The website 3Screensart.com is owned and operated by 3Screensart.com, LLC. Access and use of this Website is provided on the condition that you agree to abide by the terms and conditions of this Agreement. Accessing or using this Website or Service, constitutes acceptance of these terms and conditions fro Sales in the United States.
1. "Content" refers to any Artwork, Art, Animation, Digital Media, Digital Art, Product, Material, Video(s) or Images published at the 3Screensart.com Site.
2. “Site” refers to the Website www.3Screensart.com
3. "For Sale" includes all Content that requires acceptance of the End User License Agreement, as distinguished from Content available for free download.
4. “Buyer” refers to any person who creates a User Account at 3Screensart.com for the purpose of purchasing Content via the Site.
5. "Reseller" refers to any Artist, Vendor or Individual who creates a Reseller Account at 3Screensart.com and uploads Content to the Gallery for the purpose of making it available For Sale.
6. "Service" refers to transmission, upload, brokerage, license, or purchase of Content to and from the Site or any approved web portal either currently in existence or in the future.
7. "Gallery" refers to that portion of the Site which Content is viewed, managed, shared, displayed, offered For Sale Content and purchased on the 3Screensart.com Website
8. "Valid Sale" refers to a sale of Content via 3Screensart.com where the appropriate share of proceeds is received by the Reseller who published the Content. Content For Sale via 3Screensart.com Site which is returned is not a Valid Sale.
9. "Brokering" referes to the Service provided by 3Screenart.com whereby Resellers may upload, manage, share and display and/or offer For Sale Content for which 3Screensart.com acts as a principal on a commission basis without Copyright to the Content.
This license applies to all Content purchased from the Gallery at 3Screensart.com, LLC. It is the Buyers responsibility to read and understand this license. This is a legal and binding agreement between the Buyer and 3Screensart.com LLC. By downloading, copying, or otherwise using any Content files, you have conclusively accepted all of the terms and conditions of this License.
All Content published on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, without the prior written consent of 3 Screensart.com LLC., except as follows:
-- Buyer may download one copy of the Content for their personal or commercial use, provided they do not delete or change any copyright, trademark or other proprietary notices. Modifications or use of the Content for any other purpose violates the intellectual property rights and other rights of 3 Screensart.com LLC., or its Resellers.
-- Buyer may use the Content for their personal or commercial use as long as the Resellers work is protected from extraction and none of the items above have been violated.
-- Buyer may make a single backup copy of this archive file, for personal archival purposes only.The Buyer may not store Content any place on a network or on the Internet where it may be referenced by a third party.
The Reseller retains, subject to any the Resellers agreement between the Reseller and 3Screensart.com, copyright in Content purchased or downloaded by any Buyer via the Site. The Reseller maintains and warrants that all Content published to the Site is their original work, contains no copyrighted material of any kind that the Reseller is not the exclusive owner of, or are derivative works from something found, and verified, to be in the public domain. The Reseller maintains they legally possess the power to grant the Buyer this license for all enclosed Content.
3. Return Policy A Buyer may return Content that was purchased within 24 hours of the time of purchase to receive a full refund of the purchase. The Buyer will be refunded within 7 days of the receipt of the refund request. When the Buyer receives confirmation from 3Screensart.com that the refund request has been processed, the license granted by purchase of Content is immediately terminated. The Buyer is obligated at this time to delete or destroy all files or items using the Content. In cases of abuse, as determined at the sole discretion of 3Screensart.com, 3ScreensRet.com retains the right to temporarily or permanently revoke this refund policy for a specific user. Examples of abuse include, but are not limited to, multiple returns without a final purchase of goods.
3. Return Policy
A Buyer may return Content that was purchased within 24 hours of the time of purchase to receive a full refund of the purchase. The Buyer will be refunded within 7 days of the receipt of the refund request. When the Buyer receives confirmation from 3Screensart.com that the refund request has been processed, the license granted by purchase of Content is immediately terminated. The Buyer is obligated at this time to delete or destroy all files or items using the Content.
In cases of abuse, as determined at the sole discretion of 3Screensart.com, 3ScreensRet.com retains the right to temporarily or permanently revoke this refund policy for a specific user. Examples of abuse include, but are not limited to, multiple returns without a final purchase of goods.
Our Reseller Services on the Site are provided subject to the terms and conditions set forth in the Resellers Agreement. These terms and conditions are a legal and binding agreement between the Reseller, the Buyer and 3Screenart.com LLC., which the Reseller accepts prior to accessing, uploading, managing, sharing, displaying or offering Content For Sale.
The Reseller/Artist retains all copyrights to their Content and grant a non-exclusive, transferable, worldwide, royalty-free license to sell their Content to the extent they elect to offer such Content for sale pursuant to 3Screensart.com Brokerage Services. The Reseller maintains and warrants that all Content published to the Site is their original work, contains no copyrighted material of any kind that the Reseller is not the exclusive owner of, or are derivative works from something found, and verified, to be in the public domain.
III. General Terms Applicable to All Buyers, Resellers, Users,and Other Parties using 3Screensart.com in any way
You hereby agrees to defend, indemnify and hold harmless 3Screensart.com LLC., and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ and witness fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that any element of the Content infringes on any trademark, trade name, service mark, copyright, license, publicity right, privacy right, goodwill, patent, or other intellectual property or proprietary right of any third party; (ii) any misrepresentation of a representation or warranty or breach of a covenant made by you herein; (iii) any claim related to any element of your Content or (iv) your use or misuse of the Site.
2. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL SERVICES AND CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. 3SCREENSART.COM LLC., DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 3SCREENSART.COM LLC., MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
3SCREENSART.COM LLC., MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
3. Modification of Services
3Screensart.com LLC., reserves the right to modify the organization, structure, or appearance of the 3Screensart.com Site, and may change, suspend, or discontinue any aspect of the Site at any time with or without notice and without any liability to you or any third party.
4. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, 3SCREENSART.COM LLC., IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF 3SCREENSART.COM LLC., HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE BY 3SCREENSART.COM, LLC), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
5.Governing Law and Arbitration
This Agreement between you and 3Screensart.com LLC., which results from your acceptance of these terms of services is governed by the laws applicable locally, in the State of Illinois and the United States federal. Any dispute with regard to this Agreement shall be submitted to arbitration by a single arbitrator in Chicago, Illinois, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between you and 3Screensart.com relating to this subject matter, and all prior negotiations and understandings, whether oral or written, are superseded. The provisions of all sections, 1 through 12, hereof shall survive termination of this Agreement.
6. Use of Logos and Trademarks; Proprietary Rights
3Screenart.com LLC., reserves the right to display any of its trademarks, trade names, designs, logos or trade dress (“Marks”) on any part of the Site, including the Gallery. You shall not make any use of any Marks without our prior express approval. You acknowledge and agree that any content found or distributed on or through the Site may be protected by proprietary rights of ours or our advertisers, partners and member artists. You may not use or distribute any such content without the authorization of the content owner.
8. Disclosure for Legal Purposes
You acknowledge and agree that we may preserve Content or disclose it if required to do so by law or in the good faith belief that such disclosure is reasonably necessary comply with legal process or enforce the terms of this Agreement. If you believe that your Content has been copied by another person and appears on the Site in a way that constitutes copyright and/or trademark infringement, please report it to us immediately.
All dollar figures in this Agreement refer to United States dollars. You and 3Screensart.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and 3Screensart.com.
The Site is owned and operated by 3Screensart.com LLC.
Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by mail.
c/o 3Screensart.com customer Support
440 Ashbury Drive