Thank you for choosing to use our website, Scintus.com (our 'Site'). The following terms and conditions have been established regarding your use of our Site. By using our Site you agree to be legally bound by the following terms and conditions. If you do not agree with any of these terms, please do not use our Site.

We reserve the right to change these terms and conditions at any time without notice. As such, we recommend you check back to review this material from time to time.

Content

In connection with the below terms and conditions, the term 'Content' is meant to include, but is not limited to, all artwork, photographs, text, graphics, icons, structure, layout, video, audio, source code and related software, and any downloadable files. The design of our Site, including all of the aforementioned Content, is wholly owned by Scintus Images LLC (copyright 2003, 2004), and all rights are reserved.

Our Site contains a significant amount of Content, the copyright, trademarks and other rights to which are owned by their respective owners, who reserve all of their rights in respect thereof.

You must not and must not permit anyone else to copy, manipulate, download, store, modify, adapt, transmit, distribute, perform, play, show in public, broadcast, publish or otherwise use any part of the Content from our Site without our prior written consent or that of the relevant owner for the Content in question. No Content or part of our Site is within the public domain.

Certain (hypertext) links in our Site will lead you to other third party websites which we do not control or endorse. We do not accept responsibility for any content, products, or services offered by third parties through links on our Site, and any dealings you may have with such third parties are at your own risk. Please direct any complaints related to such dealings directly to the operator or site administrator of the third party site in question.

Availability

We cannot guarantee our Site or Content will always be available or up-to-date, nor do we guarantee we will be able to provide error free service. The Site may include technical or other mistakes, inaccuracies, or typographical errors. We may suspend our service for operational reasons such as repair, maintenance, improvements, or otherwise in emergencies, and we may change or discontinue the pricing, availability, or descriptions of Content, goods or services at any time, without notice, as we see fit.

Trademarks

Scintus, Scintus Images, the Scintus Images logo(s), the Scintus Images tagline (Fine Art for Your Home), and the Scintus Images motto (Where Art is a State of Mind) are all trademarks of Scintus Images LLC. All rights in these trademarks are reserved.

Our Site may also contain trade and service marks belonging to third parties. You may not use or reproduce any trade or service marks appearing on our Site for any purpose without the prior written agreement of the relevant owner.

Your Responsibilities

You are responsible for ensuring you have the necessary connection in order to use our Site. Telephone charges and other fees associated with such connection, access, and use are your sole responsibility.

Where we provide a facility for you to submit messages, opinions, and other matter to us via our Site or by email, you warrant to us that you are either the owner of such messages, opinions and other matter, or have the necessary rights in order to be able to submit such matter; and the use and/or appearance of such matter on our Site shall not infringe the privacy, intellectual property or other rights belonging to any person.

Our Site may only be used by you for lawful purposes. Therefore, the posting or distribution of any defamatory, obscene and/or unlawful material is not permitted. We do not check such material and you are solely responsible for it. However, we may move, adapt or delete such matter if we consider it obscene, defamatory, unlawful or otherwise unacceptable.

You irrevocably grant us the payment-free right to use, copy, transmit, display, publish, adapt and otherwise exploit any Content submitted by you for any purposes without any limit of time.

Opinions, advice, criticisms, reviews, judgments, statements or other Content which are expressed to be made by someone other than us, are those of the respective authors and not of Scintus Images LLC. Scintus Images LLC does not endorse, nor is it responsible for the accuracy or reliability of any opinion, advice, statement, judgment, review or other Content made on our Site by anyone other than an authorized representative of Scintus Images LLC.

By placing an order through our Site or by phone, you agree to be legally bound by our Ordering Policies and Procedures. If you do not agree with any of these policies or procedures, please do not place an order.

Our Liability to You

The use of our Site is at your own risk. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any Content on our Site.

The Content is provided on an 'as is' basis. We shall not be liable for any loss or damage or for any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of our Site, and all other conditions, warranties and other terms, whether express or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by law.

In no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatsoever arising from or in any way connected with the use, inability to use, or performance of our Site, even if we have been specifically advised of the possibility of such loss or damage.

We will take reasonable care to keep your orders secure, but in the absence of our negligence or the negligence of our agents or sub-contractors, we cannot be held liable for any loss you may suffer if a third party obtains unauthorized access to any data, including credit card and account details you provide when accessing or ordering from our website or by phone.

Except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in any way connected with (i) any performance or non-performance by us of any obligation assumed by us under our Site, these terms and conditions, or otherwise; or (ii) any liability not excluded by these terms and conditions, shall in respect of any one or more events or series of events (whether connected or unconnected) taking place within any 12 month period be limited to $500. This limit shall also apply if any exclusion or other provision contained in these terms and conditions is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited.

Security

The use of services or the downloading or other use of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus, trojan horse, or other harmful matter that is downloaded to your computer from our Site or in connection with any services or materials offered through our Site. No advice or information, whether oral or written, obtained by you from us, or through or from our Site shall create any warranty not expressly stated herein.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days.

Your Liability to Us

You and any members of your work group agree to indemnify Scintus Images LLC, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees against any damages and losses, including reasonable attorneys' fees, which are suffered as a result of your breach of these terms and conditions of use.

Miscellaneous

The terms and conditions contained herein comprise the entire agreement between you and Scintus Images LLC and supersede all agreements, proposals, negotiations, conversations, or discussions (oral or written) between both parties relating to these terms and conditions, and all past course of dealing or industry custom.

Headings included in these terms and conditions are for convenience only and are not to be used to interpret the agreement between parties.

In the event any one or more of the provisions contained herein shall for any reason be held to be unenforceable, void, or unlawful in the Courts of any state or of the United States of America, such unenforceability shall not affect the validity or enforceability of any other provision, but this agreement shall then be construed as if such unenforceable provision or provisions had never been contained herein.

Law and Jurisdiction

Our Site is created and controlled by Scintus Images LLC, a Massachusetts Limited Liability Company. The validity and performance of this Agreement shall be governed by the laws of the State of Massachusetts, except as to copyright and trademark matters which are covered by United States laws and international treaties. Any action or proceeding by you against Scintus Images LLC shall be brought only in a court located in Middlesex County, Massachusetts. You hereby irrevocably (i) submit to the nonexclusive jurisdiction of such courts and (ii) waive any objection you may now or hereafter have as to the venue of any such action or proceeding brought in such court or that such court is an inconvenient forum.