If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service.
MAMMOTH is providing Member with access to buy and sell artwork. Each Member must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
Disclaimer of Warranties.
The Site is provided by MAMMOTH on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MAMMOTH makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. MAMMOTH shall have no liability for any interruptions in the use of the Site. MAMMOTH disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
Limitation of Liability.
MAMMOTH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MAMMOTH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MAMMOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold MAMMOTH, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
Modifications and Interruption to Site.
MAMMOTH reserves the right to modify or discontinue the Site with or without notice to the Member. MAMMOTH shall not be liable to Member or any third party should MAMMOTH exercise its right to modify or discontinue the Site. Member acknowledges and accepts that MAMMOTH does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of MAMMOTH’s control.
Information for Customers.
Unless otherwise stated, all prices on the Site are in U.S. Dollars. Purchasers of items from the Site (“Customers”) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, MAMMOTH may collect fees owed using other collection mechanisms.
Compliance with Laws.
Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark.
By submitting to MAMMOTH any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all copyright rights, in and to the Images. To the extent that you do not own all rights in and to the Images or that MAMMOTH’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold MAMMOTH harmless from any claims or demands, including attorneys’ fees and costs, incurred by MAMMOTH with respect thereto.
All images on the Site are either owned or licensed by MAMMOTH and may not be reproduced or used in any manner without the express written permission of MAMMOTH and, if appropriate, the relevant artist. Copyright © 2010 MAMMOTH. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to Canadian and International copyright laws.
MAMMOTH, MAMMOTH ARTS, the MAMMOTH logo, THE MAMMOTH COLLECTION are trademarks owned by MAMMOTH and may not be used without prior written permission of MAMMOTH.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by MAMMOTH in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the MAMMOTH Privacy Statement.