Effective July 19, 2022

 

Your use of the Rise to History ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

 

Rise to History reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

 

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

 

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

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The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Rise to History its parents,  affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Rise to History.

 

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Rise to History or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Rise to History or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

 

USE OF THIS WEBSITE

 

Rise to History maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Rise to History express written consent. All rights not expressly granted here are reserved to Rise to History.

 

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

 

CANCELLATION POLICY

 

Orders must be cancelled via email and a confirmation by one of Rise to History representatives within the same business day before 6pm CST. Refused shipments may be subject to a 25% restocking fee.

 

PHONE ORDERS

 

 By placing an order over the phone you ("Customer") automatically agree to accept Rise to History Terms and Conditions.

 

PURCHASE AGREEMENT AND PAYMENTS

 

All Credit Card transactions will be processed on the same date of the order.  This capture of payment will be more than 1 business day in advance of shipment.  As Rise to History artwork is made-to-order, prints are shipped between 5-7 business days after capture of payment and custom orders are shipped between 7-10 business days after capture of payment.  By accepting delivery of any product sold from Rise to History you ("Customer") agree to be bound by the terms and conditions listed. You and Rise to History agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Rise to History. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Rise to History.

 

SALES TAX

 

Sales tax orders shipping from California will be charged applicable sales tax according to current tax rate. Please note that the sales tax for Illinois orders is calculated based upon the total price of the order, and include shipping and handling. The tax imposed by the state on shipping and handling is part of the state sales tax, not a separate tax.

 

DUTY TAX

 

All duties and taxes for orders outside of United States are to be paid by an appropriate party. Rise to History is not responsible for any billing imposed by any state outside of United States. If products are being shipped outside of United States, the recipient of the product is fully responsible for all the applicable duties and taxes. If merchandise is refused at the time of delivery, it will be returned to Rise to History where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, Rise to History holds the right to cancel the order and charge a 25% restocking fee. 

 

COPYRIGHT

 

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Rise to History. The collective work includes works that are licensed to Rise to History. Copyright 2020 and beyond, Rise to History RESERVES ALL RIGHTS. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rise to History.

 

NO WARRANTIES

 

Rise to History DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

 

Rise to History assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

 

LIMITATION OF LIABILITY

 

In no event shall Rise to History, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain  damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold Rise to History harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

 

ADDITIONAL TERMS AND CONDITIONS

 

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

 

COMMUNICATIONS WITH THIS WEBSITE

 

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Rise to History will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

 

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Rise to History cannot prevent the harvesting of information from this Website, and You may be contacted by Rise to History or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Rise to History, may or may not be posted to this Website at the sole discretion of Rise to History and may be used by Rise to History or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Rise to History is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Rise to History without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.     

 

Although Rise to History may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Rise to History is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Rise to History assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.   

 

NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT INFRINGEMENT

 

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Rise to History/Artist:

 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

2. A detailed description of the copyrighted work that You claim has been infringed.

 

3. A description of precisely where the material that You claim is being infringed is located on the Website.

 

4. Your address, telephone number, and email 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;

 

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.

 

 

Rise to History

ATTN: Lawrence Jones - Artist

P.O. Box 1651

North Highlands, CA. 95660

E-Mail: 4onecollection@gmail.com

 

 

TERMINATION

 

At its sole discretion, Rise to History may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

 

UNAFFILIATED PRODUCTS AND WEBSITES

 

Descriptions of, or references to, products, publications or Websites not owned by Rise to History or its affiliates do not imply endorsement of that product, publication, or Website. Rise to History has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

 

LINKING POLICY

 

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Rise to History. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. Rise to History does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Rise to History does not endorse the content, or any products or services available, on such web sites.

   

UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED

 

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Rise to History intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Rise to History in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties

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