Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that these terms and conditions of use is a document that serves as a "writing" as defined by law. You acknowledge that you have the capacity to print out this Agreement and store the same for record keeping purposes and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of this Agreement for failure to meet the requirement of a "writing."
The Site is a copyrighted collective work, and incorporates separately copyrighted literary works (including works written in markup language and other works of computer software), musical works, pictorial and graphic works, audiovisual works and sound recordings. The copyrights in all of these works are owned by, and are licensed to MelissaArt.com, ( MelissaArt.com and their affiliates sometimes collectively referred to hereinafter as "MelissaArt.com") or are owned by MelissaArt.com’s suppliers and licensed to MelissaArt.com. All such works are protected by United States and international copyright law.
MelissaArt.com grants to you a limited, nonexclusive, nontransferable license to access and make personal, noncommercial use of the Site.
Without the prior written authorization by MelissaArt.com any other use of the Site is expressly prohibited, and such use terminates the license. You may not download (except for page caching), reproduce, distribute copies of, retransmit, sell, publicly display, or create derivative works of, the Site or any work incorporated into the Site. You may not use the Site or any work incorporated into the Site for commercial purposes. You may not collect or use product listings, descriptions or prices, or download account information for the benefit of any third party. You may not use data mining, robots or similar data gathering or data extraction tools on the Site.
MelissaArt.com vigorously enforces its copyrights, trademarks and other intellectual property. Any use of the Site or any of the works incorporated into the Site other than for personal, noncommercial use, or as otherwise expressly permitted by the copyright statute, will be deemed a willful infringement of MelissaArt.com’s rights, and will subject you to liability for damages, statutory damages and/or attorneys’ fees.
MelissaArt.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from MelissaArt.com are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery of said item(s) to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY MELISSAART.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MELISSAART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MELISSAART.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MELISSAART.COM DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MELISSAART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MELISSAART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OPPORTUNITIES, AND CONSEQUENTIAL DAMAGES, EVEN IF MELISSAART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT THAT WE DISPLAY OR OFFER FOR SALE THE PRODUCTS OF THIRD PARTIES, OUR LISTING OR DISPLAY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES – ****IMPORTANT, THIS AFFECTS YOUR RIGHTS
We agree that any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by MelissaArt.com or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to our registered agent Robert Aument, 300 S. Wacker Dr., Suite 2200, Chicago , IL 60606. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MelissaArt.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action, class arbitration, or a consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting and/or ordering through the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and MelissaArt.com.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MelissaArt.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. MelissaArt.com reserves the right to reject any order you place, and/or to limit quantities on any order, without giving any reason. If MelissaArt.com rejects your order; we will generally attempt to notify you using your email address you gave when you placed the order.
The Site attempts to display product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and MelissaArt.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MelissaArt.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with MelissaArt.com’s Return Policy.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree to indemnify and hold MelissaArt.com and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.
MelissaArt.com may provide, or third parties may provide, links to other Internet sites or resources. You acknowledge and agree that MelissaArt.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MelissaArt.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
NEW PRODUCT SUGGESTIONS
We are always pleased to receive input from our customers and welcome your comments and feedback. Unfortunately, it is MelissaArt.com’s policy not to accept or consider new products, engineering drawings, advertisements, creative ideas, suggestions or materials other than ideas that we have, in writing, specifically requested. Please do not submit any unsolicited inventions, creative suggestions, ideas, notes, drawings, concepts or other similar information. We agree that any such unsolicited information shall become, and will forever remain, MelissaArt.com’s property. No such submission of any information will be subject to any obligation of confidence on MelissaArt.com’s part and MelissaArt.com shall not be liable in any way for any use or disclosure of any such submission of information. MelissaArt.com shall exclusively own all now-known or future existing intellectual property rights to any unsolicited information of every kind and nature submitted to it, and shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without any consideration being owed or due to you.
The disclosure, submission or offer of any Suggestions or other similar information by you will constitute an assignment to MelissaArt.com of all worldwide rights, titles and interests and goodwill in the Suggestions without payment of any compensation. Suggestions submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as our shipping policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies and these terms and conditions at any time. You understand that the terms and conditions of this Agreement may be revised at any time by MelissaArt.com, and agree that you will bound by such terms if you fail to give notice of objection within 40 days of receiving notification of the change in contractual terms via email delivered to the email address elsewhere provided by you. Please contact MelissaArt.com customer service at the contact information provided on the Site to discuss any provision of this Agreement that you object to before placing an order with MelissaArt.com or your continued use of the Site. An internet link and information by which you may receive an additional full copy of this Agreement and its terms and conditions, free of charge, will be provided with each shipment of product by MelissaArt.com. If you object to any term or condition of this Agreement or otherwise do not wish to be bound by this Agreement, please return all products purchased, in an unused and new condition in the original packaging, to MelissaArt.com for a full refund. If you do not return the product(s) you purchased from MelissaArt.com within 14 days of receiving said products, then you agree to be bound and accept this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMINATION OF USE
MelissaArt.com may, in its sole discretion, terminate your account or your use of the site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. MelissaArt.com reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice.
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 MelissaArt.com, at the address immediately following, the written information specified below. Please note that this procedure is exclusive for notifying MelissaArt.com 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;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and email;
· 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.