Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION.

By using allcityartists.com (the “Website”), you are agreeing to follow and be bound by these terms of use as well as our Privacy Policy. If you do not agree to these terms of use, please do not use the Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes. These terms should not be construed as Terms of Sale and do not apply to or extend to your purchase or use of our products.

Restrictions on Use of Materials

The Website is owned and operated by All City Artists Unless otherwise noted, all materials on this website, including text, images, illustrations, designs, icons, photographs, music, sounds, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials are owned, controlled or licensed by All City Artists.  Except as otherwise permitted by these Terms and Conditions of Use, no material from the Website may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except to place an order to purchase product from allcityartists.com, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of allcotyartists.com. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

Use of Services

Impersonation of others, including an All City Artists employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not use the Website to solicit others for any other commercial online service or other organization.

Furthermore, you may not without the prior written permission of All City Artists, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found or accessed on this Website. You may not engage in the mass downloading of files from the Website; use the computer processing power of the Website for purposes other than those permitted above; or flood the Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to allcityartists.com without the prior written consent of All City Artists.

User-Generated Content and Submissions

Certain pages on the Website may allow you to post text, photographs, videos, audio, remarks, suggestions, ideas, feedback, graphics or other submissions and content (“Content”). Unless otherwise specified, you may only post Content to the Website if you are a resident of the United States and are eighteen (18) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Website. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to All City Artists You may not post or distribute Content that is illegal or that violates these Terms and Conditions of Use. By posting or distributing Content to the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Website and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Website, or via email, postal mail, or otherwise, you grant All City Artists a perpetual, irrevocable, transferable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Content as well as your name, Facebook, Instagram, Pinterest or Twitter handle, ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels and mediums, alone or as part of other works, without further notice or compensation. Once you submit or post Content to the Website, All City Artists does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. All City Artists owns all right, title, and interest in any compilation, collective work, or other derivative work created by All City Artists using or incorporating Content posted to the Website.

You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

Furthermore, All City Artists is not responsible for, and does not endorse, Content in any posting made by any user on the Website. We do not and will not monitor or control user-generated Content and take no responsibility for such content. All Content will be treated as non-confidential and non-proprietary. Under no circumstances shall All City Artists be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by you or a third party on the Website. If you become aware of misuse of the Website by any person, please contact All City Artists by contacting us immediately via the email on the “Contact Us” hyperlink. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Intellectual Property

All content included on the Website, such as text, graphics, code, logos, button icons, images, audio clips, and software, and the compilation of such content is the exclusive property of All City Artists or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Website is strictly prohibited. All City Artists is a registered trademark of All City Artists, Inc. All other product names contained in the Website are copyrights or registered trademarks of their respective owners. The use or misuse of these trademarks or copyrighted material, except as expressly authorized, is prohibited. All City Artists enforces its intellectual property rights to the fullest extent of the law.

Copyright Infringement Policy

We respect the intellectual property rights of others and expect others to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from the Website. We may remove or disable access to content without prior notice.

Copyright Infringement Notification

In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to All City Artists’s Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).

To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):

Notice of Copyright Infringement (Notice)

• Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
• Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
• Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

info@allcityartists.com

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.

Warranty Disclaimer

The Website, the materials, and products are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, All City Artists disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. All City Artists does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. All City Artists does not warrant or make any representations regarding the use or the results of the use of the materials in the Website in terms of their correctness, accuracy, reliability or otherwise. You, and not allcityartists.com, assume the entire cost of all necessary servicing, repair, or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall All City Artists be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Website or the performance of the Website, even if All City Artists or authorized representatives of All City Artists have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall All City Artists´s total liability to you for damages, losses, and causes of action (whether in contract, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Website.

Indemnification

As a condition of use of the Website, you agree to indemnify, defend, and hold harmless All City Artists, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of the Website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account

Site Transactions

All orders placed through the Website are subject to All City Artist’s acceptance. We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household, per credit card or per order without liability to you or anyone else. This may include orders placed by or under the same customer account, the same credit card, the same device and/or orders that use the same billing and/or shipping address. We may limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address, or telephone number you provided when the order was placed. We may refuse to accept, place, or cancel orders if evidence of potential fraud or misconduct exists, as determined in our sole discretion.

Product Display and Information

We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture, or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color, or availability. In the event that a product sold is mistakenly listed at an incorrect price, allcityartists.com reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, All City Artists shall issue a credit to your payment method account.

Prices, discounts, and promotions may vary by shipping destination. We may change pricing, discounts, and promotions at any time.

Links to Other Websites

This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience.

Other

In the event of any claim, action, or dispute related to or arising out of any allcityartists.com transaction, your use of this website, or the breach, interpretation or validity of the Terms and Conditions of Use, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to All City Artists, notice will be sent to Rundle Law Firm, Attn: Justin Rundle, Esq, 3332 Virginia Street, 2nd Floor, Miami, FL 33133. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and All City Artists agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms and Conditions of Use will be resolved, governed, construed, and administered according to the laws of the State of Florida and any applicable federal law.  No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of Florida or any other jurisdiction) that would cause the application of the law of any jurisdiction other than Florida.  You agree that venue for any suit, action, or proceeding – whether in contract, tort, or otherwise – arising out of this Agreement shall be a state or federal court located in Miami-Dade County, Florida.  You further agree to waive any right to challenge venue on the grounds of improper venue, forum non-conveniens, or any other basis on which venue may be challenged.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforce ability of any remaining provisions. All City Artists´s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.