Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site by the party using your account. By registering, you agree to receive emails from Bill Giacalone Artworks LLC.
All Content, as well as the selection and arrangement of the Content, is owned by Bill Giacalone Artworks LLC and its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly reserved by Bill Giacalone Artworks LLC.
The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Bill Giacalone Artworks LLC, its parents, affiliates, subsidiaries, or third party licensors. You may NOT copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Bill Giacalone Artworks LLC.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Bill Giacalone Artworks LLC or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Bill Giacalone Artworks LLC or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.
You agree to indemnify and hold harmless Bill Giacalone Artworks LLC and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site, (b) any breach of any of these Conditions by you or any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Conditions by you or any user of your account.
Bill Giacalone Artworks LLC maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Bill Giacalone Artworks LLC's express written consent. All rights not expressly granted here are reserved to Bill Giacalone Artworks LLC.
You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Bill Giacalone Artworks LLC assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BILL GIACALONE ARTWORKS LLC, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF BILL GIACALONE ARTWORKS LLC,, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, BILL GIACALONE ARTWORKS LLC,’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
In the event a Bill Giacalone Artworks LLC product is mistakenly listed at an incorrect price, or with incorrect information, Bill Giacalone Artworks LLC will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. In addition, Bill Giacalone Artworks LLC reserves the right any time after receipt of your order to refuse or cancel your order for any reason, 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 canceled, Bill Giacalone Artworks LLC will issue a credit to your credit card account in the amount of the charge.
Notice of damaged merchandise must be submitted to Bill Giacalone Artworks LLC in writing through our returns page within 72 hours upon documented delivery date by the shipping courier. Damaged prints may need to be picked up by UPS for inspection before refunds or replacements can be submitted. Upon contacting Bill Giacalone Artworks LLC, further details on replacement procedures will be provided. Please note Bill Giacalone Artworks LLC is not responsible for damage accrued to prints after they have been delivered and caused by the customer or a third party after delivery. Third parties may include but is not limited to framers, retail establishments, or an artist's customers.
All prints have a quality assurance guarantee. Please review our return page for details in the event it is necessary to seek a return or replacement
Elements within this Terms of Service policy are subject to change without notice and at the discretion of the management at Bill Giacalone Artworks LLC.