1. User Agreement & Relationship with Amy Brown Fantasy Art Inc.
1.1 Your purchase and use of Amy Brown Fantasy Art Inc. products, services, and web site (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Amy Brown Fantasy Art Inc.
1.3 This agreement contains the entire agreement between you and Amy Brown Fantasy Art Inc.
(A) clicking to accept or agree to the Terms, where this option is made available to you by Amy Brown Fantasy Art Inc.; or
(B) ACTUALLY USING THE SERVICES. By actually using the Services provided on this website, you understand and agree that Amy Brown Fantasy Art Inc. will treat your use of the Services as acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Amy Brown Fantasy Art Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Use of Website
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.3 Unless you have been specifically permitted to do so in a separate agreement with Amy Brown Fantasy Art Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.5 You agree not to publish any confidential information that may be stored on this website.
4. Proprietary Rights
4.1 All content and material available on amybrownart.com/amybrownwholesale.com, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement are the proprietary property of Amy Brown and Amy Brown Fantasy Art Inc. with all rights reserved. Amy Brown and Amy Brown Fantasy Art Inc. own all legal right, title, and interest in and to the Services, including any intellectual property rights which exist in the Services regardless of whether said rights are registered or not, and wherever in the world those rights may exist. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express, written consent of Amy Brown Fantasy Art Inc.
4.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
4.3 Unless you have been expressly authorized to do so in writing by Amy Brown Fantasy Art Inc., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5. No Commercial or "for profit" use without separate agreement
5.1 You may not sell, redistribute, reproduce, make derivative works or otherwise use the images under copyright of Amy Brown and Amy Brown Fantasy Art Inc..
5.2 You agree to not modify images under this Service to manufacture your own products for sale in any form or through any market without a separately signed, legally enforceable contractual agreement.
6. Copyright Infringement
6.1 Copyright law in the United States is governed by federal statute under Title 17 of the United States Code http://www.copyright.gov/title17/. Infringers will first receive an informal letter from Amy Brown Fantasy Art Inc. requesting that the infringed work be immediately removed. If the infringed work is not immediately removed, then a formal Cease & Desist letter will be sent to the infringer demanding that the infringed work be immediately removed. The letter will explain why infringer’s conduct violates the copyright law and indicate the damages sought for continued infringement. If the infringed work is not removed, Amy Brown Fantasy Art Inc. may seek redressability through the legal system, which may result in compensatory monetary damages, injunctive relief, and restitutionary damages for unjust enrichment resulting from unauthorized sales of the copyrighted material.
Any products or materials purchased from Amy Brown Fantasy Art Inc. are provided "as is." Amy Brown Fantasy Art Inc. does not give any express or implied warranties of merchantability, suitability, or completeness with regard to products purchased or provided.
In no event will Amy Brown Fantasy Art Inc., its agents, partners, or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use) however caused and on any theory of liability, whether in contract, strict liability, or in tort (including negligence or otherwise) arising in any way out of the use of these materials.
At times you may encounter Amy Brown Fantasy Art Inc. merchandise provided by third party. Amy Brown Fantasy Art Inc. its agents, partners, or affiliates are not liable for third party actions.
13. Ending your relationship with Amy Brown Fantasy Art Inc.
13.1 The Terms will continue to apply until terminated by either you or Amy Brown Fantasy Art Inc. as set out below.
13.2 If you want to terminate your legal agreement with Amy Brown Fantasy Art Inc., you may do so by (a) notifying Amy Brown Fantasy Art Inc. at any time and (b) closing your accounts for all of the Services which you use, where Amy Brown Fantasy Art Inc. has made this option available to you. Your notice should be sent, in writing, to Amy Brown Fantasy Art Inc. address which is set out at the beginning of these Terms.
13.3 Amy Brown Fantasy Art Inc. may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Amy Brown Fantasy Art Inc. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Amy Brown Fantasy Art Inc. offered the Services to you has terminated its relationship with Amy Brown Fantasy Art Inc. or ceased to offer the Services to you; or
(D) Amy Brown Fantasy Art Inc. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Amy Brown Fantasy Art Inc. is, in Amy Brown Fantasy Art Inc. opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Amy Brown Fantasy Art Inc. rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Amy Brown Fantasy Art Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Amy Brown Fantasy Art Inc. WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, Amy Brown Fantasy Art Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Amy Brown Fantasy Art Inc. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 Amy Brown Fantasy Art Inc. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Amy Brown Fantasy Art Inc., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH Amy Brown Fantasy Art Inc. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Amy Brown Fantasy Art Inc. WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON Amy Brown Fantasy Art Inc. LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Amy Brown Fantasy Art Inc. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Amy Brown Fantasy Art Inc. on the Services are subject to change without specific notice to you.
17.3 In consideration for Amy Brown Fantasy Art Inc. granting you access to and use of the Services, you agree that Amy Brown Fantasy Art Inc. may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Amy Brown Fantasy Art Inc. may have no control over any web sites or resources which are provided by companies or persons other than Amy Brown Fantasy Art Inc.
18.2 You acknowledge and agree that Amy Brown Fantasy Art Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Amy Brown Fantasy Art Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Amy Brown Fantasy Art Inc. may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Amy Brown Fantasy Art Inc. will make a new copy of the Universal Terms available at __________ and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Amy Brown Fantasy Art Inc. will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Amy Brown Fantasy Art Inc. and govern your use of the Services (but excluding any services which Amy Brown Fantasy Art Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Amy Brown Fantasy Art Inc. in relation to the Services.
20.3 You agree that Amy Brown Fantasy Art Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Amy Brown Fantasy Art Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Amy Brown Fantasy Art Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Amy Brown Fantasy Art Inc. rights and that those rights or remedies will still be available to Amy Brown Fantasy Art Inc.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Amy Brown Fantasy Art Inc. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Amy Brown Fantasy Art Inc. under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Amy Brown Fantasy Art Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Pierce, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Amy Brown Fantasy Art Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.