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TERMS OF USE & SERVICE

Effective December 07, 2018

Your use of the BlueHillFineArts.com a.k.a. bh-fa.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

Blue Hill Fine Arts LLC (“We”) reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Contents and Intellectual Property

The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Blue Hill Fine Arts LLC, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Blue Hill Fine Arts LLC.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Blue Hill Fine Arts LLC or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Blue Hill Fine Arts LLC or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil and / or criminal penalties.

Use of this Website

Blue Hill Fine Arts LLC maintains this Website for Your personal or business purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Blue Hill Fine Art LLC's express written consent. All rights not expressly granted here are reserved to Blue Hill Fine Arts LLC.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

No Warranties

Blue Hill Fine Arts DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Blue Hill Fine Arts LLC assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

Limitation of Liability

In no event shall Blue Hill Fine Arts LLC, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Indemnification

You agree to defend and indemnify Blue Hill Fine Arts LLC harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Website

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Blue Hill Fine Arts LLC will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Blue Hill Fine Arts LLC cannot prevent the harvesting of information from this Website, and You may be contacted by Blue Hill Fine Arts LLC or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Blue Hill Fine Arts LLC, may or may not be posted to this Website at the sole discretion of Blue Hill Fine Arts LLC and may be used by Blue Hill Fine Arts LLC or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Blue Hill Fine Arts LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Blue Hill Fine Arts LLC without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

Although Blue Hill Fine Arts LLC may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Blue Hill Fine Arts LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Blue Hill Fine Arts LLC assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice to Blue Hill Fine Arts LLC by sending an email to contactus@bh-fa.com or sending a certified letter requiring a signature via postal mail e.g. USPS, UPS, FedEx etc. to 831 Beacon Street, #295, Newton, MA 02459 with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A detailed description of the copyright work that You claim has been infringed;
A description of precisely where the material that You claim is being infringed is located on the Website;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

We will provide notice to the artist whose work has received the copyright claim by means of email and / or postal mail e.g. USPS, UPS, FedEx etc. We will allow our artist fourteen (14) calendar days to provide a counter-notification. If You receive such a notice, You may provide counter-notification in writing to Blue Hill Fine Arts LLC via email: contactus@bh-fa.com, otherwise send a certified letter requiring a signature via postal mail e.g. USPS, UPS, FedEx etc. to:

Blue Hill Fine Arts LLC

831 Beacon Street, #295

Newton, MA 02459

To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in Boston, MA and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Blue Hill Fine Arts LLC may cease to do business with any artists that has been the subject of two (2) separate DMCA notices. In the event an artist’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Blue Hill Fine Arts LLC will treat the underlying DMCA notice as withdrawn. Blue Hill Fine Arts LLC reserves the right to cease to do business with any artist that is the subject of fewer than two (2) DMCA notices in appropriate circumstances - such as where the artist has a history of violating or willfully disregarding Blue Hill Fine Arts LLC’s Terms of Use and Service.

Notice and Procedure for Making U.S. Claims of Trademark Infringement

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice to Blue Hill Fine Arts LLC by sending an email to contactus@bh-fa.com or sending a certified letter requiring a signature via postal mail e.g. USPS, UPS, FedEx etc. to 831 Beacon Street, #295, Newton, MA 02459 with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A detailed description of the trademark work that You claim has been infringed;
A description of precisely where the material that You claim is being infringed is located on the Website;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law;
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf.

We will provide notice to the artist whose work has received the trademark claim by means of email and / or postal mail e.g. USPS, UPS, FedEx etc. We will allow our artist fourteen (14) calendar days to provide a counter-notification. If You receive such a notice, You may provide counter-notification in writing to Blue Hill Fine Arts LLC via email: contactus@bh-fa.com, otherwise send a certified letter requiring a signature via postal mail e.g. USPS, UPS, FedEx etc. to:

Blue Hill Fine Arts LLC

831 Beacon Street, #295

Newton, MA 02459

To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in Boston, MA and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Termination

At its sole discretion, Blue Hill Fine Arts LLC may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

Unaffiliated Products and Websites

Descriptions of, or references to, products, publications or Websites not owned by Blue Hill Fine Arts LLC or its affiliates do not imply endorsement of that product, publication, or Website. Blue Hill Fine Arts LLC has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

Linking Policy

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Blue Hill Fine Arts LLC. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice / terms carefully before You use that website. Blue Hill Fine Arts LLC does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Blue Hill Fine Arts LLC does not endorse the content, or any products or services available, on such Websites.

United States Governing Law / Void Where Prohibited

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Blue Hill Fine Arts LLC intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Blue Hill Fine Arts LLC in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

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TERMS OF USE & SERVICE