Terms and Conditions

MyDogandMe, a Division of Vior International, LLC, owns and maintains this website MyDogandMe.com (the "Site"). The following legal terms and conditions ("Terms and Conditions") govern your use of the Site and/or the purchase of works of art, products and/or services ("Artwork, Products and/or Services") through the Site. By accessing, viewing, or using the material on the Site, or purchasing Artwork, Products and/or Services through the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to access or use the site and should exit immediately.

Intellectual property information.
All material contained in the Site is protected by law, including but not limited to United States copyright law. Except as indicated, the entire content of the Site, including the images, text and look-and feel attributes of the Site is ©2002 MyDogandMe. All rights reserved. Removing or altering the copyright notice on any material on the site is prohibited. Copyright and other intellectual property laws protect the Site's software, documentation, electronic text and image files, audio and video clips, and other material, including reproductions of works of art licensed to MyDogandMe by third parties ("Materials"). Other restrictions may also apply. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than MyDogandMe. MyDogandMe strictly prohibits the copying, display, publication, distribution, modification, or exploitation for commercial or other purposes of any protected Materials on the Site.

Requests for use of Materials, in whole or in part, should be sent to the following

MyDogandMe
9205 Baileywick Road Suite 203, Raleigh, NC 27615
Fax 919-841-9334
cs@MyDogandMe.com

Permission for such use is granted on a case-by-case basis at the sole discretion of MyDogandMe and/or its licensors. A usage fee may be involved depending on the scope, nature and purpose of the proposed use.

All trademarks, service marks, logos, and mission statement (collectively "Trademarks") on the site, including the MyDogandMe logo and mission statement, are proprietary to MyDogandMe. Use or misuse of the Trademarks is expressly prohibited and may violate federal and state trademark laws. Nothing contained in the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademarks displayed on the Site without written permission of MyDogandMe. Please be advised that MyDogandMe actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Conditions governing sale of Artwork, Products, and/or Services.

Acceptance.
Orders placed by Users through the Site for the purchase of Artwork, Products and/or Services shall be deemed to constitute an offer by the User (also referred to herein as "Purchaser") to enter into a contract on these Terms and Conditions, which offer shall be accepted by MyDogandMe by shipping the order.

Payment.
Payment of the Purchase Price specified on the Site Order Page for each Artwork, Product and/or Service selected by Purchase, and any applicable delivery/shipping/insurance costs, or other expenses of any kind or nature, including but not limited to sales tax, customs duties, artist resale royalties, export or import charges (collectively "Shipping and/or Other Expenses"), is due in full by an acceptable credit card, wire transfer, or check (when check clears bank) at the time of shipment. For international purchases we prefer wire transfers or bank checks and we will not ship until the money has cleared the bank. We can accept credit cards on international purchases, but we will not consider the purchase complete until we have verified the validity of the credit card through direct communication with the purchaser.

Sales tax.
Purchasers requesting delivery within the State of North Carolina agree to pay all applicable North Carolina State sales tax, currently 6%, due on the sale of the Artwork, Products, and/or Services.

Delivery.
MyDogandMe will, on receipt of the Purchase Price and any applicable Shipping and/or Other Expenses, arrange for delivery of the Artwork and/or Product to the Purchaser via common carrier ("Shipper") at the address specified on the Site Order Page. Shipper, Artist, and/or MyDogandMe will pack and insure the Artwork and/or Product for at least the full Purchase Price and name MyDogandMe as the insured party. In the instances where customers have opted to pick up their purchases, sale will be "As Is" and MyDogandMe shall not be bound by the terms of this paragraph.

Artwork description page.
Sales of all Artwork, Products, and/or Services are governed by these Terms and Conditions, as well as any detailed exceptions as included in individual Artwork, Product and/or Service descriptions on the Site. While MyDogandMe is committed to providing excellent customer service, Purchasers must note that, due to their inherent characteristics, Artwork may require additional handling or other considerations as stated in an Artwork's description page that may modify these Terms and Conditions.

Title.
MyDogandMe and Purchaser agree that the sale of Artwork and/or other Products and the transfer of title in the Artwork, Products and/or Services from the Artist to Purchaser shall take place only after the Purchaser has paid the Purchase Price and Shipping and/or Other Expenses in full as provided herein, and the Purchaser takes actual possession of the Artwork, Products, and/or Services. At such time as title passes to Purchaser, risk of loss will also pass to Purchaser, and if the Artwork and/or other Product are damaged in transit, Purchaser should contact MyDogandMe immediately at cs@MyDogandMe.com for further instructions on how to proceed.

Returns.
Purchaser may return an Artwork and/or other Product, in the same condition as received by Purchaser, for a full credit of the Purchase Price (less any Restocking Service Fee) for any reason within seven (7) days after delivery of the Artwork and/or other Product. After seven days following delivery of the Artwork and/or other Product, all sales are final. All returns are to be made directly to MyDogandMe or to the artist, when so directed by MyDogandMe. Purchaser must notify MyDogandMe by phone or email of intent to return an Artwork and/or other Product within seven (7) days after delivery of the Artwork and/or other Product and prior to its return shipment. The costs of shipping and insurance on returns are the responsibility of the Purchaser.

Note on Restocking Service Fee.
Purchaser may be required to pay a Restocking Service Fee for Artwork and/or other Product returned to MyDogandMe. This fee may be 25% of the Purchase Price, but no more than $1000.

Note on commissioned and custom-made Artwork.
All sales are final! Purchaser's credit card will be charged at the time an order is approved by purchaser and no refunds - only credits- will be permitted or accepted.

Unavailability of Artwork and/or other Products.
All Artwork and/or other Products featured on the Site are offered on a first-come basis. As between two or more potential Purchasers of a given Artwork and/or other Product, the potential Purchaser who first submits a complete and otherwise acceptable Order, via the Site Order Page, shall have first rights to purchase a given Artwork and/or other Product. Notwithstanding the foregoing, MyDogandMe does not guarantee the availability for purchase of any Artwork and/or other Product featured on the Site. Moreover, in its sole and exclusive discretion, and for any reason whatsoever, MyDogandMe reserves the right to withdraw from sale, or unwind any transaction for the purchase of, any Artwork and/or other Products before the actual transfer of title to the Purchaser as provided above/herein. In the event an Artwork and/or other Product is unavailable for any reason, the Purchaser may, at his or her option, obtain (1) a full refund of any amounts paid to MyDogandMe or, (2) a full credit for amounts paid applicable to the purchase of any other Artwork and/or other Products available at that time.

Remedy for Purchaser's Failure.
If any of the Terms and Conditions herein are not complied with in a timely manner by the Purchaser, in addition to other remedies available to MyDogandMe by law, including without limitation the right to hold Purchaser liable for the Purchase Price, MyDogandMe may hold the Purchaser liable for any and all costs of collection, reoffer, handling charges, commission, and any legal fees and expenses attributable to Buyer's breach of the Terms and Conditions.

Copyright in Artwork.
The Artist reserves all rights protected under the United States Copyright Act in all Artwork purchased by the Purchaser. The sale of a given Artwork does not include any assignment, transfer or license to Purchaser of the right to reproduce, modify or create derivative works of any Artwork, unless such right is expressly granted in writing by the Artist.

Communications with and/or postings on the Site.
MyDogandMe welcomes feedback and suggestions about how to improve the Site and our services, and may offer users access to discussion areas designed to facilitate communication between and among users of the Site regarding the contents of the Site. Any ideas, suggestions or postings submitted to the Site shall be deemed accompanied by permission for MyDogandMe to adopt and use them without additional consideration. By transmitting any information, suggestions, material, or other content to mydogandme.com, you automatically grant MyDogandMe the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Furthermore, MyDogandMe is free to use any content of communications you send to the Site for any purpose whatsoever, including but not limited to creating and marketing products and/or services using such information. MyDogandMe is not responsible for the consequences of reliance on any information contained in or submitted to the Site.

Privacy statement
MyDogandMe has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have such information about you collected or used. (click here to view the Privacy Policy, which is incorporated by reference, as if set forth fully herein.)

Disclaimer of warranty and liability.
Use of this Site is entirely at your own risk. Certain content may be considered objectionable by individual users, and users must exercise their discretion in allowing minors to use the Site. These materials are provided "As Is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MyDogandMe shall not be liable for any special, indirect, incidental, or consequential damages , including without limitation, lost revenues or lost profits, which may result from the use of or reliance on these materials or the sale, offering or purchase of Artwork and/or other Products via the Site. Any and all Artwork and/or other Product offered for sale by MyDogandMe on the site is offered "As Is" and MyDogandMe hereby disclaims all other representations and warranties, express or implied, in connection with the sale of any Artwork and/or other Product, including without limitation and warranties of fitness for a particular purpose, marketability, non-infringement, value, rarity, importance or condition. No statement, either oral or written, shall be deemed such a guarantee, warranty or representation.

Corrections and changes.
While we endeavor to keep the Materials up to date, MyDogandMe cannot assume responsibility for errors or omissions in these materials. MyDogandMe does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. MyDogandMe may make changes to the Materials, or to the products/services described herein or offered through the Site, at any time without notice, and makes no commitment to update the information contained herein. MyDogandMe reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions.

Indemnification.
You agree to defend, indemnify, and hold harmless MyDogandMe and all of its directors, officers, employees, representatives, proprietors, partners, shareholders, affiliates, principals, agents, predecessors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys' fees and litigation expenses) relating to or arising from your use of the Site, your purchase of any Artwork, Product and/or Service via the Site, the delivery of Artwork and/or Product to a location specified by you, and/or any breach by you of these Terms and Conditions.

Export control.
MyDogandMe reserves the right to decline or cancel any orders originating in or directed to countries where export from the United States may be prohibited or require governmental authorization. By placing an order through the site, you represent that, to your knowledge, no such restriction exists with respect to your order. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Artwork and/or other Product and/or Materials.

Links to other websites.
This Site may provide links to other sites on the World Wide Web for your convenience in locating information and services. These sites are maintained by organizations or third parties over which MyDogandMe exercises no control, and accordingly, MyDogandMe expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. MyDogandMe does not control, endorse, promote, or have any affiliation with any other website unless expressly stated.

Use of the internet.
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. MyDogandMe will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Governing law and jurisdiction.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its choice of law rules. By accessing, viewing, or using the Material on this Site, or purchasing Artwork, Products and/or Services via the Site, you consent to the jurisdiction of the federal and state courts residing in the State of North Carolina, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by MyDogandMe from its offices within the United States. MyDogandMe makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

Minors.
The Site is intended for use by individuals ages 18 years or older and by households with persons ages 13 years or older. If you are under 18 years of age and want to visit the Site, you must receive parental approval. Also, teenagers between the ages of 13 to 18 must have approval to participate in any surveys or other programs that
MyDogandMe offers. If you are under 13 years of age, you cannot purchase Artwork or register with MyDogandMe and should not otherwise send us any personal information.