These Terms of Use (ToI) apply to the fineartshippers.com (‘FAS’ or ‘We’, ‘Us’ and ‘Ours’) website (‘The Website’). By accessing and using the Website, you agree to be legally bound by these terms.
1. User Eligibility
The Website is provided by FAS and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
2. Scope
These Terms of Use as well as our Privacy Policy govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
3. FAS Service Terms and Conditions
The service terms and conditions of FAS (the “FAS Service Terms and Conditions”) applicable to the transportation, shipping and storage and related services provided by FAS govern Your use of such FAS transportation and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The FAS Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the FAS Service Terms and Conditions.
4. Information Submitted through The Website and The Services
Your submission of information through the Website and the Services is governed by these terms of Use. You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.
With respect to any individual whose personal information is provided by You to FAS through the Website and the Services, You represent to FAS that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
5. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of FAS, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of FAS, its affiliates or other entities that have granted FAS the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of FAS. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without FAS’s or the appropriate third party’s prior written permission. Except as expressly provided herein, FAS does not grant to You any express or implied rights to FAS’s or any third party’s Intellectual Property.
FAS grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by FAS, and (b) access and use the FAS computer and network services offered within the Website (the “FAS Systems”) only in the manner expressly permitted by FAS. Except for this limited license, FAS does not convey any interest in or to the FAS Systems, information or data available via the FAS Systems (the “Information”), Content, Services, Website or any other FAS property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FAS. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by FAS.
6. Restrictions on Use
In addition to all other restrictions set forth in these Terms of Use, you agree that:
(a) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(b) You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent
(c) You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
(d) You shall not disguise the origin of information transmitted through the Website.
(e) You will not place false or misleading information on the Website.
(f) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by FAS.
(g) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(h) Certain areas of the Website are restricted to customers of FAS.
(i) You may not use or access the Website or the FAS Systems or Services in any way that, in Our sole judgment, adversely affects the performance or function of the FAS Systems, Services or the Website or interferes with the ability of authorized parties to access the FAS Systems, Services or the Website.
(j) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of FAS.
7. Links
a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by FAS of the content on such Linked Sites. FAS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. FAS is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page of the Website other than to fineartshippers.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with FAS. Any website or other device that links to fineartshippers.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that FAS or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with FAS or any of its affiliates, (e) presenting false information about FAS products or services, and (f) using any logo or mark of FAS or any of its affiliates without express written permission from FAS.
8. Termination
You agree that FAS, in its sole discretion, may terminate or suspend Your use of the Website, the FAS Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the FAS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that FAS shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FAS Systems, Information and/or the Services.
9. DISCLAIMER OF WARRANTIES
FAS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE FAS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEBSITE, THE FAS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. FAS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. FAS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE FAS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY FAS IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT FAS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, FAS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE FAS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
11. Compliance with Export Laws
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of FAS, negatively reflect on the goodwill or reputation of FAS and shall take no actions which would cause FAS to be in violation of any laws, rulings or regulations applicable to FAS.
FAS and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
12. Exclusion of third party rights.
These terms of service are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of service is not subject to the consent of any third party.
13. Indemnity
You hereby agree to defend, indemnify and hold FAS harmless and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney costs and fees and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of service, or arising out of any claim that you have breached any provision of these terms of service.
14. Breach of these terms of service
Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
15. Modification
FAS may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of FAS. FAS may also change or impose fees for products and services provided through the Website at any time in its sole discretion. FAS may establish or change, at any time, general practices and limits concerning other FAS products and services in its sole discretion.
16. Severability
If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE FAS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF KINGS, STATE OF NEW YORK, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE FAS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of New York, U.S.A. excluding (i) New York’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Website Terms of Use located at the bottom of the page.
19. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
20. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
21. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND FAS, THESE TERMS OF USE TOGETHER WITH FAS PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND FAS WITH RESPECT TO THE USE OF THE WEBSITE, THE FAS SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.