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Conditions of Use
Last updated: January 8, 2015
Welcome to Meshart.net. Meshart LLC and/or its affiliates ("Meshart") provide website features and other products and services to you when you visit or shop at Meshart.net, use Meshart products or services, use Meshart applications for mobile, or use software provided by Meshart in connection with any of the foregoing (collectively, "Meshart Services"). Meshart provides the Meshart Services subject to the following conditions.
By using Meshart Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Meshart Services, and sometimes additional terms may apply. When you use an Meshart Service (for example, Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that Meshart Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
When you use any Meshart Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Meshart Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Meshart Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Meshart or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Meshart Service is the exclusive property of Meshart and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Meshart Service are trademarks or trade dress of Meshart in the U.S. and other countries. Meshart's trademarks and trade dress may not be used in connection with any product or service that is not Meshart's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Meshart. All other trademarks not owned by Meshart that appear in any Meshart Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Meshart.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Meshart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Meshart Services. This license does not include any resale or commercial use of any Meshart Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Meshart Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Meshart or its licensors, suppliers, publishers, rightsholders, or other content providers. No Meshart Service, nor any part of any Meshart Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Meshart. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Meshart without express written consent. You may not use any meta tags or any other "hidden text" utilizing Meshart's name or trademarks without the express written consent of Meshart. You may not misuse the Meshart Services. You may use the Meshart Services only as permitted by law. The licenses granted by Meshart terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Meshart Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Meshart does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Meshart Services only with involvement of a parent or guardian.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Meshart reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Meshart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Meshart and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Meshart for all claims resulting from content you supply. Meshart has the right but not the obligation to monitor and edit or remove any activity or content. Meshart takes no responsibility and assumes no liability for any content posted by you or any third party.
Meshart respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement,
RISK OF LOSS
All items purchased from Meshart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Meshart does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Meshart does not take title to the refunded item.
Meshart attempts to be as accurate as possible. However, Meshart does not warrant that product descriptions or other content of any Meshart Service is accurate, complete, reliable, current, or error-free. If a product offered by Meshart itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Meshart Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Meshart, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Meshart is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Meshart operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Meshart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MESHART SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MESHART SERVICES ARE PROVIDED BY MESHART ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MESHART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MESHART SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MESHART SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MESHART SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MESHART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MESHART DOES NOT WARRANT THAT THE MESHART SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MESHART SERVICES, MESHART'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MESHART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MESHART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MESHART SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MESHART SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
By using any Meshart Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Meshart.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. 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.
P.O. Box 3092
Ketchum, ID 83340
How to Serve a Subpoena
If you have a subpoena to serve on Meshart, please note that Meshart does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Meshart.net.
291 First Avenue North
Ketchum, ID 83340
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.
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 submit your complaint .We respond quickly to the concerns of rights owners about any alleged infringement.
Please Submit a report in writing, please provide us with this information:
· A 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 upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· 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.
Meshart's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
P.O. Box 3092
Ketchum, ID 83340
Please note that this procedure is exclusively for notifying Meshart that your copyrighted material has been infringed.
This presence of this badge signifies that this business has officially registered with the Art Storefronts Organization and has an established track record of selling art.
It also means that buyers can trust that they are buying from a legitimate business. Art sellers that conduct fraudulent activity or that receive numerous complaints from buyers will have this badge revoked. If you would like to file a complaint about this seller, please do so here.
The Art Storefronts Organization has verified that this business has provided a returns & exchanges policy for all art purchases.
MESH Gallery patrons have 30 days to return any artwork for a full refund or 100% exchange for another artwork*. MESH Gallery patrons can have any artwork that has been damaged for any reason replaced for the cost of reproduction. * If the item has been damaged the cost of reproduction will be reduced from the refund/exchange amount applied.
This website provides a secure checkout with SSL encryption.
The Art Storefronts Organization has verified that this Art Seller has published information about the archival materials used to create their products in an effort to provide transparency to buyers.
MESH Art uses the finest inks, paper, canvas and faming materials available in the industry. Each artwork is noted as to whether (or) not it has been made with archival materials. Each bill of sale includes documentation.
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