WEBSITE TERMS AND CONDITIONS OF USE

This website and/or its mobile applications (the “Site”) is owned and operated by The Great American Picture Company, Inc. and/or its subsidiaries or affiliates (“GAPCO”). These Website Terms and Conditions of Use (“Terms of Use”) apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant GAPCO website.

Throughout the Site, the terms “we,” “us” and “our” refer to GAPCO. GAPCO offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your acceptance and continued use of this Site constitutes your agreement to abide by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not accept them and discontinue your use of this Site.

1.	Data Integrity

You represent that all of the information, data and other materials you provide on this Site or to GAPCO through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

2.	Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at [http://www...] You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and processed in accordance with the terms of the Privacy Notice. We may update the Privacy Notice from time to time in our sole discretion and post an updated version of the notice at the website address provided above.

3.	License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by GAPCO, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

GAPCO grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. GAPCO or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in GAPCO’s sole discretion. GAPCO strictly prohibits any other use of any content available through the Site, including but not limited to:

1. any downloading, copying or other use of the content or the Site for purposes competitive to GAPCO or for the benefit of another vendor or any third party;

2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;

3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);

4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;

5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to, the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

6. any action that imposes or may impose (in GAPCO’s sole discretion) an unreasonable or disproportionately large load on GAPCO’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by GAPCO.

GAPCO reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. GAPCO neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with GAPCO. Termination of your access or use will not waive or affect any other right or relief to which GAPCO may be entitled, at law or in equity.

4.	Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;

2. may contain software viruses or malware;

3. contains advertisements or solicitations of any kind, or other commercial content;

4. is designed to impersonate others;

5. contains personal information (such as messages that include phone numbers, payment card numbers, account numbers, or addresses), except where we expressly ask you to provide such information;

6. contains messages by non-spokesperson employees of GAPCO purporting to speak on behalf of GAPCO or containing confidential information or expressing opinions concerning GAPCO;

7. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;

8. contains multiple messages placed within individual folders by the same user restating the same point;

9. contains chain letters of any kind; or

10. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes, but is not limited to, (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant GAPCO a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to GAPCO.

5.     Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with GAPCO. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. GAPCO is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

6.     DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, GAPCO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF GAPCO MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE GAPCO SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

7.     LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE GAPCO MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE GAPCO SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE FO THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER GAPCO NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR GAPCO MEMBERSHIP; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE GAPCO SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GAPCO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITWS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GAPCO NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GAPCO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND GAPCO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.     Indemnities

You will indemnify and hold harmless GAPCO from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by GAPCO and such parties, and shall defend GAPCO and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable U.S. or foreign law or the rights of a third party. GAPCO will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of GAPCO.

9.     Electronic Communications

When you use the Site or send emails to GAPCO, you are communicating with GAPCO electronically. You consent to receive electronically any communications related to your use of this Site. GAPCO will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from GAPCO intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the GAPCO site.

10.     Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify GAPCO immediately. GAPCO may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

11.     Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of GAPCO or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of GAPCO or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without GAPCO’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without GAPCO’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

12.     Claims of Intellectual Property Infringement

GAPCO respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that GAPCO has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or GAPCO members who are repeat copyright infringers. GAPCO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GAPCO with the following information (to be effective, the notification must be in writing):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and, if available, email address;

5. 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; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

GAPCO’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

		By mail:

		Justin Mettlach

		Great American Art

		5 Shawmut Road

		Canton, MA 02021

		By phone:

		(800) 314-0434

		By email:

justin@greatamericanart.com

GAPCO may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

13.     Survival of Terms after Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

14.     Force Majeure

GAPCO shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of GAPCO. In the event that GAPCO is temporarily unable to ship to you a purchased item because of such an event, GAPCO will give you the option of deferring shipment or receiving a refund of your charges.

15.     General

If any of the provisions set forth in these Terms of Use of the Terms of Service are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Service. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use or the Terms of Service and the relationship between you and GAPCO will be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.

If a dispute arises under these Terms of Use or the Terms of Service between you and GAPCO, such dispute shall be resolved by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Use shall be the State of Massachusetts. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU WILL NOT HAVE ACCESS TO A COURT OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use or the Terms of Service, GAPCO may resort to court action for injunctive relief at any time.

The failure of GAPCO to act with respect to a breach of these Terms of Use or the Terms of Service by you or others does not waive GAPCO’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

GAPCO does not guarantee it will take action against all breaches of these Terms of Use or the Terms of Service. Except as otherwise expressly provided in these Terms of Use or the Terms of Service, there shall be no third-party beneficiaries to these Terms of Use of the Terms of Service.

16.     Changes to These Terms of Use

You acknowledge and agree that GAPCO may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

17.     Assignment

You may not assign these Terms of Use or the Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of GAPCO, which may be withheld at GAPCO’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Service shall be null and void. GAPCO may assign these Terms of Use or the Terms of Service, in whole or in part, to any third party in its sole discretion.

18.     Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and GAPCO with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.     How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@greatamericanart.com. You may also write to us at:

		Justin Mettlach

		Great American Art

		5 Shawmut Road

		Canton, MA 02021