TERMS AND CONDITIONS
This website ("Site") is provided to you by Art Horizons Inc. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Art Horizons Inc may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.
PRICE AND AVAILABILITY
The products offered or referred to on this Site are subject to availability of the products. Further, availability for purchase of product types or individual products is subject to change by Art Horizons Inc in its sole discretion at any time without notice. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Art Horizons Inc's sole discretion.
CHANGES TO THE SITE
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
CHANGES TO TERMS AND CONDITIONS
Art Horizons Inc may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
PRIVACY POLICY
Art Horizons Inc’s personal information practices on this Site are governed by Art Horizons Inc’s privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 13.
LINKS
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Art Horizons Inc or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
YOUR OBLIGATIONS
In providing transactional information to Art Horizons Inc, you agree to provide true, accurate, current and correct information about yourself. If Art Horizons Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Art Hortizons Inc has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a Art Horizons Inc service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
UNSOLICITED SUBMISSION POLICY
Art Horizons Inc does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.
MANAGING YOUR PASSWORD AND YOUR ACCOUNT
You are solely responsible for managing your password and for keeping your password confidential. No one from Art Horizons Inc will be authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen. Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your account. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Art Horizon Inc’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Art Horizons Inc and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Art Horizons Inc's Copyright Administrator for notice of claims of copyright infringement on this Site can be reached as follows:
Copyright Administrator
Art Horizons Inc.
483 Highway 6, West
Batesville, MS 38606
phone: (662) 561-9733
fax: (662) 561-9729
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Art Horizons Inc or its licensors and are protected by copyright, trademark and other intellectual property laws. Art Horizons Inc name, design and related marks are trademarks of Art Horizons Inc© 2009. All rights reserved.
Art Horizons Inc hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Art Horizons Inc. Use of Materials is only permitted with the express written permission of Art Horizons Inc and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This Section will survive the termination of your right to use this Site.
LIMITATION OF LIABILITY
In no event shall Art Horizons Inc, its affiliates, and any of their respective directiors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damages to property and third party claims) or any other damages of any kind, arising out of or in conncection with: this site; any materials, information, qualification and recommendations appearing on this site; any software, tools, tips, products, or services offered through, contained in or advertised on this site; any link probided on this site, and your account and password, whether or not Art Horizons Inc has been advised of the possibility of such damages. This exclusion of such damages. This exclusion of liability shall apply to the fullest extend permitted by law. This provision shall survive the termination of your right to use this site. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
INDEMNIFICATION
You agree to indemnify and hold harmless Art Horizons Inc and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
DISPUTE RESOLUTION
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Art Horizons Inc related to any Claim.
This provision shall survive the termination of your right to use this Site.
TERMINATION
Art Horizons Inc may at any time and at its sole discretion terminate your right to use this Site.
GOVERNING LAW
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Mississippi without regard to its conflict of laws provisions.
RELIANCE ON INFORMATION
This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at Art Horizons Inc's sole discretion. Also, changes are periodically made to the information contained herein.
PAYMENT METHODS
Art Horizons Inc will accept only the following major credit cards for purchases of Retail Product: MasterCard, Visa, Discover, American Express and Paypal. In addition, Art Horizons Inc will accept check cards issued by MasterCard, Visa, Discover, American Express and Paypal. These payment methods are referred to as "Retail Payment Method").
Electronic checks will not be accepted for Retail Purchases at this time. We are sorry, but cash on delivery (COD) is not available for purchases of Retail Product.
Art Horizons Inc reserves the right to change the Retail Payment Methods accepted at any time, at its sole discretion, without prior notice.
Your Retail Payment Method will be charged when your order for a Retail Product is shipped. You will be charged for the total cost of the items, plus all applicable taxes and shipping and handling.
If a Retail Product you ordered is not available, we will continue to attempt to fulfill your order for 30 days. We will notify you by email that your order is on backorder. Therefore, it is important that you make sure we have your current e-mail address. You will have the option to contact us to cancel your order.
SALES TAX POLICY
Art Horizons Inc will charge all applicable state and local taxes.
SHIPPING AND DELIVERY
Orders will ship by United Parcel Service ("UPS"). Determination of shipping method; UPS Ground, UPS 2nd Day or UPS Next Day Air, is to be selected at checkout. UPS Ground is default shipping method if know other method chosen. After you have placed your order, we will send you a email confirmation of your order with an order summary including the items you purchased and a purchase total. Orders containing multiple items may be shipped from multiple distribution centers. You may receive more than one package for a single order.
We cannot ship to multiple addresses for the same order. If you want to ship items to multiple addresses you must place a separate order for each shipping address.
If your order is undeliverable it will be returned to us and we will notify you via email address provided at checkout that your order could not be delivered. We will automatically refund the cost of the order excluding shipping and handling charges to the Retail Payment Method used on the order. Therefore, it is important that you provide us with your current e-mail address at all times.
RETURN POLICY
We will accept returns of a Retail Product as set forth below as long as you contact us within 30 days of your purchase date and obtain a return authorization number, which must be included in your return shipment. This number will be provided to you by Customer Care when you complete your return request and allows us to tie you with your order. If your item is sent to us without this authorization number it cannot be processed.
- We will accept returns of new, unopened items in the original shipping condition that you no longer want because you have changed your mind. We will refund the cost of the items, but not shipping and handling charges. If a promotional code was used for purchasing an item, you will be refunded the cost of the product less the promotional discount received. You will be required to pay the cost of returning the item and may also be charged a restocking fee of $5.00. We reserve the right to modify the restocking fee policy and amount at any time.
- We will accept returns of new, unopened items that are damaged, defective or not the correct item. We will replace the item or refund the cost of the items as well as shipping and handling charges depending on what you request and the availability of the product you are returning. You will be required to pay the cost of returning the item, but we will refund to you an amount equal to the to the amount of the original shipping and handling charge for your original order, regardless of your actual cost in returning the item. For example, if you ordered an item that cost $20, paid $5 shipping and handling as part of your original order, and then returned the item to us because it was damaged, defective, or not the correct item, we will refund you $30 ($25 for the original cost plus shipping and handling and $5 for the return shipping).
- We will accept returns of opened items in the original shipping condition that were damaged or defective upon receipt or not the correct item. We will replace the item or refund the cost of the items as well as shipping and handling charges depending on what you request and the availability of the product you are returning. You will be required to pay the cost of returning the item, but we will refund to you an amount equal to the amount of the original shipping and handling charge for your original order, regardless of your actual cost in returning the item. For example, if you ordered an item that cost $20, paid $5 shipping and handling as part of your original order, and then returned the item to us because it was damaged, defective, or not the correct item, we will refund you $30 ($25 for the original cost plus shipping and handling and $5 for the return shipping).
All refunds are made to the Retail Payment Method used for the original purchase. Refunds typically take 72 hours to post to the Retail Payment Method.
For more information on returns, please visit our FAQ’s or contact Customer Care at 1-662-561-9733 during our hours of operation which are 8:30AM - 4:00PM CST, Monday through Friday.
RISK OF LOSS
With all items purchased from Art Horizons Inc, there is a risk of loss during shipment. We will deliver all items to our carrier, but this does not guarantee delivery to you. If you do not receive your order, please contact us so that we can send a replacement order.
We reserve the right to not replace orders for customers who have made excessive loss and replacement requests.
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