Terms of Use, Art Sale Terms, and Conditions

WEBSITE TERMS OF USE AND ART SALE TERMS AND CONDITIONS

The Maine College of Art & Design (“MECA&D” or “we” or “us” or “our”) provides the website www.shop.meca.edu (the “Site”) for viewing and purchasing artwork, subject to your compliance with these Website Terms of Use and Art Sale Terms and Conditions (“Terms”). These Terms apply to both visitors to the Site and individuals who purchase art through the Site. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. These Terms constitute an agreement between MECA&D and you. We recommend that you print out a copy of these Terms for your records.

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not agree to these Terms or if you are not legally competent to agree to them, then you may not use the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION ON THIS SITE. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

These Terms are subject to change by MECA&D without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before using the Site or purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

When you purchase artwork through the Site, you are purchasing the work from the individual identified on the listing for such work and not from MECA&D. Prices will be as specified on the applicable listing.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the works of art to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with details about your purchase. Acceptance of your order and the formation of the contract of sale will not take place unless and until you have received your order confirmation email. 
2. Prices, Payment Terms, and Product Details. 
   1. All prices posted on this Site are subject to change without notice. Posted prices do not include charges for shipping and handling, which, if any, will be determined after the purchase. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
   2. Terms of payment are within our sole discretion and, unless expressly stated otherwise, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
   3. All descriptions, images, references, features, content, specifications, and prices of artwork described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any artwork on the Site does not imply or warrant that the artwork will be available for purchase. You understand and agree that MECA&D uses commercially reasonable efforts to display the colors and features of artwork accurately on the Site. However, because individual computer monitors may display colors and features differently, MECA&D is not responsible for the color accuracy or the accuracy of any description of any artwork displayed on the Site, and MECA&D disclaims all liability in this regard.
3. Shipments; Delivery; Title and Risk of Loss. 
   1. If elected by you, we will arrange for shipment of the artwork to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process, if any.
   2. Risk of loss pass to you upon the carrier’s delivery at your address. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.  Title for the artwork shall pass to purchaser upon full payment of the purchase price and receipt of all other fees due. 
   3. The artwork featured on our Site is protected by copyright and other laws of the United States and foreign countries. While the purchaser of artwork may obtain title to the piece of artwork, the copyright and other intellectual property rights will remain with the artist. Notwithstanding anything herein contained to the contrary, the artists reserve their full rights under copyright law to the artwork, including without limitation, the exclusive right to, in whole or in part, reproduce, duplicate, publish or license the use of such artwork as permitted by law.  Any commercial use or reproduction of the artwork in any medium now known or hereafter invented requires the prior written consent of the artist, which consent may be granted or denied in the artist’s sole discretion.  
4. Returns. All sales are final. There are no returns or refunds. 
5. Limited Use License.  These Terms permit you to use the Site for viewing and purchasing artwork. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted, are reserved by us. We reserve the right, in its sole discretion, to suspend, limit and/or terminate your access to or use of the Site at any time without notice. Such suspension, limitation or termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

(a) Except as expressly permitted in these Terms, you shall not (i) copy any image, text or other information from the Site; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of any Site; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Site or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Site or Third Party Materials (as defined below), including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Site, or any features, content or functionality of any Site, to any third party for any reason; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site; (vii) use contact information provided on the Site for unauthorized purposes, including marketing; (viii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (ix) make any unauthorized commercial use of any of the Site or their content, including making any collection or use of any product listings, descriptions, prices, or images; (x) conduct fraudulent activities on any Site (including, but not limited to, misrepresenting the identity of a user, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with any Site); (xi) use any Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; or (xii) interrupt or attempt to interrupt the operation of the Site in any way (as determined by us in our sole discretion) (collectively, (i)-(xii) the “License Restrictions”).

(b) You acknowledge and agree that the Site and its content are provided under the limited license granted in this Section 5 and are not sold to you. You do not acquire any ownership interest in the Site and any portion thereof (including, but not limited to, its content) under these Terms, or any other rights thereto other than your right to make limited use the Site and any portion thereof (including, but not limited to, its content) in accordance with these Terms.

(c) Trademarks, names, logos, product and service names, designs and slogans on the Site are trademarks of MECA&D, its affiliates, licensors, service providers, or other third parties. Nothing herein or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. The Site and all of their content, including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries. MECA&D, its affiliates, licensors, and service providers (as applicable) reserve, and shall retain, their entire right, title, and interest in and to the Sites, including, but not limited to, all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

6. Third Party Materials.  The Site may display, include, or make available, through links or otherwise, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party website or services (such as social media), including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Your use of and interactions with Third Party Materials is not governed by these Terms, but by the terms of use of the applicable Third Party Materials. THIRD PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK.
7. Materials Submitted By You.  You acknowledge that you are responsible for any material you may submit via the Site (including any Third Party Materials and/or components of the Site administered by third parties, such as tools that allow you to interact with the Site through social media), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the License Restrictions and other provisions contained in these Terms, you may not upload to, distribute or otherwise publish through the Site any content that (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, unauthorized political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload unauthorized commercial content onto the Site.

(a) If you do submit material, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media and for any purpose, including marketing. You further agree that we are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us via the Site, Third Party Materials, or any other form of communication. You grant us the right to use the name and other identifiable information you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; and that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity.

8.         LIMITED WARRANTY AND LIMITATION OF LIABILITY. 

(a) ALL WARRANTIES, STATUTORY OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY MECA&D AND THE ARTISTS WHO SELL ARTWORK ON THE SITE.

(b)  DISCLAIMER OF ALL OTHER WARRANTIES

YOUR USE OF THE SITE AND ANY PART THEREOF IS AT YOUR SOLE RISK. THE SITE AND ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. MECA&D, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MECA&D (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) OR THROUGH OR FROM THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) SHALL CREATE ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MECA&D (INCLUDING ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK, WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(c)  LIMITATION OF LIABILITY. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MECA&D, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, ARTISTS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PRODUCTS, SERVICES, SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE, LINKS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, FORPERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSD BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF MECA&D WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MECA&D WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MECA&D. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MECA&D UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

9.         Dispute Resolution and Binding Arbitration.  

1. YOU AND MECA&D ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

1. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this 9. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

1.  You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase, or as we may decide in our sole discretion. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
2.  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MECA&D WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

10.       Indemnification.  You agree to defend, indemnify and hold harmless MECA&D, its affiliates, licensors, the artists selling work on the Site, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your use or misuse of the products or Site, (c) the content you supply, both solicited and unsolicited, and/or (d) your violation of any terms of use or similar terms offered by the owners or operators of any Third Party Materials.

Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims. We reserve the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, our prior written consent.

11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maine.