Introduction
LEVEL 57 ART L.L.C. ("Level 57","us", "we", or "our") is a wholly- owned subsidiary of DELJOU HOLDINGS, L.L.C. This site is owned and operated by LEVEL 57 ART L.L.C. These terms and conditions govern your use of this website and all materials and information accessed or viewed via the website (the “Site”); by using this website, you agree to be bound by these Terms (“General Terms”), which contain provisions applicable to all users of our Service, including visitors to the LEVEL 57 ART website. If you choose to register as a member of our Service or Purchase Products from the LEVEL 57 Art site, you will agree to be bound by this agreement and by all applicable laws and regulations. If you disagree with these terms and conditions or any part of these terms and conditions, you agree not to use this website.
License to use website
All material including Artwork that is posted on this website are all copyrighted or otherwise protected and owned by LEVEL 57 ART and or a third party who licensed or granted to LEVEL 57 ART the right to use such material. Unless otherwise indicated, all logos, names and marks on the website are trademarks or service marks owned or used under license by LEVEL 57 ART ; the use or misuse of any of these marks or other information is strictly prohibited.
LEVEL 57 ART hereby grants you the right to view, download for caching purposes only, and print the Materials and pages from the website solely for your own personal or internal business use and only, with respect to restricted areas of the website (as explained below), if you are an approved registered user of LEVEL57art.com. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify or create derivative works of the Materials or website.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
You agree not to:
(a) reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the Site, any artwork displayed on the site, or access to the Site.
(b) attempt to change, add to, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on this Site; and/or
((c) access or use this Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site.
SUBMISSIONS
You may post reviews of products or services, comments, suggestions, or other messages (collectively referred to as “Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. The Sample Store reserves the right (but not the obligation) to monitor, edit and remove any Submission.
DISCLAIMER AND EXCLUSION OF LIABILITY
1. This Site, the Services, the information on this Site and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its contents, including in relation to any inaccuracies or omissions in this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.
3. We do not warrant that this Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Site will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
4. While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
6. Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
7. Although we use reasonable endeavors to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
LINKS TO THIS SITE
You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and these Terms of Use will apply to your use of this Site by linking to it.
INTELLECTUAL PROPERTY RIGHTS
All Artwork, content, information, photographs, illustrations, and other graphic materials, and names, logos and trademarks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works of art, logos, graphics, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed or artwork that is displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
We will not hesitate to take legal action against any unauthorized usage of its copyrighted material to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
CHANGES TO TERMS OF USE
These Terms of Use may be modified from time to time. Any modifications to these Terms of Use will be effective upon posting. You should therefore read these Terms of Use before you place any order. Your continued use of the Site after any modifications to the Terms of Use indicates your acceptance of the modified Terms of Use
Other parties
LEVEL 57 ART has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LEVEL 57 ART’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LEVEL 57 ART officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LEVEL 57 ART.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you shall not use this website.
Unenforceable provisions and waivers
If any provision of these terms and conditions is, or is found to be, invalid, illegal, or unenforceable under applicable law, such provision will be deemed amended to conform to the applicable laws and the remainder of these terms and conditions shall remain in full force and effect. The failure of LEVEL 57 ART to enforce any right against you shall not constitute a waiver of that right.
Indemnity
You agree to fully indemnify and hold harmless LEVEL 57 ART and all of its affiliates and subsidiaries and each of their respective directors, officers, employees, vendors, contractors, customers, and agents (the “Indemnified Parties”) from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and attorneys’ fees and any amounts paid by an Indemnified Party to a third party in settlement of a claim or dispute) incurred or suffered by an Indemnified Party arising out of or relating to any breach (or any claim of a breach) by you of any provision of these terms and conditions or arising out of or relating to your user content, regardless of whether your user content complies with these terms and conditions or not.
Restricted access
Access to certain areas of this website is restricted. LEVEL 57 ART reserves the right to restrict access to certain areas of this website, or indeed this entire website, at LEVEL 57 ART’s sole discretion and at any time and for any reason. In addition, certain areas that are unrestricted today may become restricted in the future, and certain areas that are restricted today may become unrestricted in the future.
To request full access to the website, you may be required to complete a registration form. If LEVEL 57 ART provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you shall ensure that the user ID and password are kept confidential and you will not share such information with any other person or entity. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these terms and conditions.
LEVEL 57 ART may disable your user ID and password in LEVEL 57 ART’s sole discretion without notice or explanation. Transfer of the account by you to any other person or entity is strictly prohibited.
United States only
The website and all Material is provided solely for the purpose of promoting LEVEL 57 ART’s operations in the United States and its territories. LEVEL 57 ART makes no representation that the website or the Material is appropriate or available for use in other locations. If despite these conditions, you use the website or Materials from outside the United States, you are solely responsible for compliance with any applicable local laws.
Entire agreement
These terms and conditions constitute the entire agreement between you and LEVEL 57 ART in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of The State Of Georgia. Notwithstanding the preceding, all disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law.
Contact Info
Any questions regarding these terms and conditions may be directed to: info@level57art.com located at 1616 Huber St. Atlanta Georgia, 30318