The terms, policies and conditions (collectively known as "Conditions") described below govern the use of this site (referred to as "Colosseum Fine Arts" or "site"). Your use and/or placement of any order indicate your acceptance of these Conditions. Colosseum Fine Arts. of CA.

GENERAL POLICIES

Welcome to the ColosseumFineArts.com web site ("the Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

PRIVACY

You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting the Site or accessing any products or services offered on the Site.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by those means ntisfy any legal requirement that such communications be in writing.

USE OF MESSAGE SERVICES

You agree not to use this site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates what we find objectionable, which we determine at our own discretion, for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content would be considered acceptable to reasonable parties and fit in the patterns of acceptable that we have established. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

USE OF CERTAIN SERVICES

We offer our users and customers certain services that involve the use of images of our products. The product images provided through these services are protected by United States and international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our Website.

COPYRIGHT

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of ColosseumFineArts.com or its content suppliers and is protected by United States and international copyright laws. All content on the Site that is not the property of ColosseumFineArts.com is used with permission. The arrangement and compilation of all content on this site are the exclusive property of ColosseumFineArts.com and are protected by U.S. and international copyright laws. All software used on this site is the property of ColosseumFineArts.com or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" section below.

TRADEMARKS

Certain marks used on the Site are registered trademarks or service marks of ColosseumFineArts.com or our affiliated companies, in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of ColosseumFineArts.com or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes, by any party, other than ColosseumFineArts.com or our affiliated companies, without our prior written consent. All other trademarks and service marks not owned by ColosseumFineArts.com or our affiliated companies that appear on this site are the property of their respective owners, and may or may not be used without their prior written consent.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase product from various suppliers that claim to have sufficient rights to allow us to display and sell the products on the site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the site pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement

If you believe that your work has been copied, distributed or used by us in a way that constitutes copyright or trademark infringement please mail a complete description with supporting documents and your contact information to:

ColosseumFineArts.com
Attention: Legal Department
2400 Kettner Road
Suite F109
Little Italy District
San Diego, CA 92101
Telephone: (619) 795-3704

Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed.

LICENSE AND SITE ACCESS

We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ColosseumFineArts.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. You may not use any ColosseumFineArts.com logo or other proprietary graphic or trademark design as part of any link without our prior written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS AND QUESTIONS

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to questions@ColosseumFineArts.com . By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
RISK OF LOSS

All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

EXPRESS SHIPPING

We offer express shipping. If you want to request an express shipment you must contact customer service at (619) 795-3704 for arrangement of shipping and payment.

PRODUCT DESCRIPTIONS

We attempt to describe the products offered on the site as accurately as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS CREDIT WITH ColosseumFineArts.com TO BE USED TOWARDS FUTURE PURCHASES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

CONTACT US

ColosseumFineArts.com
2400 Kettner Road
Suite F109
Little Italy District
San Diego, CA 92101
Phone: (619) 795-3704


SUBJECT TO CHANGE WITHOUT NOTICE
TERMS AND CONDITIONS OF AN ART PURCHASE

This purchase agreement constitutes an agreement solely with respect to the item(s) described on reverse side herof and represents all the terms and conditions of such purchase agreement. The artwork is purchased and accepted in it’s present condition.

FUTURE VALUE
The gallery makes no representations as to the future value or resale value of the artwork(s). The artwork(s) should be purchased based on aesthetic value(s) only. Prices on similar artwork(s) may vary and are determined by art market conditions, i.e. artist reputation, popularity, exposure; artwork’s appeal, condition, quality, size; supply and demand.

PRICE & AVAILABILITY
The gallery reserves the right to withdraw any artwork(s) from this purchase agreement upon verification of inaccurate pricing or lack of availability of a particular work.

CANCELLATIONS, CREDITS, & RESTOCKING FEES
Merchandise credits are issued on cancelled orders. A twenty percent (20%) restocking fee will be deducted from the merchandise credits issued for any/all cancellations. Unused or unclaimed credits shall become invalid five (5) years from the date of issue.

UNPACKING OR UNCRATING YOUR ARTWORK
Special care should be taken in unpacking your artwork. If you have purchased a print, DO NOT REMOVE it from it’s shipping tube until the print has been delivered to your framer. Never try to re-roll your print and put it back into it’s tube.

DAMAGE CLAIMS
In the event of damage during shipment, it is the PURCHASER’S RESPONSIBILITY TO NOTIFY THE CARRIER IMMEDIATELY. ALL PACKING MATERIALS MUST BE RETAINED WHEN FILING A CLAIM AND PHOTOGRAPHS OF THE DAMAGED ARTWORK AND CRATE SHOULD BE TAKEN. Once the insurance claim is filed, please inform The gallery.

ARTIST’S RIGHTS
Upon purchaser’s fulfillment of all terms in this contract, title on artworks acquired shall pass to the purchaser. The artist retains all copyright and reproduction rights. The artist reserves the right to reuse his on compositions and may adapt certain images from past works into the future original works or multiples.

COMMISSIONS OR SPECIAL ORDERS
All special ordered artwork(s) are subject to the artist’s acceptance. The gallery will not guarantee or warrant the artist’s performance or availability of commissioned artwork and will issue merchandise credit for any deposits received.


RIGHT TO CONTACT CLIENT(S)

The client(s) authorize The gallery to contact them in the future via email, mail, phone, and fax to keep them informed.

CALIFORNIA RESIDENTS
The State of California requires The gallery to charge sales tax on all purchases made by California residents. Sales tax is applied to the full purchase price of the artwork(s). On trade-ins, the value of the trade-in is applied after calculating the full purchase price plus tax.

IN-HOUSE PLAN PURCHASES
All In-House Plan purchases are subject to a monthly In-House Plan charge. The monthly In-House charge reimburses The gallery for administrative, handling, storage, and insurance expenses. In-House plan purchases may take delivery of the artwork upon payment in full. In the event the purchaser fails to make a timely payment pursuant to this agreement, the Gallery reserves the right to demand payment of the remaining balance.

PAYMENT AGREEMENT
In the event of non-payment, the purchaser agrees to pay any or all costs of collection. In the event the balance is not paid in full according to the schedules set forth in this agreement the Gallery may, at is’s sole option, offer and resell the artwork(s) to another entity.