Terms & Conditions
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Art of Vincent DeLisi. The collective work includes works that are licensed to The Art of Vincent DeLisi. Copyright 2023, The Art of Vincent DeLisi, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Art of Vincent DeLisi, or purchasing The Art of Vincent DeLisi, products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Art of Vincent DeLisi, or to purchase The Art of Vincent DeLisi, products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Art of Vincent DeLisi You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Art of Vincent DeLisi, used in the site are trademarks or registered trademarks of The Art of Vincent DeLisi
Warranty Disclaimer
This site, as well as the materials and any products show or sold on this site are provided (and sold) “as is,” “with all faults,” and without warranties of any kind, whether express or implied. This also includes any product that is shown on our site, but shipped through an affiliate and a third party. To the fullest extent permissible pursuant to applicable law, The Art of Vincent DeLisi, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Art of Vincent DeLisi, does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Art of Vincent DeLisi, does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
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Limitation of Liability – Risk
The Art of Vincent DeLisi, shall not be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Art of Vincent DeLisi, has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Art of Vincent DeLisi, product is mistakenly listed at an incorrect price, The Art of Vincent DeLisi, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Art of Vincent DeLisi, reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank charged. If your credit card or bank has already been charged for the purchase and your order is cancelled, The Art of Vincent DeLisi, shall issue a credit to your credit card or bank account in the amount of the incorrect price.
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Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Art of Vincent DeLisi, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Art of Vincent DeLisi, may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Art of Vincent DeLisi
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Art of Vincent DeLisi, products) shall be in the state or federal courts located in Suffolk County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Art of Vincent DeLisi, products) must be commenced within one (1) year after the claim or cause of action arises. The Art of Vincent DeLisi’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Art of Vincent DeLisi, may assign its rights and duties under this Agreement to any party at any time without notice to you. All prices are show in United States Currency.
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Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Art of Vincent DeLisi, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
The Art of Vincent DeLisi, does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Art of Vincent DeLisi, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Art of Vincent DeLisi, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Art of Vincent DeLisi, in its sole discretion.
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Class Action Waiver
Any lawsuit under these Terms and Conditions will take place on an individual basis. Class arbitrations, class lawsuits, and class/representative/collective actions are not permitted. By using this site and ordering products off this site, you agree that, in the event that you file a lawsuit against us, any party to a lawsuit will only bring claim(s) against the other party only in each individual’s capacity, and not as a plaintiff or class member in any punitive class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and The Art of Vincent DeLisi agree otherwise, any arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
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Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by The Art of Vincent DeLisi, in a location selected upon by the The Art of Vincent DeLisi. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, you agree to pay our costs and attorney's fees, regardless of the outcome. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
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Indemnification
You agree to indemnify, defend, and hold harmless The Art of Vincent DeLisi, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
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Third-Party Links
In an attempt to provide increased value to our visitors, The Art of Vincent DeLisi, may link to sites operated by third parties. However, even if the third party is affiliated with The Art of Vincent DeLisi, The Art of Vincent DeLisi, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Art of Vincent DeLisi These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Art of Vincent DeLisi, seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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Return Policy
Due to the nature of our products, we are unable to accept any returns or provide refunds on any orders or products at this time. Please contact us within 30 days of receiving your order with any concerns or issues with your products or artwork.
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Privacy Policy
We will never willfully disclose individually identifiable information about our customers to any third party. When you purchase products from us as a member or register for our newsletter or emails, we automatically place you on our list to receive email regarding updates about special offers, new products. If you do not wish to receive email updates, there will be unsubscribe options. This Privacy Policy is subject to applicable law and applicable regulations and is subject to change without any notice to you.
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How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: to personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested, to allow us to better service you in responding to your customer service requests, to quickly process your transactions, to administer a contest, promotion, survey or other site feature.
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Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s (or device’s) hard drive through your Web browser (if you allow it). This enables the site’s or service provider’s system(s) to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Microsoft Edge) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
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How can you opt out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by contacting us. Please note that due to email production schedules you may receive any emails already in production. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
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Third Party Links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified as written at the beginning of this page. The most current version of the Terms will supersede all previous versions. The Art of Vincent DeLisi encourages you to periodically review the Terms to stay informed of our updates.
Questions and Feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
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Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Integrated Agreement
These Terms and Conditions shall constitute the complete and only agreement between you and The Art of Vincent DeLisi. These Terms and Conditions discharges any prior or contemporaneous agreement(s) between you and The Art of Vincent DeLisi
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Age
The Art of Vincent DeLisi does not knowingly collect, either online or offline, any personal information from persons under the age of eighteen. If you are under eighteen, you may use our site only with the permission of a parent or guardian.
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No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.vincentdelisi.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Art of Vincent DeLisi that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Art of Vincent DeLisi or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Art of Vincent DeLisi content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Art of Vincent DeLisi and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Art of Vincent DeLisi or our licensors except as expressly authorized by these Terms.
Contact Us
The Art of Vincent DeLisi welcomes your questions or comments regarding the Terms:
Email Address: info@vincentdelisi.com
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