Terms and Conditions of Use

Welcome to ArtBarkGallery.com. ArtBarkGallery.com provides its services to you subject to the following conditions. If you visit or shop at ArtBarkGallery.com, you accept these conditions. Please read them carefully.

Copyrights

Access to and use of any and all text, artwork, photographs and other files and data on this web site (the "Site") are subject to the following terms and conditions:

1. Copyright laws protect the Site's software, documentation, electronic text and image files, and other material, including reproductions of works of art licensed to Art Bark by third parties (the "Licensed Works"); other restrictions may also apply. Art Bark Gallery (the "Gallery") retains all rights, including copyright, in data, image, text, and any other information contained in the Site (except for the Licensed Works) which are referred to collectively herein as the "Material(s)." Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than the Gallery. The Gallery expressly prohibits the copying, display, publication, distribution, modification, or exploitation for commercial or other purposes of any protected Material(s) on the Site, except for the purposes of fair use as defined in the copyright laws, and as described below.

2. Fair use of copyrighted material includes the use of protected Material(s) for limited, purely non-commercial education purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted, users who wish to download or print data, text, image or other files included in the Materials may do so without the Gallery's prior express permission. Users must, however, cite the author and source of this material as they would material from any printed or other work, and the citations should include the URL "http://www.ArtBarkGallery.com". The Gallery does not warrant or represent that use of Material(s) displayed on the Site will not infringe the rights of third parties not owned or affiliated with the Gallery.

3. Any party wishing to use any of the data, text, image or other files included in the Materials from the Site, for purposes other than fair use as defined by law, must request and receive prior written approval from the following: Art Bark Department of Rights and Reproductions Tel: 802-222-5673 Fax: 802-222-5673 E-mail: reproductions@ArtBarkGallery.com Permission for such use is granted on a case-by-case basis at the sole discretion of the Gallery. A usage fee may be involved depending on the type and nature of the proposed use.

4. Without limiting the foregoing, all Materials on the Site are provided "As Is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement.

5. Many of the trademarks, service marks and logos (collectively, "Trademarks") displayed on the Site, including Art Bark Gallery are registered and/or unregistered marks of the Art Bark Gallery. The Trademarks of third parties may also be displayed on this Site. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without written permission of the Gallery or any third party that may own the Trademarks displayed on the Site.

All text, images and graphics contained in this web site are © Copyright Art Bark Gallery unless otherwise noted. Images and graphics may not be used - electronically or in print - or in any way without the express written permission of Art Bark Gallery. This includes, but is not limited to, personal web pages, multimedia presentations, CD-ROM's of any type and web or FTP based clip-art collections.

If you have any questions, or to obtain photograph reproduction rights, please call (802) 222-5673, or email: photoservices@ArtBarkGallery.com

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of ArtBarkGallery.com or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of Art Bark Electronic Media or its software suppliers and protected by United States and international copyright laws.

Product Descriptions

ArtBarkGallery.com attempts to be as accurate as possible. However, ArtBarkGallery.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ArtBarkGallery.com itself is not as described, your sole remedy is to return it in its original condition.

Pricing

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price 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.

Packing the Artwork

• Packing is the responsibility of the Artist.
• Packing of large and fragile items is usually done by a professional packing company whose costs are included in the total purchase price.

Shipping the Artwork

• The Buyer incurs the shipping costs. It is included in the total purchase price during checkout.
• Art Bark and the selling Artist will select the shipping company.

Risk of Loss During Shipment

• All items purchased from ArtBarkGallery.com 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.

• The Buyer may return the item only if it fails to meet the description provided with the catalog image.
• In this case, the Buyer must immediately notify Art Bark Gallery by email, Telephone or email.
• Art Bark will confirm the receipt of the Buyer's notice within 48 hours.
• If Art Bark does not confirm receipt within 48 hours, the Buyer must notify Art Bark by telephone as well email until Art Bark has confirmed the receipt of notice.
• Once the Buyer has received the artwork and Art Bark has been notified of delivery, Art Bark will release the money back to the Seller.
• The costs of sending the artwork back to the Seller is incurred by the Seller

Your Account

If you use this site, 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. ArtBarkGallery.com does not sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use ArtBarkGallery.com only with involvement of a parent or guardian. ArtBarkGallery.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews 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. ArtBarkGallery.com 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 ArtBarkGallery.com and its affiliates 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 ArtBarkGallery.com and its affiliates 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 ArtBarkGallery.com or its affiliates for all claims resulting from content you supply. ArtBarkGallery.com has the right but not the obligation to monitor and edit or remove any activity or content. ArtBarkGallery.com takes no responsibility and assumes no liability for any content posted by you or any third party.

License and Site Access

ArtBarkGallery.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ArtBarkGallery.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ArtBarkGallery.com. 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 ArtBarkGallery.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ArtBarkGallery.com's name or trademarks without the express written consent of ArtBarkGallery.com. Any unauthorized use terminates the permission or license granted by ArtBarkGallery.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ArtBarkGallery.com so long as the link does not portray ArtBarkGallery.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ArtBarkGallery.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Electronic Communications

When you visit ArtBarkGallery.com 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. 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.

Privacy

Please review our Privacy Notice, which also governs your visit to ArtBarkGallery.com, to understand our practices.

Operations

Art Bark Gallery makes no representation that the operation of the site will be uninterrupted or without error, and will not be liable for the consequences of any interruptions or errors.

Foreign Sales

Foreign sales and shipments must be approved by Art Bark Gallery before purchase.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY ArtBarkGallery.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ArtBarkGallery.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ArtBarkGallery.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ArtBarkGallery.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ArtBarkGallery.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ArtBarkGallery.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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.

Applicable Law

By visiting ArtBarkGallery.com, you agree that the laws of the state of Vermont, 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 ArtBarkGallery.com or its affiliates.

Disputes

Any dispute relating in any way to your visit to ArtBarkGallery.com or to products you purchase through ArtBarkGallery.com shall be submitted to confidential arbitration in Bradford, Vermont, except that, to the extent you have in any manner violated or threatened to violate ArtBarkGallery.com's intellectual property rights, ArtBarkGallery.com may seek injunctive or other appropriate relief in any state or federal court in the state of Vermont, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

We reserve the right to make changes to our site, policies, 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.