Agreement between user and www.art2zombies.com
Welcome to www.art2zombies.com. The www.art2zombies.com website (the "Site") is comprised
of various web pages operated by From Art to Zombies, LLC www.art2zombies.com is offered
to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.art2zombies.com constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.art2zombies.com is a E-commerce Site
From Art to Zombies offers a variety of Halloween props from one-of-a-kind prop heads and
hands to prop weapons and walking sticks. We also offer a variety of artwork and crafts.
Privacy
Your use of www.art2zombies.com is subject to From Art to Zombies, LLC's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting www.art2zombies.com or sending emails to From Art to Zombies, LLC constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
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. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that From Art to Zombies, LLC is
not responsible for third party access to your account that results from theft or misappropriation of
your account. From Art to Zombies, LLC and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
From Art to Zombies, LLC does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.art2zombies.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your order at any time before it ships and you will receive a full refund less service
charges. Please contact us at sales@art2zombies.com with any questions.
Links to third party sites/Third party services
www.art2zombies.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of From Art to Zombies, LLC and From Art to Zombies, LLC is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. From Art to Zombies, LLC is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by From Art to Zombies, LLC of the site or any association with its operators.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.art2zombies.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to From Art to Zombies, LLC that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of From Art to Zombies,
LLC or its suppliers and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
From Art to Zombies, LLC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of From Art to Zombies, LLC and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of From Art to Zombies, LLC or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your From Art to Zombies, LLC account to third party accounts. By
connecting your From Art to Zombies, LLC account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information about you
to others (in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by From Art to Zombies, LLC from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the From Art to
Zombies, LLC Content accessed through www.art2zombies.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless From Art to Zombies, LLC, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. From Art to Zombies, LLC reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with From Art to Zombies, LLC in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FROM ART TO ZOMBIES, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FROM ART TO ZOMBIES, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. FROM ART TO ZOMBIES, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FROM ART TO ZOMBIES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FROM ART TO ZOMBIES, LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
From Art to Zombies, LLC reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Massachusetts and
you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all
disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,
this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and From Art to Zombies, LLC as a result of this agreement or use of the Site. From Art to
Zombies, LLC's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of From Art to Zombies, LLC's right to
comply with governmental, court and law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by From Art to Zombies, LLC with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and From Art to Zombies, LLC with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and From Art to Zombies, LLC with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
From Art to Zombies, LLC reserves the right, in its sole discretion, to change the Terms under
which www.art2zombies.com is offered. The most current version of the Terms will supersede all
previous versions. From Art to Zombies, LLC encourages you to periodically review the Terms to
stay informed of our updates.
Contact Us
From Art to Zombies, LLC welcomes your questions or comments regarding the Terms:
Email Address:
sales@art2zombies.com
Telephone number:
978-265-1683
Effective as of April 01, 2013