Terms of Use

Welcome to the Rosenbaum Fine Art web site (the "RFA Web site"). Our services and products presented in the RFA Web site are provided subject to the following terms and conditions. By accessing and visiting the RFA Web site, you agree to be contractually bound by the terms and conditions set forth in this Agreement, or otherwise in effect at the time of your visit. Please read them carefully.

WE RESPECT YOUR PRIVACY

You should review our Privacy Policy, which also governs your visit to the RFA Web site, to understand our privacy practices.

LICENSE AND SITE ACCESS

The RFA Web site grants you a limited license to access and make personal use of the RFA Web site, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of Rosenbaum Fine Art. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The RFA Web site or any portion of the RFA Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rosenbaum Fine Art. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the RFA Web site without express written consent. You may not use any meta tags or any other "hidden text" utilizing the RFA Web site’s name or trademarks without the express written consent of Rosenbaum Fine Art. Any unauthorized use terminates the permission or license granted by Rosenbaum Fine Art. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the RFA Web site so long as the link does not portray the RFA Web site, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the RFA Web site’s logo or other proprietary graphic or trademark as part of the link without express written permission from Rosenbaum Fine Art.

LIMITATIONS ON YOUR USE OF THE SITE

You agree not to:

1. Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;

2. Attempt to cause, or actually cause, any disruption of service on the RFA Web site or any other network or any server housing the RFA Web site, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, inserting or injecting into the RFA Web site or any other network or any server housing the RFA Web site any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful contents or components, or to engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;

3. Abuse or attempt to abuse the system and resources of the RFA Web site in any manner;

4. Violate or attempt to violate the security of the authentication and accounting procedures of the RFA Web site;

5. Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the RFA Web site or any of its various components.

You agree to all of the terms and conditions of RFA's Privacy Policy, which is available here, and is incorporated herein by reference.

COPYRIGHT

All content included on the RFA Web site, such as, but not limited to, images, text, graphics, logos, button icons, and video clips, is the property of Rosenbaum Fine Art unless otherwise expressly stated, and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the RFA Web site that is not the property of Rosenbaum Fine Art is used by Rosenbaum Fine Art under license from the author or owner. The arrangement and compilation of all content on the RFA Web site are the exclusive property of Rosenbaum Fine Art and are protected by U.S. and international copyright laws. All software used on the RFA Web site is the property of Rosenbaum Fine Art or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Certain marks used on the RFA Web site are trademarks or service marks of Rosenbaum Fine Art or its affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Rosenbaum Fine Art or its affiliated companies. The RFA Web site’s trademarks and trade dress may not be used in connection with any product or service that is not Rosenbaum Fine Art’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the RFA Web site. All other trademarks and service marks not owned by Rosenbaum Fine Art or its affiliates that appear on the RFA Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rosenbaum Fine Art.

YOUR ACCOUNT

If you use the RFA Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may use the RFA Web site only under the supervision and with the approval of your parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Subject to the terms of this Agreement, visitors to the RFA Web site may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

If you do post content, and unless we indicate otherwise, you grant Rosenbaum Fine Art and/or its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rosenbaum Fine Art and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rosenbaum Fine Art for all claims resulting from the use of content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. Rosenbaum Fine Art takes no responsibility and assumes no liability for any content posted by you or any third party

ALL SUBMISSIONS TO ROSENBAUM FINE ART ARE GRATUITOUS

We encourage our users and customers to submit ideas, suggestions, or questions, to rosenbaumfineart.com only on a gratuitous basis. Accordingly, all such submissions by you are made gratuitously and without expectation of compensation for consideration or use thereof. In addition, all such submissions are made without any commitment of confidentiality by Rosenbaum Fine Art. If, despite these conditions of submission, you claim that Rosenbaum Fine Art is liable for use of any unpatented idea you submit, you waive any right to seek equittable relief or damages in excess of $1,000 and all liability of Rosenbaum Fine Art with respect to such unpatented idea, including but not limited to Rosenbaum Fine Art’s use or disclosure thereof.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the RFA Web site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING COPYRIGHT AND TRADEMARK INFRINGEMENT

If you believe that your work has been copied, distributed or used on the RFA Web site in a way that constitutes copyright or trademark infringement, please provide the RFA Web site’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Rosenbaum Fine Art of your belief that your copyrighted material has been infringed.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest and a copy of your copyright documentation;

2. A description of the copyrighted work that you claim has been infringed upon;

3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send your claim to Rosenbaum Fine Art’s Copyright Agent at the following address:

Rosenbaum Fine Art
Attention: Legal Department
150 Yamato Road
Boca Raton, FL 33431
phone: (561) 994-4422
fax: (561) 988-1884

USE OF RECOMMENDATION SERVICES

We offer our users and customers certain services that involve the use of images of our products. The product images provided are protected by United States and international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than the RFA Web site.

TERMS OF PURCHASES FROM SITE

All purchases from the RFA Web site are made subject to the Purchase Agreement set forth here.

PRICING SUBJECT TO CHANGE

With respect to all products sold on the RFA Web site, we cannot confirm the price of an item until your order is received by Rosenbaum Fine Art. Despite our best efforts, a small number of the items shown on the RFA Web site may be mispriced. A detailed explanation of our pricing terms is set forth in our Purchase Agreement here.

PRODUCT DESCRIPTIONS

We attempt to describe the products offered on the RFA Web site as accurately as possible. However, we do not warrant that product descriptions or other content of the RFA Web site are accurate, complete, reliable, current or error-free. A detailed explanation of our product description terms is set forth in our Purchase Agreement here.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS DISPLAYED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the RFA Web site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement. Any dispute relating in any way to your visit to or use of the RFA Web site shall be adjudicated in any Florida state or federal court in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the RFA Web site. Your continued use of the RFA Web site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ELECTRONIC COMMUNICATIONS; CHOICE/OPT-OUT

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

The RFA Web site provides users the opportunity to opt-out of receiving communications from the RFA Web site at the point where Rosenbaum Fine Art requests information about the user. The RFA Web site gives users the following options for removing their information from our database to not receive future communications.

1. You can send an email request ; or

2. You can send a mail request to the postal address set forth below.

CONTACT US

Rosenbaum Fine Art
150 Yamato Road
Boca Raton, Fl 33431
Phone: (561) 994-4422

SUBJECT TO CHANGE WITHOUT NOTICE