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PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this site.
We reserve the right without notice to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes.

RESTRICTIONS ON USE OF MATERIALS

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.

SUBMISSIONS

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.

JURISDICTIONAL ISSUES

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.

TERMINATION

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.

DISCLAIMER

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.

LIMITATION OF LIABILITY

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.

OTHER

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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