These Terms of Service (“Terms”) govern your use any website where this Terms of Service  is posted (each a “Site”) that are operated by DigitalOcean. or any of its divisions or affiliates (collectively, “Allens Gallery”, “we” and us” or “Company”). The Sites is referred to in these Terms as a “Services.” By using the Services, you agree, without limitation or qualification, to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference. If you do not accept, please do not use the Services.

Company may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.

 

  1. Eligibility and Use

 

You must be 18 years of age or older to visit or use the Services in any manner. By visiting or using the Services or accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Service .

Allens Gallery provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone accessing it using your login information.

 

  1. Use Restrictions

 

The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Allens Gallery’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Allens Gallery. Any use of the Contents not expressly permitted by these Terms of Service is a breach of these Terms of Service  and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.

You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Service. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Service will govern any upgrades provided by Allens Gallery that replace and/or supplement the original Site, unless such upgrade is accompanied by separate or updated Terms of Service . If you violate any of these Terms of Service, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Allens Gallery’s written permission, “mirror” any Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

 

  1. Copyright and Trademarks

 

The Services, and all content available through the Services, is protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without Allens Gallery’s prior written consent. Any such use of the Service’s content for any purpose not authorized under these Terms is a violation of the copyrights of Allens Gallery (or other entities where so indicated).

Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from Allens Gallery in advance. Any such request should be submitted via an email to [email protected] The use of the Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to Allens Gallery or its licensors.

All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to Allens Gallery or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Allens Gallery or the appropriate owner thereof.

 

  1. User Submissions

 

The personal information you submit to Allens Gallery is governed by the Allens Gallery Privacy Policy. To the extent there is an inconsistency between the Terms of Service and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Allens Gallery does not claim ownership of any information or material a user provides to Allens Gallery or posts, uploads, input, submits, or transmits to the Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Allens Gallery, exposes Allens Gallery or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Allens Gallery. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted– Allens Gallery a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Allens Gallery is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Allens Gallery is not responsible for the consequences of any Submission. Allens Gallery is not responsible for screening or monitoring Submissions made to the Services by users. If notified by a user of a Submission allegedly in violation of these Terms of Service, Allens Gallery may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Allens Gallery will have no liability or responsibility to users for performance or non-performance of such activities.

Allens Gallery reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms of Service  and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Service ; (d) terminate a user’s access to any or all parts of the Services upon any breach of these Terms of Service  or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms of Service .

 

  1. Unsolicited Ideas

 

Allens Gallery’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Allens Gallery through the Services or otherwise shall be the property of Allens Gallery, and may be treated by Allens Gallery as non-confidential and non-proprietary.

Except as expressly provided in our Privacy Policy, you give Allens Gallery an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Allens Gallery has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Services.

 

  1. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

  1. Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  1. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

  1. Pricing, Offers, and Selections

Regular and sale prices, offers, and selections found on the Services may vary from those found at Allens Gallery stores and in local Allens Gallery advertisements. Prices, offers, and selections on the Services are subject to change without notice.

 

  1. International Use

 

We control and operate the Services from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.

Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Services may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

  1. Disclaimers; Limitation of Liability

 

All content available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or typographical errors. Allens Gallery may make changes or improvements at any time.

THE CONTENTS ON THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Allens Gallery DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Allens Gallery DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Allens Gallery DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Allens Gallery) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Allens Gallery ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY Allens Gallery, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF SERVICE  OR THE PRIVACY POLICY.

 

  1. Indemnity

 

You hereby agree to defend, indemnify, and hold Allens Gallery and our affiliates, and our respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Service. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

 

  1. Your Account

 

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Allens Gallery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

  1. Contact with Third Parties and Third Party Websites

 

The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Allens Gallery shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Allens Gallery makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

 

  1. Termination

 

Allens Gallery reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

  1. Modification or Suspension of the Services

You agree that Allens Gallery may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

 

  1. Personal information

 

By submitting your information you consent to receive information and offers and promotions from allensgallery.com. Your personal information is never shared with other companies and handled with the utmost confidentiality. It is optional to be included in our customer database and if you want to be pulled off the register please contact us.

Your submission of personal information through the store is governed by our Privacy Policy. Please see more in our Privacy Policy section.

 

  1. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

  1. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. General

Allens Gallery makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Service  for any reason whatsoever: Use Restrictions, User Submissions, Unsolicited Ideas, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

 

  1. Applicable Laws

 

These Terms are governed in accordance with the laws of the State of  Arkansas, United States of America, without regard to its conflict of law provisions. You and Allens Gallery hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Allens Gallery Privacy Policy.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

  1. Changes to these Terms

 

We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.

 

  1. Complete Agreement

 

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Allens Gallery on the Services, these Terms of Service, including the Allens Gallery Privacy Policy, constitute the entire agreement between you and Allens Gallery with respect to the use of the Services and Contents.

  1. Cookies

In order to streamline internet usage and make the shopping experience more convenient allensgallery.com uses cookies. Most Web browsers automatically accept cookies. You can change the settings on your browser, you will be alerted when a cookie or decline cookies.

  1. Contact information
    Questions about the Terms of Service should be sent to us at [email protected]