THE
FOLLOWING DESCRIBES THE TERMS ON WHICH TATMAR,
Inc. (dba “ArtsandWines”) OFFERS
YOU ACCESS TO OUR SERVICES.
Welcome
to the Terms of Use ("User Agreement")
for the website Artsandwines ("http://www.artsandwines.com")
provided by Tatmar, Inc., a California Corporation.
This Terms of Use describes the terms and conditions
applicable to your use of our services. 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 Terms
of Use and the Privacy Policy, which include those
terms and conditions expressly set out below and
those incorporated by reference, before you may
use the services of Artsandwine.com.
1.
Membership Eligibility
Our services are available only to, and
may only be used by individuals who can form legally
buying and selling contracts under applicable
law. Without limiting the foregoing, our services
are not available to minors (persons under the
age of 21). If you are a under the age of 21,
you can use this service only in conjunction with,
and under the supervision of your parents or guardians.
If you do not qualify, please do not use our Site.
2.
Identity Verification
Because user verification on the Internet is not
perfect. ArtsandWines cannot and does not
confirm each user's purported identity. Thus,
we have established a user-initiated feedback
system to help you evaluate with whom you are
dealing. We also encourage you to communicate
directly with potential trading partners through
the tools available on the Site.
3.
Release
Because we are a venue, in the event that you
have a dispute with one or more Artisans, you
release Tatmar, Inc. (and our officers, directors,
agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
If you are a California resident, you waive California
Civil Code §1542, which
says: "A general release does not extend
to claims which the creditor does not know or
suspect to exist in his favor at the time of executing
the release, which if known by him must have materially
affected his settlement with the debtor."
4.
Information Control
We do not have complete control over the information
provided by other users and Artisans that is made
available through our system. You may find other
user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense,
and practice safe trading when using the Site.
Please note that there are also risks of dealing
with underage persons or people acting under false
pretense. Additionally, there may also be risks
dealing with international trade and foreign nationals.
By using this Site, you agree to accept such risks
and Tatmar, Inc. is not responsible for the acts
or omissions of users and/or Artisans on the Site.
5.
Access and Interference
Much of the information on the Site is updated
on a real time basis and is proprietary or is
licensed to Artsandwines.com by our users or
third parties. You agree that you will not use
any robot, spider, scraper or other automated
means to access the Site for any purpose without
our express written permission. Additionally,
you agree that you will not: (a) take any action
that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load
on our infrastructure; (b) copy, reproduce, modify,
create derivative works from, distribute or publicly
display any content from the Site without the
prior expressed written permission of Tatmar Inc.and
the appropriate third party, as applicable; (c)
interfere or attempt to interfere with the proper
working of the Site or any activities conducted
on the Site; or (d) bypass our robot exclusion
headers or other measures we may use to prevent
or restrict access to the Site.
6.
Privacy
We view protection of users' privacy as a very
important community principle. We understand clearly
that you and your information is one of our most
important assets. We store and process your information
on computers located in the United States that
are protected by physical as well as technological
security devices.
7.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific
legal rights and you may also have other legal
rights that vary from state to state.
8.
General
This Agreement shall be governed in all respects
by the laws of the State of California, County
of Santa Clara as such laws are applied to agreements
entered into and to be performed entirely within
California. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation
of the Site may be interfered with by numerous
factors outside of our control. 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. 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.
