Terms & Conditions of Use for
Catalog Systems, Inc. DBA Boyds Gallery

Your access and use of this web site, www.BoydsGallery.com (the "Site"), signifies your agreement, without limitation or qualification, to the following Terms and Conditions of Use ("Terms"). Please read them carefully. Catalog Systems, Inc., the entity that provides this Site, reserves the right to amend these terms and policies without notice. We encourage you to review this page periodically because any changes will be binding on all users. 

This Site and all of its contents, including, but not limited to, the web site design, individual photos, individual images, graphics, text, logos, button icons, graphics, the Boyds Gallery mark and all other trademarks, trade dress, trade names, service names, any other source-identifying features, page headers, and scripts (collectively "Content"), is intellectual property owned by Catalog Systems, Inc., its vendors, or the respective manufacturers. All Content that is not owned by Catalog Systems, Inc. is displayed on this Site with permission of the respective Content owner.

Intellectual Property:
Your use of any Content, except as provided in these Terms, without the written permission of the respective Content owner, who may or may not be legally affiliated with, connected to, or sponsored by Catalog Systems, Inc., is strictly prohibited and constitutes unlawful infringement of intellectual property in violation of United States and international intellectual property laws. Use of the trademarks or any other source-identifying Content owned by Catalog Systems, Inc. in any publication, including, but not limited to, electronic publications such as web sites, in connection with any product or service that is not owned by Catalog Systems, Inc. in any manner that is likely to cause confusion or deception among customers, or in any manner that disparages or discredits Catalog Systems, Inc. or Boyds Gallery also constitutes unlawful trademark infringement in violation of United States and international trademark laws, except when used with the written permission of Catalog Systems, Inc.. Catalog Systems, Inc. will enforce its intellectual property rights to the fullest extent of the law, including civil relief and criminal prosecution. 

License & Site Access:
Catalog Systems, Inc. grants you a limited license to access and make personal use of this Site. Except for merchandise images, descriptions, or sales records copied or printed for personal, individual use, this limited license does not grant the right to copy, reproduce, or distribute the content of this Site, including, but not limited to, the web site design, all images, and all text. 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. This Site or any portion of this Site may not be reproduced, duplicated, copied, displayed, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Catalog Systems, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, web page layout, or form) of Catalog Systems, Inc. and its affiliates without express written consent of the respective owner. You may not use any links, meta tags or other "hidden text" utilizing BoydsBearsGallery's name or trademarks without the express written consent of Catalog Systems, Inc. Any unauthorized use terminates the permission or limited license granted by Catalog Systems, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BoydsGallery.com only for information purposes so long as the link does not portray BoydsGallery.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BoydsGallery.com logo, trademark, or other proprietary graphic as part of the link without express written permission from the respective owner.

Privacy:
Please review our Privacy Statement, which also governs your use and access of BoydsGallery.com. 

Copyright Complaints:
Catalog Systems, Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Electronic Communications:
When you visit this Site or otherwise communicate with us electronically, you consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Risk of Loss:
All items purchased from BoydsGallery.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you receive damaged or defective merchandise, please review our Returns and Exchanges policy.

Product Descriptions:
Catalog Systems, Inc. and its vendors attempt to be as accurate as possible. However, Catalog Systems, Inc. does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by BoydsGallery.com itself is not as described, your sole remedy is to return it in unused condition. 

Other Businesses:
This Site may contain links to other sites, which are provided solely for your convenience. Such links are provided for your convenience only. Catalog Systems, Inc. is not responsible for the availability or security of external sites or resources linked to this Site, does not control or endorse, examine, or evaluate, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Catalog Systems, Inc. Catalog Systems, Inc. does not assume any responsibility or liability for the actions, products, or web site content of any and all third parties. Because Catalog Systems, Inc. is not responsible for and does not control these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

Disclaimer of Warranties & Limitation of Liability:
THIS SITE IS PROVIDED BY CATALOG SYSTEMS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. BoydsBearsGallery.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CATALOG SYSTEMS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CATALOG SYSTEMS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BOYDSBEARSGALLERY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CATALOG SYSTEMS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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

Disputes:
Any dispute relating in any way to your visit to BoydsGallery.com or to products you purchase through BoydsGallery.com shall be submitted to confidential arbitration in Augusta County, VA, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Catalog Systems, Inc. BoydsGallery.com may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification & Severability:
Please review our other policies, such as our Privacy Policy, posted on this Site. These policies also govern your visit to BoydsGallery.com. We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. 

Applicable Law:
By visiting BoydsGallery.com, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Catalog Systems, Inc. or its affiliates.

Contact Information:
If you have any questions or suggestions regarding our Terms & Conditions of Use or our Privacy Policy, please contact us via any of the methods below:


Postal Mail:
ATTN: Privacy Administrator
Boyds Gallery
417 West Main Street
Waynesboro, VA 22980-4510

E-Mail:  
info@silvergallery.com

Fax:
(540) 942-7272

Internet:
http://www.boydsgallery.com

© Catalog Systems, Inc. 2007. All Rights Reserved.