1. YOUR AGREEMENT TO THE TERMS
Welcome to the website provided by Giddens Gallery. By using one of Giddens Gallery Websites, you accept this Agreement and certify that you are above the age of minority in your jurisdiction. Additional terms and conditions apply to some services offered and may be found at the place where the relevant service is offered. YOUR ACCESS TO OR USE OF ANY THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS) SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
2. CHANGE TO THE TERMS OF THIS AGREEMENT
We may change the terms of this Agreement from time to time. By continuing to use the Giddens Gallery Sites after we post any such changes, you accept the Agreement, as modified.
3. USE OF THE GIDDENS GALLERY SITES
You certify that the information you provide on the Giddens Gallery Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Giddens Gallery immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Giddens Gallery Sites, or any portion of the Giddens Gallery Sites, at any time without notice.
Giddens Gallery has no liability to you for content on the Giddens Gallery Sites that you find offensive, indecent, or objectionable.
You are prohibited from:
Violating or attempting to violate the security of the Giddens Gallery Sites;
Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Giddens Gallery; o
Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Giddens Gallery or other third party web browsers) to navigate or search the Giddens Gallery Sites.
4. COMMENTS SUBMISSION
Giddens Gallery allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Giddens Gallery Sites (“Comments”). Comments should be written in English.
By submitting Comments, you warrant that (1) you are the sole author and owner of the Comments; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Comments you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. License Grant for Submitted Comments
If you make any submission to the Giddens Gallery Sites, you automatically grant, or warrant that the owner of such content has expressly granted Giddens Gallery, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Giddens Gallery may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. Giddens Gallery is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. You grant Giddens Gallery the right to use the name that you submit in connection with any Comments.
B. Prohibited Comments
You represent and warrant that you will not submit the following Comments:
a) Comments that are false, inaccurate, or misleading;
b) Comments that contains your full name(s), or any other confidential identifiable information of yourself or others;
c) Comments that violates any local, state, federal, or international laws;
d) Comments that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e) Comments that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Giddens Gallery in its sole discretion;
f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Giddens Gallery;
g) Chain letters or pyramid schemes;
h) Comments that impersonates another business, person or entity, including Walmart, its related entities, employees and agents;
i) Comments that contains viruses or other harmful computer code;
j) Comments that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k) Comments that you were compensated or granted any compensation by any third party unless otherwise authorized by Walmart in writing; or
l) Comments that violates any policy posted on the Giddens Gallery, or interferes with the use of the Giddens Gallery Sites by others.
Although Giddens Gallery cannot monitor all Comments, you understand that Giddens Gallery shall have the right, but not the obligation, to monitor the Comments of the Giddens Gallery Sites to determine compliance with this Agreement and any other operating rules that may be established by Giddens Gallery from time to time. Giddens Gallery shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Comments submitted, to or posted on, the Giddens Gallery Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Comments you submit and you agree to indemnify Giddens Gallery and its affiliates for all claims resulting from any Comments you submit.
5. THIRD PARTY SITES
References on Giddens Gallery Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Giddens Gallery is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Giddens Gallery Site is at your own risk and will be governed by such third party’s terms and policies.
6. ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Giddens Gallery may request a pre-authorization for some orders placed with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) at the time your order is placed.
We accept the following forms of payment:
Giddens Gallery reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Giddens Gallery also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Giddens Gallery for the purpose of engaging in a commercial sale of that same product(s) with a third party.
7. Return Policy
All sale are final and no refund will be issued. Please contact Giddens Gallery if you have an issue with the description or condition of your purchase.
8. PRICING INFORMATION
Giddens Gallery cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Giddens Gallery Sites. Giddens Gallery reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Giddens Gallery. Giddens Gallery may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Giddens Gallery Sites or from prices available in Giddens Gallery store. Pricing and availability remain subject to confirmation at checkout.
9. INFORMATION PROVIDED ON THE GIDDENS GALLERY SITES
Giddens Gallery post a variety of material on the Giddens Gallery Sites including without limitation, merchandise information, product descriptions, reviews, comments, and In Store Now information (collectively, “Materials”). The Materials that appear on the Giddens Gallery Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Giddens Gallery Sites, you should confirm any facts that are important to your decision. Giddens Gallery and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Giddens Gallery Sites. Giddens Gallery is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Giddens Gallery Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described please contact us for options available to you.
GIDDENS GALLERY, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE GIDDENS GALLERY SITES.
10. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Giddens Gallery, one of its affiliates or by third parties who have licensed their materials to Giddens Gallery and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Giddens Gallery Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Giddens Gallery Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Giddens Gallery Sites or any related software. All software used on the Giddens Gallery Sites is the property of Giddens Gallery or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Giddens Gallery Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Giddens Gallery Sites is the exclusive property of Giddens Gallery and is also protected by U.S. and international copyright laws.
Giddens Gallery, the GiddensGallery.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Giddens Gallery Sites are trademarks or trade dress of Giddens Gallery in the U.S. and other countries. All other marks are the property of their respective companies.
We have made significant efforts to accurately display the colors of products that appear on the Giddens Gallery Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
You agree to defend, indemnify, and hold harmless Giddens Gallery and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Giddens Gallery Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Giddens Gallery. You may terminate this Agreement at any time, provided that you discontinue any further use of the Giddens Gallery Sites. Giddens Gallery also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Giddens Gallery Sites, if in Giddens Gallery’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Giddens Gallery, you must promptly destroy all materials downloaded or otherwise obtained from the Giddens Gallery Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Giddens Gallery Sites,” “Comments Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Giddens Gallery Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
THIS SITE IS PROVIDED BY GIDDENS GALLERY ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIDDENS GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GIDDENS GALLERY SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GIDDENS GALLERY SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIDDENS GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WALMART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE GIDDENS GALLERY SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE GIDDENS GALLERY SITES, THAT YOUR USE OF THE GIDDENS GALLERY SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GIDDENS GALLERY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GIDDENS GALLERY SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GIDDENS GALLERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE GIDDENS GALLERY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE GIDDENS GALLERY SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Giddens Gallery to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Giddens Gallery’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Giddens Gallery Sites must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
17. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Giddens Gallery Sites in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
18. DISPUTE RESOLUTION
Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute.
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and we agree that any dispute, controversy or claim arising out of your use of this website or its content (“Claims”) which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. You and we each agree that each of us is waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations shall be conducted on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to you will be sent to the email or physical address you have provided. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its website at www.adr.org. The arbitration of any Claim shall be conducted in the State of Texas. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
19. Entire Agreement
In order to resolve a complaint regarding Giddens Gallery Sites or to receive further information regarding use of Sites, please contact us at:
Giddens Gallery of Fine Art
624 S Main St.
Grapevine, TX 76051