terms and Conditions

Welcome to AZooNY.com™!  If you are using AZooNY.com services or make use of our web pages, you are subject to and accept the following terms and conditions.  If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our services.  You must read, agree with, and accept all of the terms and conditions contained in this agreement and our Privacy Policy, including any terms and conditions expressly incorporated by reference, before you may use this site.  We strongly recommend that, as you read this agreement, you also access and read the information contained in any other web pages within this web site as they may contain further terms and conditions that apply to you.  Our services are available only to individuals who can form legally binding contracts under applicable law.  AZooNY.com may amend these conditions at any time.  The amended terms will become effective 14 days after their initial post date.  These terms and conditions were last revised on January 29th, 2006.

Privacy Policy
For information on our Privacy Policy, which is incorporated by reference, see: http://azoony.com/privacy.html

Acceptable Conduct
This site contains images of artwork for sale and other related informational and functional items pertaining to the services provided.  By using any service at this site, you agree NOT to do any of the following:

i. upload, email, or otherwise make available any content that is unlawful, obscene, pornographic, harmful, threatening, hateful, harassing, deceptive, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;

ii. upload or otherwise publish through this site any content that you do not have the lawful right to distribute or that may infringe on any copyright, patent, trade secret, trademark or any other rights of another;

iii. impersonate any person or entity or falsely misrepresent your affiliation with a person or entity;

iv. disguise the origin of your use of this site by misleading content, spoofing e-mail, anonymous sourcing, or otherwise manipulating identifiers as you use the services of this site;

v. intentionally or unintentionally violate any applicable local, state, national, or international law;

vi. harass or otherwise collect or store personal data about other users of this site.

See the section title, "Termination of Contract," for consequences if AZooNY.com discovers that a user has engaged in the aforementioned conduct.

Fees
AZooNY.com provides both FREE BASIC and paid for SILVER and GOLD levels of service.  Artist SILVER and GOLD members must use a credit card to pay for their Artist Membership and are charged ahead of time for the time period in which any services are provided.

Artist Members will be sent email reminders to renew their Artist Membership near the end of the time period in which they subscribed.

Failure of an Artist Member to successfully pay the Artist Membership or subsequent renewal fee will result in the "inactivation" of the Artist account.  Inactive Artist Members may be removed from AZooNY.com after 30 days.

For membership fee refund information, see the section titled, "Termination of Contract."

Purchasing Art
AZooNY.com provides its SILVER and GOLD Artist Members with tools to use PayPal® services to process orders and credit card purchases of their artwork.  AZooNY.com provides these tools "as is" with no guarantee of level of service or customer satisfaction to users of these tools.

Artwork items are purchase DIRECTLY FROM member artists and AZooNY.com does not collect any sales fee or have any direct involvement in the purchasing transaction.

Billing and Shipping Services
AZooNY.com provides NO provisions for the shipping and billing of artwork purchased from a member Artists.  Billing and shipping of artwork needs to be worked directly between the buyer and selling Member Artists.

Risk of Loss
All artwork is purchased directly from the artist/seller.

Risk of loss for items purchased directly from AZooNY.com's (i.e., AZooNY hats and other merchandise) rest upon our delivery carrier.

Return/Refund Policy
Refund or return of artwork purchased from an artist/seller is at the discretion or policy of the artist/seller.

Cancellation by the Member Artist for AZooNY.com services are fully refundable for the term left on the artist membership agreement.

Merchandise purchased directly from AZooNY.com's (i.e., AZooNY hats and other merchandise) are fully refundable, minus shipping and handling, for up to 14 days from date of purchase.

Copyrights, Patents, and Trademarks
All images and other artist information contained at this site have been provided by and are the exclusive property of the individual artist.  AZooNY.com respects the intellectual property of others and in no way claims copyright to any of the works, unless otherwise noted.  It is up to the artist to protect their work via copyrights, patents, trademarks, and any other rights as if on display at any type of gallery or public forum.

AZooNY.com does claim copyright and exclusive ownership to the compilation of all content contained on this site; thus, by using this site, you grant AZooNY.com a limited, nonexclusive, nontransferable, world-wide, royalty-free license to include your images, artist information, and other provided content in such compilation.  If an Artist Member enables the AZooNYcards electronic postcards function, the Artist Member agrees to allow his or her work to be used in the electronic postcard created and sent by the site user.  Additionally, Artist Members agree to allow AZooNY.com to submit their images provided to AZooNY.com to Web search engines.  AZooNY.com also claims copyright and exclusive ownership of created software and software flow systems.

The use of any robots, spiders, or any other automatic or manual device used to monitor or copy AZooNY.com's Web pages or content for reasons other than search engine gathering is strictly prohibited.

AZooNY.com™ is a trademark of RineStock Studios.

AZooNY.com allows users to save an AZooNY.com banner image, containing the AZooNY.com service mark, to their computers for personal linking purposes only.  The user agrees not to use such banner image, as his/her own mark or otherwise, in a commercial capacity or in such a manner that implies sponsorship or an association with any other entity or organization.  Further, if selected by an AZooNY site user, the code of such banner image may contain the name or mark of an Artist Member so that a user may directly link to the Artist Member's home page.  Thus, the Artist Member agrees to allow the use of his or her name or mark in the banner image code for linking purposes only.

Images, Product Descriptions, and Artist Information
AZooNY.com does not review in any way or warrant that artwork descriptions or other content of this site is accurate or error-free.  IF ARTWORK DISPLAYED AT AZOONY.COM IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RESOLVE ANY ISSUES WITH THE INDIVIDUAL ARTIST PROVIDING THE MATERIAL.

Termination of Contract
AArtists may terminate their agreement with AZooNY.com at any time. BASIC or FREE members can simply email AZooNY to remove their membership. For SILVER and GOLD members a refund of the membership fee for the term left on the artist membership agreement will be offered at the end of the next billing cycle after receiving the request to terminate the artist agreement. Upon termination of membership agreement, AZooNY will remove the artists content from the active website.

AZooNY.com may also terminate its agreement with any user engaging in any prohibited conduct listed above under the section title, "Acceptable Conduct.".  If the artist agreement is terminated by AZooNY.com for the above misconduct reasons, the artist member will not receive a refund of any fees paid.  Upon termination of membership agreement, AZooNY will remove the artists content from the active website.

Artist Homepage
Artists have exclusive control as to whether certain information about themselves - such as e-mail and web addresses, physical addresses, daytime phone numbers, etc. - are shown.  The default settings of AZooNY.com prevent the following items from being shown: arstist email, artist supplied web site address, country of residence.  The only way these items will be shown is if the artist enables them to be shown.  WE DO NOT ACCEPT RESPONSIBILITY FOR ANY UNAUTHORIZED DISPLAYS OF SAID INFORMATION.

Choice of Law and Dispute Resolution
This agreement and any claims, whether in contract, tort, or otherwise, arising from this agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio, excluding the body of law controlling conflicts of law.  Any dispute relating to the terms, interpretation, or performance of this agreement shall be resolved through binding arbitration in Cleveland, Ohio.

Jurisdiction
This site is restricted to only residents of the United States.  By using this site, you agree that you are a resident of the United States.  If you are not a resident of the United States, do not use this site's services.

Relationship of the Parties
You and AZooNY.com are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this agreement.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

AZooNY.com PROVIDES THIS SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY EXPRESSED OR IMPLIED AS TO THE CONTENT, OPERATION, MATERIALS, PRODUCTS OR SERVICES THERE OF.  YOU EXPRESSLY AGREE TO THIS AND UTILIZE THIS SITE AT YOUR OWN RISK.

AS AZooNY.com MAY NOT BE INVOLVED IN ALL TRANSACTIONS BETWEEN BUYERS AND SELLERS, BOTH BUYERS AND SELLERS RELEASE AZooNY.com AND ITS EMPLOYEES FROM ALL OBLIGATIONS AND CLAIMS SHOULD ANY DISPUTE ARISE FROM SUCH TRANSACTIONS.

AZooNY.com HAS NO CONTROL OVER ANY WEB SITES FOR WHICH WE PROVIDE LINKS AND, THEREFORE, DOES NOT WARRANT AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR CONTENT CONTAINED ON WEB SITES FOR WHICH WE PROVIDE LINKS.

AZooNY.com DISCLAIMS ANY LIABILITY FOR SELLERS THAT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES.  SELLERS AGREE TO INDEMNIFY AND HOLD HARMLESS AZooNY.com AND ITS EMPLOYEES FOR ANY CLAIMS OR SUITS AGAINST AZooNY.com ARISING OUT OF OR IN CONNECTION WITH AN ASSERTION THAT THE CONTENT PROVIDED BY THE SELLERS INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES.

IN NO EVENT SHALL AZooNY.com OR ITS EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT.  OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $60.

THIS SECTION INCORPORATES BY REFERENCE ANY DISCLAIMERS OF WARRANTIES AND/OR LIMITATIONS OF LIABILITY SET OUT IN OTHER SECTIONS OF THIS AGREEMENT.

Digital Millennium Copyright Act Registered Agent
AZooNY.com's registered agent is as follows:

Legal Name and Address: AZooNY.com
14837 Detroit Ave #225
Cleveland, OH 44107, USA
Name Doing Business Under: AZooNY.com
Designated Agent: Attn: Rich Rinehart
Address of Agent: AZooNY.com
14837 Detroit Ave #225
Cleveland, OH 44107, USA
Email for Notice: Customer Support

This information is provided to help owners of intellectual property report potentially infringing items on AZooNY.com under the notice requirements of the Digital Millennium Copyright Act.

Notices
Any notices to AZooNY.com shall be given by postal mail to:
AZooNY.com
14837 Detroit Ave #225
Cleveland, OH 44107, USA

Any notices to users shall be provided by e-mail to the address you provide to AZooNY.com during the registration process.  Notice shall be deemed given 24 hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AZooNY.com during the registration process.  In such case, notice shall be deemed given 3 days after the date of mailing.

General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  Neither AZooNY.com nor any party to this agreement may assign its rights, licenses, or duties under this agreement without the prior written consent of the other party.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  The following sections survive the termination or expiration of this agreement: Fees; Copyrights, Patents, and Trademarks; Termination; Choice of Law and Dispute Resolution; Disclaimer of Warranties and Limitations of Liability; and General.

Our Address
AZooNY.com
14837 Detroit Ave #225
Cleveland, OH 44107, USA
azoony.com



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