| RESTRICTIONS
ON USE OF MATERIALS |
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VIVICRANDALL.COM is
owned and operated by Artist’s Choice, Inc., (Vivi's:
Publishing Company and Galleries). The copyright
in all material provided on this site is held by Artist's
Choice. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise without the prior written permission of Artist's
Choice or the copyright owner. No material from this
site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way. Modification
of the materials or use of the materials for any other
purpose is a violation of Artist's Choice' copyright
and other proprietary rights. For purposes of these
terms, the use of any such material on any other web
site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are
proprietary to Artist's Choice, Inc.
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| SUBMISSIONS |
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Artist's
Choice is pleased to hear from its customers and welcomes
your comments regarding Artist's Choice' products. Unfortunately,
however, Artist's Choice' long-standing company policy
does not allow it to accept or consider creative ideas,
suggestions, or materials other than those it has specifically
requested. We hope you will understand that it is the
intent of this policy to avoid the possibility of future
misunderstandings when projects developed by Artist's
Choice' professional staff might seem to others to be
similar to their own creative work. Accordingly, we must,
regretfully, ask that you do not send us any original
creative materials such as stories or character ideas,
screenplays, or original artwork. While we do value your
feedback on our services and products, we request that
you be specific in your comments on those services and
products, and not submit any creative ideas, suggestions,
or materials. If at our request you send certain specific
submissions (e.g., artwork, postings to contests) or,
despite our request that you not send us any other creative
materials, you send us creative suggestions, ideas, notes,
drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be
deemed, and shall remain, the property of Artist's Choice.
None of the Submissions shall be subject to any obligation
of confidence on the part of Artist's Choice, and Artist's
Choice shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing,
Artist's Choice shall exclusively own all now known or
hereafter existing rights to the Submissions of every
kind and nature, in perpetuity, throughout the universe
and shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions.
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| JURISDICTIONAL
ISSUES |
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Unless
otherwise specified, the materials in this site are presented
solely for the purpose of promoting Artist's Choice products
available in the United States, its territories, possessions,
and protectorates. This site is controlled and operated
by Artist's Choice' from its offices within the State
of Wyoming, United States of America. Artist's Choice
makes no representation that materials in this site are
appropriate or available for use in other locations.
Those who choose to access this site from other locations
do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local
laws are applicable.
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| TERMINATION |
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These
terms and conditions of use are effective until terminated
by either party. You may terminate these terms of use
at any time by not using this site and by destroying
all materials obtained from this site and all related
documentation and all copies and installations thereof,
whether made under the terms of these terms of use or
otherwise. These terms will terminate immediately without
prior notice from Artist's Choice if in Artist's Choice'
sole discretion you fail to comply with any term or provision
of these terms of use. Upon termination, you must destroy
all materials obtained from this site and any and all
other Artist's Choice site(s) and all copies thereof,
whether made under the terms of these terms of use or
otherwise.
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| DISCLAIMER |
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THE
MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, ARTIST'S CHOICE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTIST'S CHOICE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ARTIST'S CHOICE DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT ARTIST'S CHOICE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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| LIMITATION
OF LIABILITY |
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UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL ARTIST'S CHOICE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS IN THIS SITE, EVEN IF ARTIST'S
CHOICE OR AN ARTIST'S CHOICE' AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL ARTIST'S CHOICE TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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| OTHER |
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These
terms shall be governed by and construed in accordance with
the laws of the State of Wyoming, without giving effect to
any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located
in Natrona County and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of
litigating any such action. In no event shall you be entitled
to injunctive or other equitable relief. If any provision
of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall
not be modified except as posted by Artist's Choice on this
site or in writing, signed by Artist's Choice.
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