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YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.
This Web site is owned and operated by Phenom Gallery, 350 Sentry Parkway #610, Suite 210, Blue Bell, PA 19422, which is referred to below as "Phenom Gallery", "we", "us", "our" or "Company".
You agree that:
(a) your use of this Web site is subject to and governed by these Terms of Use;
(b) you will only access or use this Web site and transact business with us if you are at least 18 years old;
(c) you will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site;
(d) each use of this Web site by you indicates and confirms your assent to and agreement to be bound by these Terms of Use; and
(e) these Terms of Use are a legally binding agreement between you and Uncanny Brands that will be enforceable against you.
You agree not to use or attempt to use this Web site for any purpose that:
(a) interferes with or induces a breach of the contractual relationships between Phenom Gallery and its employees;
(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
(d) transmits any harmful or disabling computer codes or viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network services;
(g) impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site; and/or
(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting real estate related business with Phenom Gallery.
(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(m) dilutes or depreciates the name and reputation of the Phenom Gallery or any of its affiliates;
(n) uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
(o) unlawfully uploads any confidential, proprietary or trade secret information.
Phenom Gallery reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Phenom Gallery or broker relationship with Phenom Gallery without the express written permission of Phenom Gallery. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.
You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.
The following marks are registered trademarks of Phenom Gallery. All Rights Reserved: Phenom Gallery™ and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Phenom Gallery.
"The Collegiate Licensing Company", "CLC", "iCLC", the "Officially Licensed Collegiate Products" label, various CLC and service provider trade names and associated logos are the intellectual property of CLC or its service providers. The names and logos of the CLC Institutions are the property of the respective CLC Institutions. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the express written permission of the respective mark owner.
The NBA and individual NBA member team identifications reproduced on this product are trademarks and copyrighted designs, and/or other forms of intellectual property, that are the exclusive property of NBA Properties, Inc. and the respective NBA member teams and may not be used, in whole or in part, without the prior written consent of NBA Properties, Inc. © 2018 NBA Properties, Inc. All rights reserved.
NHL, the NHL Shield and the word mark and image of the Stanley Cup are registered trademarks of the National Hockey League. All NHL logos and marks and NHL team logos and marks depicted herein are the property of the NHL and the respective teams and may not be reproduced without the prior written consent of NHL Enterprises, L.P. © NHL 2018. All Rights Reserved.
Officially Licensed Product of the NHLPA. NHLPA, National Hockey League Players' Association and the NHLPA logo are trademarks of the NHLPA and are used under license by Bleacher Creatures, LLC. © NHLPA.
All other marks used on this Web site are the property of their respective owners.
Web Page Content: You acknowledge and agree that:
(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the "look and feel", and the operation of this Web site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
(b) all rights associated with the Web Page Content are owned by Phenom Gallery, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's Web site or controls the content of any other Internet browser window.
Submissions: You acknowledge and agree that all submissions to Phenom Gallery containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Phenom Gallery's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to Phenom Gallery will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Phenom Gallery the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Phenom Gallery may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name therewith.
Phenom Gallery is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
Phenom Gallery
Attn: Matthew Hoffman
350 Sentry Parkway #610, Suite 210
Blue Bell, PA 19422
Not Responsible For Links to Other Web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Phenom Gallery does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Phenom Gallery will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. Phenom Gallery does not permit third-party advertising on this Web site. Except with the written permission of Phenom Gallery, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Web site at the time you access this Web site. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Web site are subject to updating and revision without notice to you. Uncanny Brands will honor current pricing at the time of your order. However, Uncanny Brands reserves the exclusive right to change pricing, at anytime, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of the President of Uncanny Brands.
You understand and acknowledge that Phenom Gallery controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Phenom Gallery immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Phenom Gallery, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
Mandatory and Optional Information: We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.
Contests, Sweepstakes, and Surveys: From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
Service Providers: In some cases, we will employ or use service providers such as title companies, appraisers, consultants, temporary workers, third party software developers, to complete a business process or provide a service on our behalf. For example, we may use service providers to enhance our Web site technology, deliver products, or to send e-mails. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Service Alerts and Critical Notices: Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.
Change of Control: Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Uncanny Brands. You will have the opportunity to opt out of further secondary use of your information following any change of control.
Changes to Our Privacy Policy: If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we'll post those changes to the Uncanny Brands web site 30 days before they take effect.
Legal Disclosures: In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
Cookies: A "cookie" is a small piece of information that our web site may provide to your browser while you are at our sites. The Phenom Gallery Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Phenom Gallery may also employ service providers to help us collect and understand our web site usage data.
Additionally, Phenom Gallery service providers that serve ads on affiliate and/or advertiser web sites may assign different cookies and small graphical images called single-pixel GIFs or web beacons, to your browser to track the effectiveness of Phenom Gallery advertising on other web sites and your involvement with Phenom Gallery. For example, as part of the Phenom Gallery affiliate programs, our service providers use cookies and web beacons to determine when affiliate program members have referred a customer to Phenom Gallery via a link on their web site. The Phenom Gallery Web site also sets a temporary cookie that contains a unique, anonymous identifier that is provided to the service provider to ensure that each referral is only counted once. This cookie is not linked to a customer's personal information. The cookies and web beacons are necessary to ensure that affiliate program members are appropriately credited for their referrals. Service providers report data in the aggregate and do not link it to individual customer information. Phenom Gallery may also employ service providers who may assign cookies or web beacons to your browser to assist us in collecting web site usage data such as your IP address, session ID, URL and demographic information such as your zip code. The collection of data may include personally identifiable information.
If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won't be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.
Web Site Usage Data: Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to online@phenomgallery.com.
COPPA. Our web site is not designed to appeal to children under the age of 13. Therefore, we don't knowingly attempt to solicit or receive any information from children.
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to online@phenomgallery.com or write us:
Phenom Gallery
Attn: Matthew Hoffman
350 Sentry Parkway #610, Suite 210
Blue Bell, PA 19422
If you make any unauthorized use of this Web site or violate the Terms of Use: (a) you may be in violation of laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Phenom Gallery. You agree to indemnify Phenom Gallery and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.
If you wish to purchase any products or services through this Web site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.
We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
When you purchase a pre-order item using your credit card, you authorize us to store your credit card securely, offline, in hard copy beyond 30 days. Your card number will only be saved offline until your order ships. At that time, your card will be charged in full. If you use PayPal, Paypal will capture the funds right away regardless of when your order ships.
Your order may not ship the exact day the order is charged. Larger- or popular-release shipments take 2 to 3 days to process all orders from the day shipment is received from manufacturer.
All Pre-orders are subject to availability. Product is shipped immediately upon receipt from the manufacturer. We cannot be responsible for manufacturer delays.
If you combine in-stock and pre-order items, your order will not ship until all items are in-stock. If you combine an in-stock item with a pre-ordered item, the in-stock item may no longer be available once the pre-ordered item comes in.
If you wish to have in-stock items shipped immediately, you must order in-stock and pre-order items separately.
The Phenom Gallery Shipping Policy is as follows: Once Phenom Gallery has shipped your order and it has left our facility, Phenom Gallery no longer claims responsibility for your package. Once you receive your shipping confirmation email, refer to your tracking # and call USPS or your local post office with all questions pertaining to your delivery.
If your Phenom Gallery™ arrives damaged or if the product is defective you can return it within 30 days of the delivery date and we will refund you for the damaged or defective item or replace it at our discretion.
In either of the above return instances, if you ordered more than one Phenom Gallery™ as part of a packaged deal (2 for $x, buy 1 get 1 free, etc.), you must return the entire order to receive a full refund. We will not accept partial returns on discounted orders.
We do not accept returns on gift cards or Champs Sports Gift Tube vouchers.
Gift cards and Champs Sports Gift Tube vouchers are not redeemable for cash.
If you purchased your Phenom Gallery using both a Gift Card and another form of payment, we will first credit or replace the Gift Card with the amount originally deducted from it and then credit your other form of payment for the balance.
For more information regarding our return policy:
All Returns are subject to the terms of our Money Back Guarantee.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNCANNY BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. Phenom Gallery HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT Phenom Gallery IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, Phenom Gallery EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Phenom Gallery MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT BLEACHER CREATURES, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL Phenom Gallery BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT Phenom Gallery SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL UNCANNY BRANDS' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.
Time Sensitive Instructions: When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member's employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Phenom Gallery at 1-888-922-6293. The use of the Company's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company's e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Phenom Gallery, you may opt-out by sending an e-mail to online@phenomgallery.com
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient's responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company's e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney's fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
You acknowledge that certain features of this Web site, as well other products and services of Phenom Gallery, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Phenom Gallery through the Web site or otherwise, you are making an inquiry as to Phenom Gallery's programs and services and give Phenom Gallery and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.
Permission to Share Your Information: When you "submit" information through the Phenom Gallery Web site or otherwise, Phenom Gallery may send your information to its affiliates. If you do not want your information shared with Phenom Gallery affiliates, you should send an opt-out e-mail to online@phenomgallery.com
Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Uncanny Brands may rely.
Your Cooperation Needed: Phenom Gallery generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Phenom Gallery of any changes in any information submitted in connection with your order.
Reasonable Efforts: Phenom Gallery will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Phenom Gallery is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Phenom Gallery's reasonable control.)
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
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