Terms of Use
Welcome to the Yoffi Art website (the "Yoffi Art website"). Our services and products presented in the Yoffi Art website are provided subject to the following terms and conditions. By accessing and visiting the Yoffi Art website, 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 Yoffi Art website, to understand our privacy practices.
LICENSE AND SITE ACCESS
The Yoffi Art website grants you a limited license to access and make personal use of the Yoffi Art website, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of Yoffi 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 Yoffi Art website or any portion of the Yoffi Art website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yoffi 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 Yoffi Art website without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Yoffi Art website’s name or trademarks without the express written consent of Yoffi Art. Any unauthorized use terminates the permission or license granted by Yoffi Art. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Yoffi Art website so long as the link does not portray the Yoffi Art website, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Yoffi Art website’s logo or other proprietary graphic or trademark as part of the link without express written permission from Yoffi Art.
LIMITATIONS ON YOUR USE OF THE SITE
You agree not to:
- Obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form;
- Attempt to cause, or actually cause, any disruption of service on the Yoffi Art website or any other network or any server housing the Yoffi Art website, 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 Yoffi Art website or any other network or any server housing the Yoffi Art website 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;
- Abuse or attempt to abuse the system and resources of the Yoffi Art website in any manner;
- Violate or attempt to violate the security of the authentication and accounting procedures of the Yoffi Art website;
- Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Yoffi Art website or any of its various components.
You agree to all of the terms and conditions of Yoffi Art’s Privacy Policy, which is available here and is incorporated herein by reference.
COPYRIGHT
All content included on the Yoffi Art website, such as, but not limited to, images, text, graphics, logos, button icons, and video clips, is the property of Yoffi 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 Yoffi Art website that is not the property of Yoffi Art is used by Yoffi Art under license from the author or owner. The arrangement and compilation of all content on the Yoffi Art website are the exclusive property of Yoffi Art and are protected by U.S. and international copyright laws. All software used on the Yoffi Art website is the property of Yoffi Art or its software suppliers and is protected by United States and international copyright laws.
TRADEMARKS
Certain marks used on the Yoffi Art website are trademarks or service marks of Yoffi Art or its affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Yoffi Art or its affiliated companies. The Yoffi Art website’s trademarks and trade dress may not be used in connection with any product or service that is not Yoffi Art’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Yoffi Art website. All other trademarks and service marks not owned by Yoffi Art or its affiliates that appear on the Yoffi Art website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yoffi Art.
YOUR ACCOUNT
If you use the Yoffi Art website, 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 Yoffi Art website 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 Yoffi Art website 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 Yoffi 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 Yoffi 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 Yoffi 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. Yoffi Art takes no responsibility and assumes no liability for any content posted by you or any third party
ALL SUBMISSIONS TO YOFFI ART ARE GRATUITOUS
We encourage our users and customers to submit ideas, suggestions, or questions, to yoffiart.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 Yoffi Art. If, despite these conditions of submission, you claim that Yoffi Art is liable for use of any unpatented idea you submit, you waive any right to seek equitable relief or damages in excess of $1,000 and all liability of Yoffi Art with respect to such unpatented idea, including but not limited to Yoffi 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 Yoffi Art website 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 Yoffi Art website in a way that constitutes copyright or trademark infringement, please provide the Yoffi Art website’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Yoffi Art of your belief that your copyrighted material has been infringed.
- 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;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and email address;
- 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
- 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 Yoffi Art’s Copyright Agent at the following address:
Yoffi Art
Attention: Legal Department
150 Yamato Road
Boca Raton, FL 33431
phone: (561) 994-4422
fax: (561) 994-0207
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 Yoffi Art website.
TERMS OF PURCHASES FROM SITE
All purchases from the Yoffi Art website are made subject to the Purchase Agreement set forth here.
PRICING SUBJECT TO CHANGE
With respect to all products sold on the Yoffi Art website, we cannot confirm the price of an item until your order is received by Yoffi Art. Despite our best efforts, a small number of the items shown on the Yoffi Art website 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 Yoffi Art website as accurately as possible. However, we do not warrant that product descriptions or other content of the Yoffi Art website 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 OR 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 EMAIL 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 Yoffi Art website, 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 Yoffi Art website 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 Yoffi Art website. Your continued use of the Yoffi Art website 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 email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
The Yoffi Art website provides users the opportunity to opt out of receiving communications from the Yoffi Art website at the point where Yoffi Art requests information about the user. The Yoffi Art website gives users the following options for removing their information from our database to not receive future communications.
- You can send an email request; or
- You can send a mail request to the postal address set forth below.
CONTACT US
Yoffi Art
150 Yamato Road
Boca Raton, FL 33431
Phone: (561) 994-4422
SUBJECT TO CHANGE WITHOUT NOTICE