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Terms of Use

Acceptance of Terms and Conditions of Use

Welcome to www.britto.com, www.magicalthinkingart.com, www.brittolicensing.com, and www.shopbritto.com (together, the “Britto Websites”). Britto Central, Inc. (“Britto Central”) provides the Britto Websites subject to the following terms and conditions. BY ACCESSING THE BRITTO WEBSITES, YOU AGREE TO BE CONTRACTUALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS (the "Terms and Conditions"). BRITTO CENTRAL MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU AT THE TIME OF APPLICABLE FUTURE VISITS. You should therefore review these Terms and Conditions regularly. You will know if the Terms and Conditions have been revised since your last visit to the Britto Websites by referring to the “Effective Date of Current Terms and Conditions” date at the top of this page. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE BRITTO WEBSITES NOW AND REFRAIN FROM FURTHER USE.

PROTECTION OF PRIVACY

Britto Central is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Britto Websites is governed by Britto Central’s Privacy Policy, which is incorporated herein as if restated in full. Please note that the Britto Websites are not specifically dedicated to children and Britto Central does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the Britto Websites.

TRADEMARKS

Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, et al. that appear on the Britto Websites are registered and unregistered trademarks, service marks, or trade dress of Britto Central, including but not limited to BRITTO, ROMERO BRITTO, and the Romero Britto signature (all the preceding together are the “Britto Trademarks”). You may not use the Britto Trademarks without Britto Central’s prior, written permission.

The trademarks of third parties may also appear on the Britto Websites from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Britto Websites grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Britto Trademarks or may be construed to mean that Britto Central has authority to grant any right or license on behalf of any third party trademark owner.

ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS

Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the Britto Websites (collectively “Content”) are protected by U.S. and international copyright laws and may be covered by other restrictions as well. Britto Central retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the material on the Britto Websites may also subsist in individuals and entities other than, and in addition to, Britto Central. Britto Central expressly prohibits the copying of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. Britto Central does not grant any express or implied permission to use any Content in the absence of express written permission from Britto Central. Unauthorized copying, publication or exploitation of Britto Central’s Content is specifically prohibited. Anyone wishing to use any Content for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.

LICENSE AND SITE ACCESS

Britto Central grants you a limited license to access and make personal use of the Britto Web Sites, but not download (other than page caching) or modify it, or any portion of it, except with express written consent of Britto Central. 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 Britto Websites or any portion of the Britto Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Britto Central. 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 Britto Websites without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Britto Websites’ name or trademarks without the express written consent of Britto Central. Any unauthorized use terminates the permission or license granted by Britto Central. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Britto Websites so long as the link does not portray the Britto Websites, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Britto Websites’ logo or other proprietary graphic or trademark as part of the link without express written permission from Britto Central.

RESERVATION OF RIGHTS

All rights and licenses not expressly granted by Britto Central herein are specifically and completely reserved. Nothing on the Britto Websites or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Britto Central has authority to grant any right or license on behalf of any third party.

SUBMISSIONS

Any communication or material you post, transmit, or distribute to or via the Britto Websites by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like is and will be treated as non-confidential and nonproprietary. Anything you transmit or post may be used by Britto Central or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting (but excluding information governed by the Privacy Policy Furthermore, Britto Central is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Britto Websites for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information (but excluding information governed by the Privacy Policy.

TERMS OF PURCHASES FROM BRITTO OFFICIAL POP ART SHOP

All purchases from the BRITTO OFFICIAL POP ART SHOP are made subject to the terms and conditions set forth here. Britto Central does not warrant that product descriptions or other content of the Britto Websites are 100% accurate, complete, reliable, current or error-free. If a product offered by BRITTO OFFICIAL POP ART SHOP and purchased by You is not as described, Your sole remedy is pursuant to the returns procedures and policies set forth here

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 Britto Websites or any other network or any server housing the Britto Websites, 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 Britto Websites or any other network or any server housing the Britto Websites 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 Britto Websites in any manner;
  4. Violate or attempt to violate the security of the authentication and accounting procedures of the Britto Websites;
  5. Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Britto Websites or any of its various components. Britto Central may block, restrict, disable, suspend or terminate your access to all or part of the Britto Websites and Content at any time in Britto Central's discretion, without prior notice or liability to you.

WARRANTY AND INDEMNIFICATION

By using the Britto Websites in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Britto Central, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Britto Websites.

DISCLAIMER OF WARRANTIES

BRITTO CENTRAL PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. BRITTO CENTRAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. BRITTO CENTRAL DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. BRITTO CENTRAL MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. BRITTO CENTRAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER BRITTO CENTRAL, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

SEVERANCE AND WAIVER

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Britto Central's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Britto Central.

VENUE AND CHOICE OF LAW

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Miami-Dade County in the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction or forum non conveniens in these courts.

ENTIRE AGREEMENT

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Questions? Contact Britto Central orders@britto.com for further information.

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