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Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, and Small Business customers from Motion Picture Art that will be provided to you ("Customer") on orders for movie posters, lobby cards, photos and other movie/tv related memorabilia products. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from Motion Picture Art. By using Motion Picture Art's Site and submitting orders to Motion Picture Art's systems, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions are subject to change without prior written notice at any time, in Motion Picture Art's sole discretion.
Other Documents.
Other than as specifically provided in any separate formal purchase agreement between Customer and Motion Picture Art, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Motion Picture Art.
Governing Law.
THE PURCHASE OF ITEM(S) THROUGH OUR WEBSITE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER DUTCH LAW AND GOVERNED BY THE LAWS OF THE NETHERLANDS . THE CUSTOMER AGREES TO SUBMIT TO THE JURISDICTION OF THE DUTCH COURTS AND TO ABIDE BY ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. MOTION PICTURE ART'S SITE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER DUTCH LAW AND GOVERNED BY THE LAWS OF THE NETHERLANDS . THE CUSTOMER AGREES TO SUBMIT TO THE JURISDICTION OF THE DUTCH COURTS AND TO ABIDE BY ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
The first-sale doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been legally obtained. That means that copyright holder's rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule".
Under the exhaustion doctrine, doctrine of exhaustion, or first sale doctrine, the first unrestricted sale of a patented item exhausts the patentee's control over that particular item.
In other words, it is a concept in intellectual property law whereby an intellectual property owner will lose or "exhaust" certain rights after the first use of the subject matter which is the subject of intellectual property rights. For example, the ability of a trademark owner to control further sales of a product bearing its mark are generally "exhausted" following the sale of that product.
This has been declared by the European Commission.
Different countries regulate the applicability of the doctrine of exhaustion in relation to different products in different ways.
Payment Terms; Orders; Quotes; Interest.
Terms of payment are within Motion Picture Art's sole discretion, and unless otherwise agreed to by Motion Picture Art, payment must be received by Motion Picture Art prior to acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Motion Picture Art. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Motion Picture Art may invoice parts of an order separately.
Orders are not binding upon Motion Picture Art until accepted. Any quotations given by Motion Picture Art will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Prices; Shipping Charges; Taxes.
The prices of the item(s) ordered are displayed at Motion Picture Arts Site and in Customers shopping cart, and are quoted in European Euros or US Dollars ("$ USD"). The prices displayed exclude any form of taxes. All taxes and custom duties which may incurred in the process of shipment at the destination country shall be bear by the Customer. The delivery charges payable shall be calculated in Customers shopping cart. Motion Picture Art uses third parties for the delivery of the items. Items will be delivered to address provided by the Customer. Whilst Motion Picture Art takes all efforts to procure the expeditious delivery of the items to the Customer, Motion Picture Art does not represent or warrant that the items will be delivered to the Customer within the time frames quoted on our Site. The delivery time frames specified in Customers shopping cart are indicative only and shall not be an obligation on us or the carrier. If the Customer fails to take delivery of the items or fails to enable Motion Picture Art or the carrier to make delivery (whether by refusal or failure to provide any or proper instructions, authorization, information, payment etc), delivery shall be deemed to have take place upon the carrier or Motion Picture Art giving notice to the Customer of such delivery whereupon risk in the items shall pass immediately to the Customer. The Customer shall reimburse Motion Picture Art all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by us as a result of your failure or refusal to take physical delivery.
Risk of Loss.
Title to products passing from Motion Picture Art to Customer on shipment from Motion Picture Art's facility. Loss or damage that occurs during shipping by a carrier selected by Motion Picture Art is that carrier's responsibility.
You are hereby forewarned that MotionPictureArt.com is not responsible if your package gets lost or damaged in the mail.
Insurance might provide some additional piece of mind. Packages over 4 pounds automatically shift to the next shipping tier, which already includes insurance.
You can also choose to have your order shipped registered or express. Both are less expensive than the insurance option and provide a lower risk factor.
Again: MotionPictureArt.com is not responsible for lost mail, so if you aren't willing to take a (slight but real) risk, please buy the insurance.
Please contact us when your order has not arrived within the given timeframe. Depending on the order and situation we will try and work out a reasonable solution.
Warranties.
Motion Picture Art does not manufacture most of the sold item(s), but in fact sources them from various suppliers and manufacturers for your convenience and cost-effectiveness. As such, Motion Picture Art does not make representations or warranties of any kind in relation to the item(s). All warranties and representations, whether express or implied (including warranties as to merchantability and fitness for purpose) are hereby excluded. However, Motion Picture Art will pass on the manufacturer's or the supplier's warranty to the Customer, where available. Where the item(s) come with the manufacturer's warranty, Motion Picture Art recommends the Customer to take the time to review the terms of the warranty closely so that the Customer knows exactly the level of coverage that is offered.
Return Policies; Exchanges; Refunds.
Motion Picture Art understands that in various cases after purchasing an item, not all Customers may be completely happy with their goods. Motion Picture Art regrets to inform the Customers that Motion Picture Art does not allow any return or exchange once the item(s) have been deemed to be delivered to you due to the nature of the item(s) sold on the website unless defects are reported within 10 days after receipt of the item(s) by the Customer. If Motion Picture Art makes an error and ships the wrong product, Motion Picture Art will replace it with the correct item if the wrong product is still in its original condition. If the correct item is temporarily out of stock, Motion Picture Art will fill the order when the item returns to stock. If Motion Picture Art cannot fill the order at any time, a store credit or refund will be authorized at the Customers request. The Customer is responsible for shipping costs of all returns unless we shipped the wrong product or the correct product in a different condition. Software returns are unaccepted. Defective software may be returned for exchange with the same product only. All products must be returned in the original packaging with all accessories and manuals included. Any discrepancies could result in a delay or partial forfeiture. There will be a re-boxing fee for products not returned in the original manufacturer's packaging. Due to limited stock, a replacement product may not be available and cannot be guaranteed. After the return period, products will be covered by the manufacturer's warranty if applicable. All returns must be sent via any courier that issues a tracking or registered control number. Please contact Motion Picture Art before returning a product otherwise paid amounts will not be refunded.
Products.
Motion Picture Art's policy is one of ongoing product update and revision. Motion Picture Art may revise and discontinue products at any time. Motion Picture Art will ship products as described, but changes between what is shipped and what is described are possible. Using the technology available, Motion Picture Art has tried it's best to ensure that the thumbnail images of the item(s) materially resemble the item(s) delivered to the Customer. Due to differences in monitors and variance in resolution setting, the color seen on screen may not be the exact color of the item(s). However, due to limitations beyond Motion Picture Art's control, Motion Picture Art is not responsible for any differences or non-conformity of the item(s) delivered to the Customer as compared to the images of the item(s) as shown on the Site.
Compatibility.
Motion Picture Art strongly urges the Customer to check compatibility before ordering products. If an item is returned due to incompatibility, Motion Picture Art is unable to replace the item.
Service and Support.
Motion Picture Art endeavours to provide the best customer support. For end-user Customers, Motion Picture Art promises that its support people will attempt to handle over email any problem involving Motion Picture Art products. However, Motion Picture Art's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Motion Picture Art has no obligation to provide service or support until Motion Picture Art has received full payment for the product or service/support contract for which service or support is requested.
Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Acceptance of Contract Terms.
The following are terms of a legal agreement between you and Motion Picture Art ("MotionPictureArt.com"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States/Dutch Copyright Law and international treaties. This Site is controlled and operated by Motion Picture Art from its office within the Netherlands . Motion Picture Art makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the Netherlands.
Use Restrictions.
The copyright in all material provided on this Site is held by Motion Picture Art or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Motion Picture Art or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Motion Picture Art's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOTION PICTURE ART BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MOTION PICTURE ART OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any material, information or idea you transmit to or post on this Site by any means will be treated as confidential and proprietary, and may not be disseminated or used by Motion Picture Art or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. All personal data provided to Lik Sang will be handled in accordance with Motion Picture Arts's Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
All items on this website were obtained legally at trade shows, swap meets/flea markets and collectors fairs or from movie theaters, (video) stores, movie studios, distributors, auction websites/houses and collectors/sellers/dealers worldwide.
We are not a business and do not make money through this website.
This website is solely used as a personal website to showcase our collection, enthusiate people for the hobby and to trade items to support the hobby.
We encourage everyone to see films at their local movie theatres and to buy original DVD's, soundtracks, Blu-ray Discs and other official merchandise to support the industry.
Copyrights, Trademarks and other intellectual and property rights of other owners, entities, or parent companies are the sole property of those owners, entities, or parent companies. Photos, art, advertising graphics, company logos, public relations photos, studio publicity shots, movies, etc., used from resources other than MotionPictureArt.com are used in a similar fashion to the purpose for which they were originally published or released, that is, to publicize and/or promote the original celebrity, movie, television show, business, or individual and are therefore believed to have been released in the public domain by proper authority for such use.
Term of Use Revisions.
Motion Picture Art may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
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