ELECTRONIC COMMUNICATIONS
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
USE OF SERVICES
You agree not to use this site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although MBELLART.com does not regularly review content you submit to this site, MBELLART.com reserves the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that MBELLART.com finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold MBELLART.com harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that GALLERIA RED and MBELLART.com deems appropriate, in its sole and exclusive discretion, consistent with MBELLART.com's Privacy Policy.
AUTHENTICITY OF ARTWORK
Certificates of Authenticity, where applicable and available, will accompany the artwork at time of shipping. All sales are final. There are also no refunds for commissioned artwork or murals. Commissions and murals require a 50% non-refundable deposit on the total price of the artwork in order for the artist to begin.
COPYRIGHT
All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Michael Bell of MBELLART.com and is protected by United States and international copyright laws. The arrangement and compilation of all content on this site are the exclusive property of MBELLART.com and are protected by U.S. and international copyright laws.
INTELLECTUAL PROPERTY
Purchasing of artwork does not constitute a transfer of intellectual property rights. You agree not to distort, mutilate, make prints, or otherwise alter the artwork. The artist retains all rights to the reproduction of the artwork. Items listed on the website should not be used for any publication without the written consent of the artist, Michael Bell.
LIMITED PRODUCT WARRANTY & DISCLAIMER OF WARRANTIES
Any and all liability of GALLERIA RED and MBELLART.com is explicitly limited to the price you have paid for the product. Your sole remedy against MBELLART.com in any dispute shall be to seek recovery of the amount you have paid, upon the payment of which MBELLART.com shall be discharged of all further obligations and liability to you. Michael Bell, GALLERIA RED and MBELLART.com is not liable for any legal consultation and other associated fees. MBELLART.com is not liable for possible alteration or damages due to the action of time, or artwork containing natural materials, insects, and pigments.
TRADEMARKS
Certain marks used on our site are registered trademarks or service marks of MBELLART.com or its affiliates, in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of MBELLART.com or its affiliates. MBELLART.com's trademarks and trade dress may not be used for any commercial or other purposes by any party other than MBELLART.com or its affiliates without the prior written consent of Michael Bell of MBELLART.com. All other trademarks and service marks not owned by MBELLART.com or its affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Michael Bell of MBELLART.com.
LICENSE AND SITE ACCESS
MBELLART.com grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of MBELLART.com; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without the prior written consent of Michael Bell of MBELLART.com. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of MBELLART.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MBELLART.com or our affiliates without MBELLART.com's prior written consent. You may not use any meta tags or any other "hidden text" utilizing MBELLART.com's name or trademarks without the prior written consent of MBELLART.com. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by MBELLART.com.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MBELLART.com in collaboration with GALLERIA RED and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you place your order online, you are provided with the price of the merchandise as well as any applicable service charges. In addition to these costs, sales tax will be charged where applicable. Immediately following receipt of your order, you will be sent an order confirmation via e-mail. This e-mail will include an itemized listing of the charges and total cost. All sales are final.
COMMENTS, COMMUNICATIONS, & OTHER CONTENT
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to info@mbellart.com.
RISK OF LOSS
All products purchased from MBELLART.com are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
SHIPPING, SALES TAX & ORDERING INFO
We collect a 5% sales tax for orders shipped to Maryland addresses. We may request confirmation from the customer, delay the order pending verification or in rare cases refuse any order based on inability to verify legitimacy of the order. Our order confirmation and validation process may include the verification of credit card information, physical address, shipping information or billing information. Please be sure to enter Full Names (using initials or aliases will only delay your order). Please be sure to use a working valid e-mail address when placing an order. Please also be sure to provide us with a correct phone number, in case we need to reach you in regards to your order. Please help us by double checking and carefully reviewing your order, correct address and payment information before submitting your order. Please note that all sales are final.
PRODUCT DESCRIPTIONS
MBELLART.com attempts to describe the products offered on the site as accurately as possible. However, MBELLART.com does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MBELLART.com and GALLERIA RED WARRANTS THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, MBELLART.com and GALLERIA RED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS TO SEEK A RETURN FOR REFUND OR CONFORMING REPLACEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MBELLART.com and GALLERIA RED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. MBELLART.com and GALLERIA RED DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MBELLART.com and GALLERIA RED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MBELLART.com and GALLERIA RED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to MBELLART.com and GALLERIA RED. We reserve the right to make changes to our site, policies, and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, you should review those policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
SUBJECT TO CHANGE WITHOUT NOTICE
"If there is a bedrock principle of the first amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." - Justice William J. Brennan, 1906-1977 U.S. Supreme Court Justice, Source, Texas vs. Johnson, 1989. "A copyright is an intangible right given to the author, artist, and/or originator of certain literary or artistic productions. Any references made to scenes requested and painted as a tribute to actors and fans of movies are intended to be depicted in Michael Bell's own original artistic style. It is not possible to copyright an idea. One does not need to place a "C" © on the work to have the work protected against copyright infringement. If somebody created it, somebody owns it." - West's Business and Personal Law, Donald L. Carper, Roger LeRoy Miller, Donna Parker Murray, West Publishing Co., New York, NY, 1994. pp. 691-692.
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