Terms and Conditions

Your use of the ArtAvant.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

ArtAvant reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to ArtAvant, its affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of ArtAvant.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by ArtAvant or its affiliates, or subsidiaries and may not be used by You without the prior written consent of ArtAvant or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

USE OF THIS WEBSITE

ArtAvant maintains this Website for Your purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. Commercial use of all or part of this Website is prohibited except under ArtAvant’s express written consent. All rights not expressly granted here are reserved to ArtAvant.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

PERSONAL USE AND PUBLIC DISPLAY LICENSES

Purchases of Audiovisual Works on ArtAvant include a Personal Use license or a Public Display license depending on the license option selected during purchase. An ArtAvant account is required to purchase Public Display Audiovisual Works. Your use of the purchased Audiovisual Work is governed by these terms and conditions.

Personal Use License:

A Personal Use License included with an Audiovisual Work grants You a limited, non exclusive, non transferable, license to use that Audiovisual Work for personal, non-public, non-commercial viewing of the Audiovisual Work.

Public Display License:

A Public Display License included with an Audiovisual Work grants You a limited, non exclusive, non transferable, license to use that Audiovisual Work for public performance within commercial establishments and public events. Performance of a Public Display licensed Audiovisual Work is limited to a single location at a time per Audiovisual Work purchased. A Public Display licensed Audiovisual Work performed concurrently at multiple locations requires an additional purchase of the Audiovisual Work for use in each location. As example of this, a Restaurant with four (4) locations that wants to display a particular Audiovisual Work within each Restaurant location in the same time period requires purchase of four (4) of that particular Audiovisual Work, which can be done in a single payment transaction on the Website. The retransmission of an Audiovisual Work that is sent by any device or process (including, without limitation, Television, Cable, Satellite, the Internet) and received in a different place is not permitted. A retransmission is a transmission of an Audiovisual Work to yet another place.

GIFT CARDS

Use

ArtAvant eGift Cards provide the recipient with store credit toward purchases on artavant.com. Recipient’s with accounts on ArtAvant can monitor eGift Card balances within their account. eGift Card balances may also be included in receipts where eGift Cards are used in a purchase. Any remaining balances following the use of an eGift Card can be used on subsequent purchase.

Returns

You may not return your ArtAvant eGift Card after it is received.

Safekeeping

eGift Cards have cash value and should be safeguarded accordingly. ArtAvant is not responsible for any lost or stolen eGift Cards or use without the recipient’s permission. eGift card emails contain a code that can be applied to the Cart or at Checkout when shopping, keep eGift Cards and their codes protected; they can be used by whoever has access to them.

Delivery

eGift Cards are sent to the provided email address immediately following your purchase & are instantly redeemable at artavant.com. We are not responsible for eGift Cards that are not deliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and Contact Us if you suspect the recipient did not receive their eGift Card. eGift card emails contain a code that can be applied to the Cart or at Checkout when shopping.

Failed Delivery

eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:

Spam filter blocked email or routed it to a bulk/spam folder
Recipient's firewall blocked the email
Email inbox is over size limit
Invalid email address

If a spam filter is blocking @artavant.com emails from getting to an inbox, the email options will need to be modified so that @artavant.com emails are not considered spam.

Personalized Messaging

If you wish to add a personal message to an eGift Card, simply type your message in the Message field during the purchase process. There is no additional charge to include a personalized message. If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thank you for your cooperation.

Expiration

eGift Cards have no expiration date.

NO WARRANTIES

ARTAVANT DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

ArtAvant assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

LIMITATION OF LIABILITY

In no event shall ArtAvant, its successors, affiliates, subsidiaries, licensors, assigns, service providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.

INDEMNIFICATION

You agree to indemnify and hold ArtAvant harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms and Conditions and the terms of the Application, the terms of the Application will control as relating to the Application.

PURCHASING FOR RESALE

The use of content sold on this Website is governed by the license included with purchase. Purchasing content for the purposes of resale is prohibited.

COMMUNICATIONS WITH THIS WEBSITE

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. ArtAvant will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. ArtAvant cannot prevent the harvesting of information from this Website, and You may be contacted by ArtAvant or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of ArtAvant, may or may not be posted to this Website at the sole discretion of ArtAvant and may be used by ArtAvant or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ArtAvant is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by ArtAvant without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

Although ArtAvant may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, ArtAvant is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. ArtAvant assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A detailed description of the copyright work that You claim has been infringed;

3. A description of precisely where the material that You claim is being infringed is located on the Website;

4. Your address, telephone number, and 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;

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 owner or authorized to act on the copyright owner's behalf.

ArtAvant’s Copyright Agent for Notice is:

ArtAvant, LLC
ATTN: Copyright Agent
2109 Thoroughgood Rd #5210
Virginia Beach, VA 23471

E-Mail: dmca@artavant.com

We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and

4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which ArtAvant may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

ArtAvant may terminate user accounts that have been the subject of five (5) separate Digital Millennium Copyright Act (“DMCA”) notices. In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, ArtAvant will treat the underlying DMCA notice as withdrawn. ArtAvant reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding ArtAvant’s Terms and Conditions.

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF TRADEMARK INFRINGEMENT

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website's trademark Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;

2. A detailed description of the trademark work that You claim has been infringed;

3. A description of precisely where the material that You claim is being infringed is located on the Website;

4. Your address, telephone number, and email address;

5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law;

6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf.

ArtAvant's Agent for Notice is:

ArtAvant, LLC
ATTN: Trademark Agent
2109 Thoroughgood Rd #5210
Virginia Beach, VA 23471

E-Mail: dmca@artavant.com

We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Trademark Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

TERMINATION

At its sole discretion, ArtAvant may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

UNAFFILIATED PRODUCTS AND WEBSITES

Descriptions of, or references to, products, publications or Websites not owned by ArtAvant or its affiliates do not imply endorsement of that product, publication, or Website. ArtAvant has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

LINKING POLICY

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than ArtAvant. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. ArtAvant does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. ArtAvant does not endorse the content, or any products or services available, on such web sites.

UNITED STATES GOVERNING LAW

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Virginia, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that ArtAvant intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to ArtAvant in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

ADDITIONAL PROVISIONS

These Terms and Conditions set forth the entire understanding and agreement of the parties as to this subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter. If any provision of this Agreement is found to be invalid, such provision will be severed to the minimum extent necessary for the remaining provisions to be enforceable. The use of the singular or plural form shall include the other and the use of the masculine, feminine or neuter gender shall include the other genders.

Effective February 1, 2024