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Terms of Use

Terms of Use

Welcome to Pure Sculpture’s website (the “Site”). We hope that you enjoy your experience here and if you have any questions or concerns about our Terms and Conditions of Use (the “Terms”) please be sure to contact us before you use or access the Site. By using the Site you acknowledge your understanding of and agreement to be bound by these Terms as well as our Privacy Policy, which is hereby incorporated into these Terms. 

License to Use This Site

Pure Sculpture grants you a license to access and use the Site subject to your full compliance with these Terms. This license is not exclusive, not transferable and limited to your personal informational use only. Unless you obtain written permission or as otherwise provided by the Terms, you may not modify, change, delete, add, rewrite, create derivative works from, transfer, sell, transmit, post, license, copy, print, display, upload or download, perform, reproduce, publish or in any way exploit the Site or any portion thereof for public or commercial use. Nothing on this Site may be disassembled, decompiled or reverse-engineered in any way, stored in a retrieval system, translated, or retransmitted in any form or medium without specific written permission from Pure Sculpture.

Termination of License

If at any point, Pure Sculpture determines that you have violated any of the Terms, your use of this Site may be terminated, your user account canceled and removed, or Pure Sculpture may exercise any other appropriate remedy available under the law. Such termination shall not give rise to any claim of liability by you or any third party.

User and Account Information

This Site and the pertinent licenses and other rights of use are not available to users under the age of 18. Further, improper use of the Site and failure to abide by these Terms may result in Pure Sculpture revoking your license to use this Site.

If any point during your use of this Site you voluntarily enter information into your Pure Sculpture account including a third party membership or other information required to receive a Partner discount, you represent and warrant that this information is truthful, accurate, current and as complete as reasonably possible. Pure Sculpture reserves the right to terminate your account rights and refuse access to the Site if at any time it is determined in the sole discretion of Pure Sculpture that you have violated any of these Terms.

Changes to the Terms or the Site

This Site and/or these Terms may be modified or changed as we determine necessary and without notice. Pure Sculpture shall have the right in its sole discretion and for any reason, to change, modify, terminate, discontinue, suspend temporarily or permanently any aspect of this Site including but not limited to these Terms. Such actions may affect the content, hours of availability, features or any other aspect or use of the Site without notice to you. When changes are made, they automatically become effective and your continued use of this Site means that you accept these changes. 

Ownership of Intellectual Property

All images, sculptures and text associated with this Site are copyrighted property of Pure Sculpture, LLC, the National Geographic Society, the Photographer and/or the Artist.

Unless otherwise indicated, all material found on this Site, including, but not limited to, all art, images, text, video, audio, HTML, services and other content or material of any nature, belongs to Pure Sculpture or our partners, licensors or artists. This Site is protected by U.S. copyright law, U.S. Trademark law, any other U.S. intellectual property law or protections, international conventions and any other copyright, trademark or other intellectual property laws as they pertain to collective and/or compiled works. All individual art, images, photographs, text, articles, videos and other elements making up the Site are also copyrighted works. Any rights not specifically granted in these Terms are reserved by Pure Sculpture. You agree to abide by any and all copyright notices, information or other restrictions as displayed on this Site.

Submitted Content and Communications

You are welcome to post comments or other content as appropriate. However, when you post, upload, input or provide any information, material, content and/or communications (“Submitted Content”), you grant us a perpetual, irrevocable, universal, non-exclusive, royalty-free license to use any such Submitted Content for any purpose and in any medium now known or hereafter developed. You waive all rights of inspection, editing, approval or ability to receive compensation for any Submitted Content.  Further, you waive all rights you may have in claims against Pure Sculpture for any actual or alleged infringement of proprietary rights, rights of publicity and privacy, moral rights and rights of attribution with regard to Submitted Content. We reserve the right to use Submitted Content in any way and to the fullest extent permitted by law.

You understand that with the exception of those protections outlined in our Privacy Policy, transmissions to and from this Site are not necessarily confidential and that your Submitted Content may be intercepted and read by others. You specifically acknowledge and agree that your Submitted Content does not create a confidential, fiduciary, contractual (implied or actual) or other relationship with Pure Sculpture. We cannot and will not be responsible for any liability arising out of your Submitted Content.

You are fully and completely responsible for any Submitted Content. Pure Sculpture is not responsible for your Submitted Content or that of other users. Submitted Content does not necessarily reflect the views of Pure Sculpture, and the truth, accuracy and/or reliability of any Submitted Content by you or other users will not be guaranteed by Pure Sculpture. Users’ use of Submitted Content is purely at their own risk and discretion.

Links

The Site may include links to third party websites, partners, sponsors or resources, etc. Links to and from the sites of third parties do not constitute an endorsement, guarantee, representation or warranty of any kind by Pure Sculpture, its subsidiaries, partners or affiliates. Pure Sculpture has no authority over these third party websites and cannot control the appropriateness, accuracy, truthfulness or legality of the content on such sites. If you choose to click on a third party link on Pure Sculpture’s Site, you do so at your own risk and you agree that Pure Sculpture will not be held liable for any results of your choice to avail yourself of said links.

In the event any third party wishes to link to this Site, permission first must be obtained from Pure Sculpture. To seek such permission, please contact us or write to us at the address listed in the Notices section below. We reserve the right to, in our sole discretion, deny any requests to link and also to require termination of any unauthorized links to this Site.

Prohibited Uses

This Site may not be used for:

•   Posting incomplete or inaccurate information about yourself or others;

•   Disrespectful behavior regarding the privacy or opinions of others;

•   Pursuing any unlawful activity or purpose;

•   Defrauding anyone, including but not limited to impersonating another person;

•   Transmitting “junk mail,” “spam,” “chain letters,” or any other unsolicited or unwanted communications;

 

You may not engage in any other behaviors that might result in the interference or interruption of Site access or services including, but not limited to, spamming, hacking, uploading computer viruses, worms or time bombs. Further, you may not use any manual or automatic device including, but not limited to, robots or spiders to copy any content from this Site without specific permission. You may not engage in any activity or action that would create an unreasonable or harmful load on the Site’s infrastructure.

Finally, you may not engage in any illegal activity or activity that might give rise to allegations of illegal behavior or violation of any city, state, national or international regulations, laws or policies. Such behavior might include, but is in no way limited to, posting infringing material copyrighted or otherwise owned by a third party or revealing trade secrets; violating international protocols regarding internet activities; transmitting information that violates any embargos or export control laws; or committing any act of fraud or theft including but not limited to accessing data to which you do not have permission to access or are not intended to access.

Purchases Made on the Site

Pure Sculpture does its best to ensure that all artwork listed on the Site for sale is currently available and correctly priced. On occasion, system glitches may occur which could result in items shown as available for sale actually being unavailable or showing the incorrect pricing. If the work you desire to purchase turns out to be unavailable, Pure Sculpture will attempt to contact you as soon as possible via any contact information you have entered into your account and try to determine if there is a comparable work that will be an acceptable substitute. In the event that an item is listed with a price that is below the actual price, Pure Sculpture reserves the right to void the sale and will attempt to contact you immediately via any contact information you have entered into your account to offer you the same item at the correct price. In the event that an item is listed with a price that is above the actual price and you are in fact charged the incorrect, higher amount, upon determining that this is the case, Pure Sculpture will refund the difference between the incorrect, higher price and the true price of the artwork. As Pure Sculpture does not retain credit card data, we will contact you via the contact information in your account, to obtain your credit card information for a refund. This refund shall be processed as soon as is reasonably possible, although times for processing may vary depending on the payment method used upon purchase. In no instance will Pure Sculpture be held liable for any claims or damages arising out the unavailability of an item or inaccurate information accidentally or inadvertently listed on the Site. Further, Pure Sculpture will not be held liable for any claims or damages arising out of system glitches that occur as a result of service interruptions or other technical matters that are out of Pure Sculpture’s control.

Credit Cards

We charge your credit card upon receipt of your order. If the expected shipment date is later than 90 days from the order date, we will contact you to issue an immediate credit to your card (we do not keep credit cards on file so we are unable to generate the credit without contacting you).  For orders expected to ship within 90 days from receipt of your order, your funds will be considered a deposit until your sculpture is shipped. You may contact us anytime prior to shipping to request a full return of your deposit.  After shipping refunds are subject to our return policy.

Indemnification

You hereby agree to defend, indemnify and hold harmless Pure Sculpture and its officers, directors, shareholders, employees and agents against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind known, unknown, liquidated or unliquidated, including without limitation all reasonable costs, fees and expenses incurred (legal, accounting or otherwise) arising out of, resulting from or based upon any claim by any third party arising out of, resulting from or based upon your actions or instructions.

Disclaimer of Warranties

Pure Sculpture does not warrant, guarantee or endorse the accuracy or truth of any statements, advice, opinion, information, or material otherwise obtained through the use of this Site. The use of any such material is at your sole risk and you will be solely responsible for any damages that result from reliance thereon.

THIS SITE AND ANY SERVICES OFFERED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO CONTENT, SOFTWARE, MATERIALS AND INFORMATION, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

PURE SCULPTURE DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE SITE OR THE FUNCTION, CONTENT, MATERIALS, PRODUCTS, LINKS OR SERVICES MADE AVAILABLE THROUGH THE SITE, NOR THAT THE SAME WILL BE PROVIDED IN A TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE MANNER.