Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modifications to these Terms
Andrew Matusik (Society Presents Inc.) reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
Purchaser Terms and Conditions
Purchases of Printed Works
As a purchaser of Printed Works that are listed by Andrew Matusik (Society Presents Inc.) via the Services per Matusikart . com. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Andrew Matusik (Society Presents Inc.) and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions ofAndrew Matusik’s (Society Presents Inc.) then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.
Order Cancellations
Andrew Matusik (Society Presents Inc.) reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if Andrew Matusik (Society Presents Inc.) determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Andrew Matusik (Society Presents Inc.) cancels an order placed via the Services, Andrew Matusik (Society Presents Inc.) will send you an email confirmation of such cancellation and you will not be charged for your order.
Taxes
All prices referred to in these Terms, including any prices stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). As the purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Color
You understand and agree that Saatchi Art uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Saatchi Art is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
Andrew Matusik Photography and Society Present’s Intellectual Property
The services, content and art provided MatusikArt.com (Society Presents Inc.) are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Matusik Photo Art (Society Presents Inc.) and its licensors exclusively own all right, title and interest in and to the Services and MatusikArt.com content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Saatchi Art Content.
Copyright Policy
MatusikArt.com (Society Presents Inc.) respects copyright law and expects its users to do the same. It is MatusikArt.com’s (Society Presents Inc.) policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, MatusikArt.com (Society Presents Inc.) will respond expeditiously to claims of copyright infringement committed using the MatusikArt.com website (the "Site").
General Prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Andrew Matusik’s name, any MatusikArt.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Andrew Matusik’s (Society Presents Inc.) express written consent;
Access, tamper with, or use non-public areas of the Services, Andrew Matusik’s (Society Presents Inc.) computer systems or network, or the technical delivery systems of Saatchi Art’s providers;
Attempt to access or search Services, Andrew Matusik’s (Society Presents Inc.) Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Andrew Matusik (Society Presents Inc.) or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Saatchi Art trademark, logo URL or product name without Saatchi Art’s express written consent;
Use Services, Andrew Matusik’s (Society Presents Inc.) content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Andrew Matusik’s (Society Presents Inc.) content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Andrew Matusik’s (Society Presents Inc.) content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Andrew Matusik (Society Presents Inc.) will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Andrew Matusik (Society Presents Inc.) may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Andrew Matusik (Society Presents Inc.) has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.