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The official OneWest Publishing online store is now open.
We are offering one of a kind prints and images.
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TERMS OF USE |
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OneWest Publishing Terms of Use Statement
AS OF NOVEMBER 29, 2004
Please read these terms and conditions carefully before using the myracleworks.com website (the "Site"). This Site is fully controlled and operated by OneWest Publishing, Inc., ("We", "Us" or the "Owner"), designed, whose offices are located in Beverly Hills. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of the Site, hereunder established (the "Agreement"). Please note that this Site and the Services (as defined hereinbelow) offered are only open to users 18 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site - use something like Disney.com.
All IP addresses of all users visiting the Site are recorded and maintained for security and tracking purposes. By accessing and downloading this website, you hereby consent to the terms and conditions established in the Privacy Policy. Furthermore, by accessing and downloading this website, you hereby consent to abide by all applicable United States and World Intellectual Property Oranization laws, and any and all applicable international laws as applicable by treaty.
We reserve the right, at the Site's discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site design layouts, logos, filmed media, streamed media, mp3 or other compressed audio, downloadable documents, text, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements now and/or hereafter devised, and the selection and arrangements thereof (the "Material") are the property of the Owner (except where otherwise explicitly attributed) and are protected, without limitation, pursuant to U.S. and foreign copyright and other applicable laws. All photographs, except where otherwise explicitly attributed, are a registered copyright of the Owner. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain and comply with all copyright and other notices contained in such Material. You agree not to reproduce, alter, modify, create derivative works from, display, perform, publish, distribute, disseminate (including but not limited to posting of the Material to a website without written permission from the Owner), broadcast, deface, or circulate any (or any part thereof) Material to any third party (including, without limitation, the display and distribution of the Material via a third party website or other distribution means) without the expressed, written consent of the Owner. Any use of the Owner's Material is only permitted with its expressed written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use will subject the you to civil liability and criminal prosecution under applicable California state laws, U.S. federal laws, and provisions of the World Intellectual Property Organization. Any unauthorized usage, reproduction or misuse outlined herein can and will be traced using known standard and alternative electronically and socially engineered tracking methods. You may further inquire of intellectual property at http://www.loc.gov/copyright.
SHOPPING
All of our products are guaranteed against defects for 30 days from the date of the invoice. In the event that a product you purchase from us is defective during such 30 day period, please contact us via cmurphy@onewestpublishing.com. Execpt as expressly stated herein, we expressly disclaim all warranties, expressed or implied, of any kind with respect to products sold on the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that our sole and exclusive maximum liability arising from any product sold on the Site shall be the price of the product ordered. In no event shall the Owner, its valid associates, or valid representatives of the Owner be liable for special, indirect, consequential, or punitive damages related to the product sold. By using this site, you hereby indemnify, defend, and hold harmless the Owner, its valid associates, or valid representatives from damages related to, but not limited to, the purchasing, receipt, quality, and overall experience in connection with any product purchased and received from the Site. You further warrant that you indemnify the Owner against any court proceedings and, if applicable, will assume any legal fees charged in connection with any matter related to the purchasing of a product from the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall, at our sole discretion, reserve the right to provide the product without charge if desired. We shall, at our sole discretion, reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other from of confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance unit. We may require additional verifications or information before accepting any order.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York, Nebraska, and California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
We shall automatically charge for the applicable shipping fee for every package shipped to anywhere in the world; the purchaser shall bear the cost of such charge.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ONIT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Owner is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER, ITS AFFILIATES AND TEHIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROMEH USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE OWNER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall the Owner's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any for accessing the Site.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by the Owner, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and the Owner does not verify, endorse, or take responsibility for the accuracy, currency completeness or quality of the content contained in these sites. Furthermore, the Owner is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither the Owner, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or postings from you, be advised that in no event shall the Owner assume or have any responsibility or liability for the manner in which the Information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, the Owner will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, the Owner, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
COPYRIGHT AND CLEARANCES
All images are a copyright or registered copyright of the Owner, except where specifically attributed. Any requests for use or reuse of images must be made through the Owner via the address referenced hereinbelow or via e-mail at cmurphy@onewestpublishing.com. Any infringement of such copyright shall be subject to lawsuit under U.S. and/or international copyright law, where applicable.
This site, onewestpublising.com, is a copyright of OneWest Publishing, Inc,; All rights, now known or hereafter devised, in all media, universal, in perpetuity, are expressly reserved.
This agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California, County of Los Angeles. This site is intended for the residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supercedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California, County of Los Angeles.
Any unauthorized engineering, reverse-engineering, IP logging or other unauthorized activity identified as, and in connection with, this website (including, but not limited to, investigations therein) are subject to civil and criminal procedure, as allowed under state and federal law. |
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