Welcome to L.B. Madison Fine Art's website
(the "Site").
The
Site, as well as the websites of our affiliates
and subsidiaries, are currently being provided
free-of-charge to you. The terms "you",
"your", and "yours"
refer to the customer/purchaser utilizing
our Site(s). The terms "L.B. Madison
Fine Art", "we", "us",
and "our" refer to L.B. Madison
Fine Art, LLC., and its affiliates, and
subsidiaries. We reserve the right to change
the nature of this relationship at any time
and to revise these Terms and Conditions
from time to time as we see fit. If you
violate the terms of this Agreement you
will have your access canceled and you may
be permanently banned from using the Site
and any interactive services. You should
check these terms and conditions periodically.
By using the Site after we post changes
to these Terms and Conditions, you agree
to accept those changes, whether or not
you actually reviewed them.
Entering
the Site will constitute your acceptance
of these Terms and Conditions. If you do
not agree to abide by these terms, please
do not enter the Site.
We
do not discriminate on the basis of age,
race, national origin, gender, sexual orientation
or religion.
Privacy
Please
review our Privacy and Security Statement,
which also governs your visit to the Site,
to understand our practices.
Copyright
You
acknowledge that the Site contains information,
data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and
other material (collectively "Content")
that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights,
and that these rights are valid and protected
in all forms, media and technologies existing
now or hereinafter developed. All Content
is copyrighted as a collective work under
the U.S. copyright laws, and we own a copyright
in the selection, coordination, arrangement,
and enhancement of such Content. You may
not modify, remove, delete, augment, add
to, publish, transmit, participate in the
transfer or sale of, create derivative works
from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions
are displayed, you may make copies of select
portions of the Content, provided that the
copies are made only for your personal use
and that you maintain any notices contained
in the Content, such as all copyright notices,
trademark legends, or other proprietary
rights notices. Except as provided in the
preceding sentence or as permitted by the
fair use privilege under the U.S. copyright
laws (see, e.g., 17 U.S.C. Section 107),
you may not upload, post, reproduce, or
distribute in any way content protected
by copyright, or other proprietary right,
without obtaining permission of the owner
of the copyright or other propriety right.
Nothing
contained on the Site should be construed
as granting, by implication, estoppel, or
otherwise, any license or right to use the
Site or any information displayed on the
Site, through the use of framing or otherwise,
except: (a) as expressly permitted by these
Terms and Conditions; or (b) with our prior
written permission or the prior written
permission from such third party that may
own the trademark or copyright of information
displayed on the Site.
Intellectual
Property Infringement
L.B.
Madison Fine Art relies upon a network of
independent Associates and vendors who supply
some of the goods advertised on the site
and, in some cases, drop ship them directly
to our customers. L.B. Madison Fine Art
is not liable for any infringement of copyrights,
trademarks, trade dress or other proprietary
or intellectual property rights arising
out of Content posted on or transmitted
through the Site, or items advertised on
the Site, by its Associates. If you believe
that your rights under United States or
international copyright laws are being violated
by any Content posted on or transmitted
through the Site, or items advertised on
the Site, please contact us promptly so
that we may investigate the situation and,
if appropriate, block or remove the offending
Content and/or advertisements. It is our
policy to disable access to infringing materials,
and to terminate access of repeat infringers
to the Site. In order for us to investigate
your claim of infringement, you must provide
us with the following information:
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
believe has been infringed;
3. A description of where the material that
you claim is infringing is located or identified
on the Site; Your name, address, telephone
number, and e-mail address;
4. A statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright or intellectual
property owner, its agent, or the law; and
5. A statement by you, made under penalty
of perjury, that the information submitted
to us is accurate and that you are the owner
of the copyright or intellectual property
or authorized to act on behalf of the owner
of the copyright or intellectual property.
The
above information should be provided to
L.B. Madison Fine Art's agent for notice
of claims of copyright or other intellectual
property infringement, who can be reached
as follows:
By
mail:
L.B. Madison Fine Art
335 Buffalo Avenue
Niagara Falls, New York 14303
By
phone:
(716) 282-2933
By
e-mail:
info@lbmadison.com
Site
access
You
may not download (other than page caching)
or modify the Site or any portion of it,
without our express, written consent. This
includes: a prohibition on any resale or
commercial use of the Site or its contents;
any collection and use of any product listings,
descriptions, or prices; any derivative
use of the Site or its contents; any downloading
or copying of account information for the
benefit of another merchant; and any use
of data mining, robots, or similar data
gathering and extraction tools. The Site
or any portion of the Site may not be reproduced,
duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial
purpose without our express, written consent.
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 L.B. Madison
Fine Art or its affiliates without our express,
written consent. You may not use any meta
tags or any other "hidden text"
utilizing our name or trademarks without
our express, written consent.
Links
We
are not responsible for the content of any
sites that may be linked to or from www.lbmadison.com,
and www.lbmadison.com, or any bulletin board
associated with L.B. Madison Fine Art, and
Gear.com. These links are provided for your
convenience only and you access them at
your own risk. Any other website accessed
from the Site are independent from L.B.
Madison Fine Art, and L.B. Madison Fine
Art has no control over the content of that
other website. In addition, a link to any
other web site does not imply that L.B.
Madison Fine Art endorses or accepts any
responsibility for the content or use of
such other website.
In
no event shall any reference to any third
party or third party product or service
be construed as an approval or endorsement
by L.B. Madison Fine Art of that third party
or of any product or service provided by
a third party.
Disclaimers
and limitations of liability
The
Site is provided on an "AS IS,"
"as available" basis. Neither
L.B. Madison Fine Art, nor its affiliates,
subsidiaries, or designees, nor each of
their respective officers, directors, employees,
agents, third-party content providers, designers,
contractors, distributors, merchants, sponsors,
licensors or the like (collectively, "Associates")
warrant that use of the Site will be uninterrupted
or error-free. Neither L.B. Madison Fine
Art, nor its Associates warrant the accuracy,
integrity, or completeness of the Content
provided on the Site or the products or
services offered for sale on the Site. Further,
we make no representation that Content provided
on the Site is applicable or appropriate
for use in locations outside of the United
States. L.B. Madison Fine Art specifically
disclaims warranties of any kind, either
expressed or implied, including but not
limited to warranties of title or implied
warranties of merchantability or fitness
for a particular purpose. No oral advice
or written information given by L.B. Madison
Fine Art or its Associates shall create
a warranty. You expressly agree that the
use of the Site is at your sole risk.
Under
no circumstances shall L.B. Madison Fine
Art or its Associates be liable for any
direct, indirect, incidental, special, or
consequential damages that result from the
use of or inability to use the Site, including
but not limited to reliance by a user on
any information obtained at the Site, or
that result from mistakes, omissions, interruptions,
deletion of files or e-mail, errors, defects,
viruses, delays in operation or transmission,
or any failure of performance, whether or
not resulting from acts of God, communications
failure, theft, destruction or unauthorized
access to L.B. Madison Fine Art records,
programs or services. The foregoing limitation
of liability shall apply whether in an action
of contract, negligence, or other tortious
action, even if an authorized representative
of L.B. Madison Fine Art has been advised
of or should have knowledge of the possibility
of such damages. You hereby acknowledge
that this paragraph shall apply to all content,
merchandise and services available through
the Site. Because some states do not allow
the exclusion or limitation of liability
for consequential or incidental damages,
in such states liability is limited to the
fullest extent permitted by law.
Prices
and availability of products on the Site
are subject to change without notice. Errors
will be corrected when discovered, and we
reserve the right to revoke any stated offer
and to correct any errors, inaccuracies,
or omissions (including after an order has
been submitted).
Although
we take steps to ensure the accuracy and
completeness of product and third-party
services that are posted on the Site, please
refer to the manufacturer or Associates
for details.
Online
conduct
You
agree to use L.B. Madison Fine Art only
for lawful purposes. You are prohibited
from posting on or transmitting through
L.B. Madison Fine Art any unlawful, harmful,
threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise
objectionable material of any kind, including
but not limited to any material that encourages
conduct that would constitute a criminal
offense, give rise to civil liability, or
otherwise violate any applicable local,
state, national, or international law. If
we are notified of allegedly infringing,
defamatory, damaging, illegal, or offensive
Content provided by you (e.g., through an
author chat or online review), L.B. Madison
Fine Art may investigate the allegation
and determine in its sole discretion whether
to remove or request the removal of such
Content from the Site. We may disclose any
Content or electronic communication of any
kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure
is necessary or appropriate to operate L.B.
Madison Fine Art; or (iii) to protect the
rights or property of L.B. Madison Fine
Art, its Associates, and you.
We
reserve the right to prohibit conduct, communication,
or Content that it deems in its sole discretion
to be unlawful or harmful to you, L.B. Madison
Fine Art, the communities that make up L.B.
Madison Fine Art, or any rights of L.B.
Madison Fine Art or any third party. Notwithstanding
the foregoing, neither L.B. Madison Fine
Art nor its Associates can ensure prompt
removal of questionable Content after online
posting. Accordingly, neither L.B. Madison
Fine Art, nor its affiliates, nor any of
their officers, directors, employees, or
agents, nor Associates assumes any liability
for any action or inaction with respect
to conduct, communication, or Content on
L.B. Madison Fine Art.
Termination
of usage
We
may terminate your access or suspend your
right to access to all or part of the Site,
without notice, for any conduct that we,
in our sole discretion, believe is in violation
of any applicable law or is harmful to the
interests of another user, Associates, or
L.B. Madison Fine Art. In addition, we reserve
the right to refuse an order from any customer
at our sole discretion.
Applicable
law
By
visiting the Site, you agree that the laws
of the State of New York, without regard
to principles of conflict of laws, will
govern these Terms and Conditions and any
dispute of any sort that might arise between
you and L.B. Madison Fine Art or its affiliates
and subsidiaries.
Disputes
Any
dispute relating in any way to your visit
to the Site or to products you purchase
through the Site shall be submitted to confidential
arbitration in Niagara Falls, New York,
except that, to the extent you have in any
manner violated or threatened to violate
L.B. Madison Fine Art's intellectual property
rights, L.B. Madison Fine Art may seek injunctive
or other appropriate relief in any state
or federal court in the State of New York,
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
Please
review our other policies, such as our Privacy
and Security Policy, posted on the Site.
These policies also govern your visit to
L.B. Madison Fine Art. We reserve the right
to make changes to the Site, policies, and
these Terms and Conditions 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.
L.B.
Madison Fine Art
335 Buffalo Ave.
Niagara Falls, New York 14303
