Effective and Last Updated: 6.1.15

Welcome to ARTFULLYREIMAGED.COM!

ARTFULLYREIMAGINED.COM is owned and operated by DON’T TOSS IT LLC, hereafter referred to as ArtfullyReimagined.com.

ArtfullyReimagined.com is a venue, not a retailer, and our role is to connect buyers and sellers.

This webpage contains the Terms of Use governing your access to and use of ArtfullyReimagined.com. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website. Please read this carefully before using the website.

A. TERMS APPLICABLE TO ALL USERS

Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

Changes To Terms

ArtfullyReimagined.com may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

User Responsibilities

You must be 18 years or older and allowed to engage in legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful. Users under the age of 18 may only use our services under the supervision of a parent or guardian, who then is the user and responsible for any and all activities. ArtfullyReimagined.com does not prescreen users and cannot guarantee the identity, age and/or nationality of a user. Users are solely responsible for any and all user-initiated on-line or off-line interactions. All users agree to exercise good judgment and safety in all interactions.

By using this site you understand you face the risk of dealing with underage persons or individuals acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using ArtfullyReimagined.com, you agree to accept such risks and that ArtfullyReimagined.com, its officers, directors, agents, subsidiaries, joint ventures and employees are not responsible for any and all acts or omissions of users on ArtfullyReimagined.com. We encourage you to use caution, common sense and practice safe buying and selling when using our Site.

Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. ArtfullyReimagined.com makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. ArtfullyReimagined.com shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by applicable law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of ArtfullyReimagined.com is strictly prohibited.

Account Information

ArtfullyReimagined.com requires all users to keep account information, e-mail addresses, etc. up-to-date and accurate at all times. To sell items on ArtfullyReimagined.com you must provide and maintain a valid PayPal account.

You may not transfer or sell your ArtfullyReimagined.com account and User ID to another party. If you are registering as a business entity, you personally represent and guarantee that you have the authority to bind the entity to this Agreement.

ArtfullyReimagined.com reserves the right, at its sole discretion, to cancel unconfirmed or accounts that have been inactive for more than six (6) months. ArtfullyReimagined.com also reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Services

Signing up to buy or sell on ArtfullyReimagined.com is free. ArtfullyReimagined.com charges sellers a ten percent (10%) commission on each and every item sold. Unless otherwise stated, all prices, payments and fees are quoted in US Dollars (USD). There are no hidden fees.

If you are interested in becoming a seller on ArtfullyReimagined.com, you must carefully review and agree to the terms and conditions of our Seller’s Agreement in addition to the Terms of Use Agreement.

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ArtfullyReimagined.com’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale for each item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

Each listing must accurately and completely describe the item/items for sale in that listing and be listed in the appropriate category. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

ArtfullyReimagined.com requires that a portion of the items listed include recycled, reclaimed, upcycled, vintage, materials. Items must also be repurposed in the United States of America. Items that do not meet ArtfullyReimagined.com’s requirements will automatically be disqualified and rejected. ArtfullyReimagined.com reserves all rights to reject items for sale for any reason.

Seller Policies: All sellers must state their policies and terms for sale. These policies must clearly state shipping, returns, payment and selling policies. Sellers are responsible for enforcing their own policies. All seller policies must comply with ArtfullyReimagined.com’s policies, and ArtfullyReimagined.com reserves the right to request that a seller modify its policies.

Binding Sale

All sales are binding, and sellers may not alter the item's price after a sale.

The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.

ARTFULLYREIMAGED.COM IS NOT DIRECTLY OR INDIRECTLY INVOLVED IN THE TRANSACTIONS BETWEEN BUYERS AND SELLERS. PAYMENT DOES NOT GO TO ARTFULLYREIMAGED.COM. THIS MONEY IS SEPARATE FROM THE FEES ASSESSED BY ARTFULLYREIMAGED.COM, AND ARTFULLYREIMAGED.COM HAS NO CONTROL OVER THE MONEY. YOU ACKNOWLEDGE AND AGREE THAT ARTFULLYREIMAGED.COM IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG BUYERS, SELLERS, USERS AND/OR THIRD PARTIES AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR TRANSACTIONS.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on ArtfullyReimagined.com.

Termination: If ArtfullyReimagined.com terminates a listing or your account, if you close your account, or if the payment of your ArtfullyReimagined.com fees cannot be completed for any reason, you are obligated to pay ArtfullyReimagined.com for all unpaid fees plus any penalties, if applicable.

Operation of the Site

ArtfullyReimagined.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ArtfullyReimagined.com’s control.

Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any printout of this Site, or portions of the Site, must include ArtfullyReimagined.com’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of ArtfullyReimagined.com.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of ArtfullyReimagined.com. You may not use any part of this Website on any other Website, without ArtfullyReimagined.com’s express prior written consent.

ArtfullyReimagined.com respects the intellectual property rights of others and expects our users to do the same. The policy of ArtfullyReimagined.com is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Support@ArtfullyReimagined.com.

Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, ArtfullyReimagined.com does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to ArtfullyReimagined.com’s website and the products and services ArtfullyReimagined.com offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. ArtfullyReimagined.com reserves the right to terminate any link or linking program at any time. ArtfullyReimagined.com disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without ArtfullyReimagined.com’s express written permission. If you are interested in linking to this Website, please contact Support@ArtfullyReimagined.com.

No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to ArtfullyReimagined.com that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. 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.

Spamming

Gathering email addresses from ArtfullyReimagined.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with ArtfullyReimagined.com should be directed to: Support@ArtfullyReimagined.com.

No Warranties

THIS WEBSITE, AND ANY INFORMATION, CONTENT AND PRODUCTS, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH ARTFULLYREIMAGED.COM EXPRESSLY DISCLAIMS, TO THE FULL EXTERNT PERMISSIBLE BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ARTFULLYREIMAGED.COM DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE INFORMATION, CONTENT AND PRODUCTS, AND ARTFULLYREIMAGED.COM WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. ARTFULLYREIMAGED.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE INFORMATION OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE INFORMATION OR CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY INFORMATION OR CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. ARTFULLYREIMAGED.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE OR OR FROM ANY INFORMATION , CONTENT OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ARTFULLYREIMAGED.COM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of New Jersey, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. YOU AND ARTFULLYREIMAGED.COM CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN HUNTERDON COUNTY, NEW JERSEY, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED OR ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, FROM THE SUBJECT MATTER OF THESE TERMS OF USE OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Separate Agreements

You may have other agreements with ArtfullyReimagined.com. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with ArtfullyReimagined.com.

DMCA Copyright Policy and Copyright Agent

ArtfullyReimagined.com respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at:

DON’T TOSS IT, LLC

204 North Union Street

Lambertville, NJ 08530

Support@ArtfullyReimagined.com

No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

User Disputes

You are solely responsible for your interactions with other Users. ArtfullyReimagined.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

User Submissions And Communications; Public Areas:

You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify ArtfullyReimagined.com or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to ArtfullyReimagined.com by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted ArtfullyReimagined.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ArtfullyReimagined.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Support@ArtfullyReimagined.com by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. ArtfullyReimagined.com has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

ArtfullyReimagined.com reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in public chat rooms.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d) Terminate a Member's access to any or all Public Areas and/or the ArtfullyReimagined.com Site upon any breach of these Terms of Use.

(e) Monitor, edit, or disclose any communication in the Public Areas.

(f) Edit or delete any communication(s) posted on the ArtfullyReimagined.com site, regardless of whether such communication(s) violate these standards.

ArtfullyReimagined.com reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. ArtfullyReimagined.com has no liability or responsibility to users of the ArtfullyReimagined.com Website or any other person or entity for performance or nonperformance of the aforementioned activities.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ARTFULLYREIMAGED.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF ARTFULLYREIMAGED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ARTFULLYREIMAGED.COM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold ArtfullyReimagined.com its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

Accounts and Security

ArtfullyReimagined.com does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide ArtfullyReimagined.com with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a) select or use a Login Name of another person with the intent to impersonate that person;

(b) use a name subject to the rights of any other person without authorization;

(c) use a Login Name that ArtfullyReimagined.com, in its sole discretion, deems inappropriate or offensive.

You shall notify ArtfullyReimagined.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at ArtfullyReimagined.com’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at Support@ArtfullyReimagined.com.

 

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