OVERVIEW

This website is operated by Nature Sculpted™ which is a Division of Avitas Apothecary, LLC, an Arizona not-for-profit company.  Throughout our website (“site”), and this Agreement, the identifiers “we” and “us” and “our” refer to Nature Sculpted™.  Nature Sculpted™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated in this Agreement.

By visiting our site and/or purchasing artwork from us, you engage in the “use” of our “service” and accept our “Conditions for Sale of Sculpture” ("Conditions of Sale"), and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, competitors, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website.  By accessing or using any part of our site, you agree to be bound by these Terms of Use.  If you do not agree to all of the terms and conditions of this Agreement, then you may not access the website or use any services.  If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use and the Conditions of Sale.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use and Conditions of Sale.  You can review the most current version of the Terms of Use at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or gaining access to the website following the posting of any changes constitutes your acceptance of those changes.

Our website is hosted by GoDaddy, providing the internet servers upon which our webpages reside.  Our online financial transactions are conducted through a secure online e-commerce platform provided by PayPal® which allows us to sell our artwork to respective buyers online.

TERMS OF USE AND SERVICE

Age of Majority and Parental/Guardian Consent

By agreeing to these Terms of Use and Service and Conditions of Sale, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to permit any of your minor dependents or wards to use this site.

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our guest or customer, subject to the limitations stated below that you are not permitted to:

·use our website or works of art for any illegal or unauthorized purpose nor may you, in the use of our service, violate any laws in your jurisdiction;
·reproduce, duplicate, copy, sell or otherwise exploit the website or any image of work of art, listing, description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
·transmit any worms or viruses or any code of a malicious or destructive nature;
·use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content, except in the operation or use of internet "search engines," hit counters or similar technology in legal use;
·use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
·engage in any activity that interferes with the website or another user's ability to use the website;
·modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
·assist or encourage any third party in engaging in any activity prohibited by these Terms.

A breach or violation of any of the Terms will result in an immediate termination of your services and license of use.  Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

General Conditions

Right to Refuse Service:  We reserve the right to refuse service to anyone for any reason or without reason at any time.

Electronic Communications:  You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Privacy:  Your submission of personal information and our use of that information is governed by our Privacy Policy.  In order to understand our business practices concerning protecting your privacy and appropriately utilizing your private identifying information, you may review our  Privacy Policy  by clicking the link.

User Comments, Feedback, Suggestions, and Other Submissions:  If for any reason you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, use, disclose, reproduce, modify, edit, copy, license, transfer, publish, distribute, translate and exploit in any medium any comments that you provide to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Copyright

The arrangement and compilation of all Website Content is our exclusive property or the property of our content suppliers and is protected by international copyright laws.  The purchase of any work of art does not provide the purchaser with any copyright interest or other intellectual property right in the work of art.  All Website Content that is not our property is used with permission.  All software used on the website is the property of our software suppliers, is appropriately licensed to us for our use, and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our business, division, or parent company and shall not be used for any commercial or other purposes without our prior written consent.  All other trademarks and service marks not owned by Nature Sculpted™ or our affiliated companies that appear on the website are the property of their respective owners and may not be used without their consent.

Copyright and Trademark Compliance

It is our policy to honor the intellectual property rights of others.  The original and unique works of art on our website are provided to us directly by the artists who created them and with whom we have an exclusive agency agreement.  The artists have represented to us that they have sufficient rights to permit us to display and sell the respective work of art on our website.

Notice of Claim or Allegation of Copyright/Trademark Infringement

If you have probable cause to believe that your work has been copied, distributed or used on the website in a manner which constitutes copyright or trademark infringement, please utilize the Contact Us  page of our website, which may be reached by clicking the link, to notify us of the specific facts and circumstances in sufficient detail to permit us to conduct an investigation concerning your claim or allegation.

Upon our receipt of your specific facts and circumstances in sufficient detail to permit us to conduct an investigation concerning your claim or allegation of infringement, we will temporarily remove such actual or alleged infringing work of art from the website and temporarily cease sales of the work of art pending a permanent decision concerning the work of art and the claim or allegation based upon the outcome of our investigation.

Third-Party Links

For reasons beneficial to our business operations, and in accordance with the not-for-profit status of our parent company, we occasionally provide, or contract with some other party to provide, third-party links on this site which upon being clicked by you may direct you to a third-party website that is not otherwise affiliated with us. We are not responsible for examining, have not evaluated, and do not warrant the content or accuracy of any website not operated by us and to which you are redirected pursuant to your clicking a link.

Errors, Inaccuracies and Omissions

Although we routinely put forth our best efforts, there may on occasion be information on our site that contains typographical errors, inaccuracies or omissions that may relate to Artwork descriptions, pricing, promotions, offers, shipping, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if we deem it appropriate due to material errors, inaccuracies or omissions on our site at any time without prior notice (including after you have submitted your order).

Disclaimer of Warranties Not Pertaining To Sculptures

We are not in the business of operating websites.  We are in the business of creating, reproducing, transporting, displaying, marketing, and selling Sculptures.  Our website is one of many strategies we deploy to assist us in transacting our business.  We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.  Our site is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Applicable Law

By visiting the website, you agree that any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Maricopa County, Arizona, and that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of our website. 

Subject to Change Without Notice; Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website in order to have the most up to date understanding of our Agreement under these Terms of Use. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Indemnification

By visiting the website, you agree to indemnify, defend and hold harmless Nature Sculpted™ and our parent, subsidiaries, affiliates, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.  These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our website or avail yourself of our Artwork, or through ceasing use of our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).

Statement on Human Trafficking and Slavery

We hold ourselves out to be good neighbors in a global community and strong links in a global supply chain.  We are selective of our vendors and utilize our best efforts to ensure that the individuals who work within our supply chain in this country and abroad are protected under appropriate law.  We do not tolerate the involvement of our suppliers in human trafficking or slavery, including sweatshops and forced or child labor.  We rely upon contractual representations from our vendors concerning their compliance with such laws and have the discretion to, with or without notice, inquire further on their practices.

Entire Agreement

The failure of Nature Sculpted™ to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use and Conditions of Sale).  Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Contact Information

Questions about these Terms of Use should be sent by email to us at [email protected] or by use of our Contact Us   form which you will be redirected to by clicking the link.
Last Updated: 09/29/16
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