Terms and Conditions
Welcome to RICHARDBERNSTEINART.COM
Your Use of Our Sites
You may access and use our Sites solely for your personal, noncommercial use. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites or create derivative works of any portion of our Sites. While using any of our Sites, you agree not to:
- 1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
- 2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- 3. Restrict or inhibit any other user from using any of our Sites , including, without limitation, by means of: "hacking" or defacing any portion our Sites ; using mechanisms, software or other scripts capable of disrupting the function of the Sites ; imposing any unreasonable or excessive burden on the Sites infrastructure; or otherwise attempting to block, overwrite or modify any contents, or otherwise cause disruption to the functioning of the Sites
- 4. Violate any applicable laws or regulations;
- 5. Upload to, transmit through, or display on any of our Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- 6. Engage in spamming;
- 7. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- 8. Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites ; and
- 9. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites.
All artworks by Richard Bernstein are copyright protected under ©The Estate of Richard Bernstein. This website is for personal and/or educational use only. No texts or images of any artwork may be reproduced or downloaded without the express written permission of richardbernsteinart.com and The Estate of Richard Bernstein.
Intellectual Property Notices
Our Sites are ©The Estate of Richard Bernstein. All rights reserved. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Estate of Richard Bernstein, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Disclaimer of Warranties
Except for the express warranties contained in these terms or our terms of sale, our products and services, including all materials incorporated therein, are provided "as is" and without warranties of any kind, either express or implied. Without limiting the foregoing, no warranty is made that our site will be available at any particular time or that they will operate without errors. The fullest extent permissible by applicable law, we and our directors, officers, representatives and affiliates disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Note: certain applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. no statement of ours or any of our directors, officers, shareholders, employees, contractors, agents, representatives and affiliates shall create any warranty other than those expressly contained in these terms.
Limitation of Liability
To the fullest extent permissible by applicable law, neither we nor any of our managers, officers, members, employees, contractors, agents, representatives, or affiliates (the "Estate of Richard Bernstein parties") shall be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of business, profits, use or data), whether based on warranty, contract, tort (including, without limitation, negligence and strict liability) or any other legal theory, even if the richardbernsteinart.com parties have been advised of the possibility of such damages, arising out of or relating in any way to our provision of (or failure to provide) products or services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed its essential purpose. You specifically acknowledge that the richardbernsteinart.com parties are not liable for any defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Furthermore, the richardbernsteinart.com parties will have no liability to you or to any third party for any third-party content uploaded. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services. To the fullest extent permissible by applicable law, the maximum liability of the richardbernsteinart.com parties arising out of or relating in any way to our provision of (or failure to provide) products or services shall be the actual price paid therefore by you. Note: certain jurisdictions may not allow the exclusion or limitation of incidental, consequential or certain other types of damages, so some of the above exclusions or limitations may not apply to you.
We appreciate your interest in improving our Sites ; however, please note that any ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
Notice for California Users
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916 445 1254 or 800 952 5210.
Our Sites are controlled and operated from the State of Connecticut in the United States. Our Sites are not subject to the laws or jurisdiction of any state, country or territory other than that of the State of Connecticut in the United States. We do not represent or warrant that any of our Sites , products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access richardbernsteinart.com do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Sites , in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. If you order a product from us for shipment outside the United States, you are solely responsible for the cost of shipment and for compliance with all applicable laws, regulations, duties, tariffs or other costs or responsibilities for receipt of the product in such other countries.
Changes and Updates
These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. For any disputes not resolved by the arbitration provisions set forth below, you agree to submit to the exclusive jurisdiction of any State or Federal court located in Fairfield County, Connecticut, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicense able by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.
Initial Dispute Resolution
We are available by email at email@example.com to address any concerns you may have regarding our products or services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address: The Estate of Richard Bernstein, 680 E Main St, Suite 742, Stamford, CT 06880. The notice must be sent within thirty (30) days of your first use of the Sites , otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, richardbernsteinart.com also will not be bound by them.
The warranty covers goods that are defective according to applicable consumer protection legislation. You have a statutory right to make a complaint. Customers wishing to assert error in a product should contact the The Estate of Richard Bernstein as soon as possible after discovery of the defect using the contact information stated below. A complaint concerning an error must be made without undue delay after you have or should have discovered the error. You can always make a complaint within two months after You have discovered the error. Upon receipt of the delivery, You should carefully examine the product to ensure it is error free and meets Your expectations.
In the event that a piece arrives damaged, please contact The Estate of Richard Bernstein on the day of receiving the shipment and we ask that a photo of the damaged artwork is sent to our Customer Care team at firstname.lastname@example.org.