PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF our services TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING ANY KIND OF SERVICE AT: https://rtv808.com , YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE our services.https://
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modifications to these Terms
Henry Stag Arts reserves the right, at its sole discretion, to modify, discontinue or terminate any content or services or to modify these Terms, at any time and without prior notice. By continuing to access or use of our services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease use our services .
We encourage you to check back regularly to review these Terms.
Modifications to our services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, our services without notice to you. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), RTV 808 Content (as defined below) or Member Content (as defined below) from our services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally, there may be information on our services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on our services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in our services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to our services should be taken to indicate that all information on our services has been modified or updated.
Eligibility
our services are intended solely for persons who are 18 or older. Any access to or use of our services by anyone under 18 is expressly prohibited. By accessing or using our services you represent and warrant that you are 18 or older.
Registration
In order to purchase through our services, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a "Registered User." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. RTV 808 reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify RTV 808 of any unauthorized use of your Account.
PURCHASER TERMS & CONDITIONS
Purchases of Original Works of Art
As a registered User, you may purchase Original Works of Art that are listed in the Gallery /808. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. RTV 808 and/or its third party service providers will collect your billing and shipping information and process your payment. RTV 808 will ship the purchased work directly to you. The terms and conditions of Henry Stag Publishing's then-current Return Policy apply to any Original Works of Art that you purchase through our services. When you purchase Original Works of Art via Online Sales (other than via our services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Printed Works
As a registered User, you may purchase Printed Works that are listed on our services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through our services, RTV 808 and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of RTV 808 then-current Return Policy apply to any Printed Works that you purchase through our services. When you purchase Printed Works via Online Sales (other than via our services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.
Order Cancellations
RTV 808 reserves the right to cancel any order for an Original Work of Art or Printed Work placed via our services if RTV 808 determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via our services. If RTV 808 cancels an order placed via our services, RTV 808 will send you an email confirmation of such cancellation and you will not be charged for your order.
Taxes
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on our services, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that RTV 808 will withhold the Taxes required to be withheld from the payments RTV 808 makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.
Color
You understand and agree that RTV 808 uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via our services. However, because individual computer monitors may display colors differently, Henry Stag Arts is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on our services, and disclaims all liability in this regard.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our services ("Feedback"). You may submit Feedback by emailing us at https://rtv808.com/808/content/contact/
You acknowledge and agree that all Feedback will be the sole and exclusive property of RTV 808 and you hereby irrevocably assign to RTV 808 and agree to irrevocably assign to RTV 808 all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Henry Stag Publishing's request and expense, you will execute documents and take such further acts as RTV 808 may reasonably request to assist RTV 808 to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
RTV 808 Content
RTV 808 may also make available through our services text, graphics, audio, video and images of works of art (collectively, "RTV 808 Content"), some of which is owned by RTV 808 ("Henry Stag Publishing-owned Content"), and some of which is made available under license by a third party ("Henry Stag Publishing-licensed Content"). No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RTV 808 or its licensors, except for the licenses and rights expressly granted in these Terms.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
RTV 808 may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through our services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through our services, as they may contain additional important information about Henry Stag Publishing's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Ownership
our services and RTV 808 Content are protected by copyright, trademark and other laws. Except as expressly provided in these Terms, RTV 808 and its licensors exclusively own all right, title and interest in and to our services and RTV 808 Content and Printed Works, including all associated intellectual property rights.
Copyright Policy
RTV 808 respects copyright law and expects its users to do the same.
Our services may contain links to third-party websites or resources. You acknowledge and agree that RTV 808 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RTV 808 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
RTV 808 have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. RTV 808 reserves the right to revoke your access to and use of our services, RTV 808 Content and a "Registered User" Content at any time, with or without cause. In the event RTV 808 terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to
https://rtv808.com/808/content/contact/
Payments
If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via our services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through our services. Verification of information may be required prior to acceptance of any order through our services.
Changes
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of our services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
Disclaimers
OUR SERVICES, RTV 808 CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RTV 808 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RTV 808 MAKES NO WARRANTY THAT THE SITE, SERVICES, HENRY STAG ARTS CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RTV 808 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RTV 808 OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN OUR SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN OUR SERVICES.
Indemnity
You agree to defend, indemnify, and hold Henry Stag Publishing, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services, RTV 808 Content or Member Content, or your violation of these Terms.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of RTV 808 used herein are trademarks or registered trademarks of RTV 808 or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law
These Terms and any action related thereto will be governed by the German laws without regard to its conflict of laws provisions.
Waiver of Class Action Rights and Dispute Resolution
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE INDIVIDUALLY ASSERTED.
WE BOTH AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE EACH ARE GIVING UP ANY RIGHT THAT WE EACH MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THESE TERMS.
Limitations on Actions
Any action concerning any dispute with respect to our services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Users from Other Jurisdictions
our services are controlled and operated by RTV 808 from Germany. We do not represent or warrant that our services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access our services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of our services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of our services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between RTV 808 and you regarding our services and these Terms supersede and replace any and all prior oral or written understandings or agreements between RTV 808 and you regarding our services.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Henry Stag Publishing's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. RTV 808 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RTV 808 via email (in each case to the address that you provide) or (ii) by posting to our services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of RTV 808 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Henry Stag Publishing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Henry Stag Publishing
If you have any questions about these Terms, please contact RTV 808 at
https://rtv808.com/808/content/contact/