Artistic Tile | Terms Of Use
Terms Of Use

Terms of Use – Artistic Tile

 

Acceptance of the Terms of Use

Welcome to the website of Artistic Tile, Inc. ("Company", “Artistic Tile”, “our”, "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, http://www.artistictile.com, including any related web pages, content, functionality and services offered thereon (the "Website").  PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. 

 

Your use of the Website in any form signifies your unconditional acceptance of and agreement to be bound by these Terms of Use and shall have the same force and effect as if you had actually signed an agreement embodying these terms.  If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  This Website is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America. 

 

Privacy Policy

The Company’s Privacy Policy [INSERT LINK] describes our privacy practices with regard to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Use.


Modifications to Terms of Use
We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Website.  You will be notified of any material changes to our Terms of Use on this page under “Last Update”, below.  It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made.  We may also notify registered users of material changes to these Terms of Use by email or on their user account page.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Last Update

Our Terms of Use were last updated on December 11, 2011.


Intellectual Property Rights and Restrictions

The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the "Content") is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned, controlled and/or licensed by Artistic Tile or any other party attributed as the owner or provider of any aspect of such Content.  You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website.  No right relating to any intellectual property of Artistic Tile or any other party is transferred to you or any other person as a result of the use of this Website.   

 

Website Access and Limited License

Artistic Tile grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Website and its Contents for your personal use only.  You may download a copy of the Website (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, with respect to the copyrights, trademarks and service marks of Artistic Tile, its affiliates or any third parties that are identified).  Except as otherwise provided herein, You may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Artistic Tile.  In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Website or any Content.  We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms of Use.

Registration

Certain areas of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential.  The protection of your username and password is your responsibility.  If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

 

Changes to Website
We may change, suspend or discontinue and/or restrict the use of all or any portion of the Website (including the availability of any products, publications, digital downloads, data or other information contained or available on the Website), at any time for any reason and without notice or liability.  We reserve the right, with or without notice to you, to change any of the products or services offered on the Website or any other aspect of the Website including, but not limited to, hours of operation, site maps, menu structures, access procedures, buttons, articles, brochures, publications, digital downloads, and/or service providers. 

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·         In any way that violates any applicable federal, state, local and international law or regulation.

·         To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

·         Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website

·         Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).

·         Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.

·         Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.

·         Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).

·         Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.

 

Linking
The Website may link to other Internet websites and resources, including to the websites operated by advertisers and other third parties.  The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Artistic Tile of such other website(s), and is for your reference and convenience only.  Artistic Tile has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy thereof).  Linking to any third party website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s).  

 

You may create a hyperlink to the homepage of our Website, provided that (i) you do not create a link to any part of the Website other than the homepage; (ii) you do so in a way that is fair and legal and does not damage our reputation or portray the Website, the Content, Artistic Tile and/or its affiliates, or our products or services in any false, misleading, derogatory, or otherwise offensive manner; (iii) you do not establish a link from any website not owned by you; (iv) such link does not suggest any form of association, approval or endorsement on our part where none exists; (v) such link accurately displays the Website or Content in full (including all copyrights, trademarks, service marks, branding, advertising and promotional materials) and as originally displayed on the Website (without alteration of any kind); and (vi) you do not in any circumstance "frame" the Website or any of its Content on any other website.  Any other use of the Website, Content or any intellectual properties of Artistic Tile as part of any link to the Website without Artistic Tile’s express written permission are strictly prohibited.  We reserve the right at any time, in our sole discretion, to withdraw the linking permission described in this paragraph without notice.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

 

Product Information

Although we have made every effort to display as accurately as possible the colors, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, description of products, or other Content on this Website.  Artistic Tile reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions. 


User-Generated Content

The Website may contain message boards, chat rooms, blogs, personal web pages, or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Website (collectively, “User Generated Content”).  All User Generated Content must comply with the Content Standards set out below in these Terms of Use.  All User Generated Content you post to the Website will be considered non-confidential and non-proprietary, and Artistic Tile shall have the right to use, copy, distribute and disclose to third parties any such material for any such purpose.  Through your posting of User Generated Content, you grant to Artistic Tile and its affiliates the irrevocable, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time.  Artistic Tile has no obligation to provide attribution for any User-Generated Content you provide.   By posting User-Generated Content, you represent and warrant that: (i) you either own or control all rights in and to the User-Generated Content and have the right to grant the Company and its affiliates the license granted above; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) you waive any moral rights you may have, including if the User-Generated Content is changed in a manner not agreeable to you.

 

You understand and acknowledge that you are solely responsible for the User-Generated Content you submit, post, email or otherwise make available through the Website.  Artistic Tile has no duty to monitor, pre-screen or regularly review submissions made to the Website.  Notwithstanding the foregoing, Artistic Tile has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including Content Standards), in Artistic Tile’s sole discretion.   Artistic Tile does not take any responsibility or assume any liability for any User-Generated Content posted by you or any third party, including the failure to maintain the same.  All opinions expressed by users in User-Generated Content, other than content expressly posted by the Company, are expressed strictly in such user’s individual capacity and do not reflect the opinion of the Company.  All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Artistic Tile in its sole discretion.  If you do not agree to these terms, do not submit any User-Generated Content.    

 

Content Standards

These content standards (the “Content Standards”) apply to any and all User Generated Content.  Without limiting the foregoing, User Generated Content must not:

§          Contain any material which is libelous, defamatory, obscene, pornographic, indecent, harassing, violent , hateful, inflammatory or otherwise illegal;

§          be threatening, abusive, or disruptive to Artistic Tile or other users (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity. 

§          abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.

§          infringe any party's intellectual property rights, including without limitation copyrights and trademarks;

§          use another person’s name or impersonate another, or use a fake or alternative identity that is misleading or is for a deceptive purpose;

§          violate any applicable law, or violate any party's rights;

§          contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, "worms" or constitutes any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act); or

§          promote, offer or advertise any products or services, involve commercial activities, or solicit any funds or consideration.

User Identity and Privacy

Artistic Tile does not warrant or claim to have verified the identity of any user providing User Generated Content.  There may be users who post under a false identity.  Artistic Tile reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of the law.  For information on our privacy policies regarding personal information collected on the Website, please see our Privacy Policy.

Indemnification
You shall indemnify, defend and hold harmless Artistic Tile, its affiliates, and their respective officers, directors, managers, agents, employees, shareholders, service providers, suppliers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Website or breach of these Terms of Use by you or any user of your account.  Artistic Tile reserves the right, at its own expense, to assume the exclusive defense and control of any such Proceeding otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Artistic Tile.

Disclaimer of Warranties
THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS.  NEITHER ARTISTIC TILE, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS). 

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTISTIC TILE AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

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

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ARTISTIC TILE OR ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING,  WITHOUT LIMITATION,  ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ARTISTIC TILE OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTISTIC TILE AND ITS ASSOCIATED PERSONS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $100, IN THE AGGREGATE.

 

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.   

Choice of Law; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to its principles of conflict of laws.  The sole and exclusive jurisdiction for any claim, dispute or Proceeding (“Action”) arising out of or related to these Terms of Use shall be in the State or Federal courts located within Hudson County in the State of New Jersey.  You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise.  To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise.  You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred.  Notwithstanding the foregoing, (1) if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (2) we reserve the right to bring an Action against you for a breach of these Terms of Use in your state of residence or any other relevant country (if you reside outside the U.S.).  

Copyright Violations

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers.  Please direct all such notifications to: HRsupport@artistictile.com and insert “Re: Copyright Violation” in the subject line header of the email.

 

Severability; Waiver

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

Entire Agreement

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Artistic Tile with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

 

Contact Us

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: HRsupport@artistictile.com; Mail us at: Artistic Tile

520 Secaucus Rd.

Secaucus NJ, 07094

; or call us at: 201-864-7000.

 

(c) ARTISTIC TILE, INC.  ALL RIGHTS RESERVED.

 

 

Privacy Policy – ARTISTIC TILE

 

Introduction

Thank you for visiting www.artistictile.com, including any related web pages, content, functionality and services offered thereon (the "Website"), which is operated by Artistic Tile, Inc. (“Company”, “Artistic Tile”, “us”, “our” or “we”).  This privacy policy (the “Privacy Policy”) should be read together with, and is incorporated by reference into, the Website’s terms of use (the “Terms of Use”) www.artistictile.com/terms-of-use.aspx

 

Artistic Tile respects the privacy of our customers and the users of our Website and has instituted the policies and practices described in this Privacy Policy to ensure that your personal information is handled in a responsible manner.  This Privacy Policy describes the types of personal information we may collect from you when you visit our Website or our stores, how we use and protect this information, and when we share it with third parties or affiliates, among other things.  This Privacy Policy does not apply to information collected on any other website or application, such as those operated by a third party or, except as otherwise disclosed herein, any affiliate or subsidiary of the Company, that may link to, or be accessible from, the Website.   See “Links to Other Websites” below.

 

By accessing or using the Website, you acknowledge, understand and agree to be bound by the terms of this Privacy Policy and you consent to the collection and use by Artistic Tile of the information about you as described herein.  Please do not submit  your personal information if you do not want it to be collected, used, and disclosed as described in the Privacy Policy. 

 

Intended Users

This Website is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America.  By providing personal information through the use of this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and waive any claims that may arise under applicable foreign laws.

 

Modifications to Privacy Policy

The information on this Website and our Privacy Policy are subject to change from time to time in our sole discretion.  You will be notified of any material changes to our Privacy Policy on this page under “Last Update”, below.   Your continued use of the Website on or after the date of any such changes or update(s) shall constitute your agreement to any such updated Privacy Policy.  We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current Privacy Policy.

 

Last Update

Our policy was last updated on December 11, 2011.

 

Frequently Asked Questions

What information does Nine West collect?
How does Nine West use this information?
How can you access your information?
How does Nine West protect your information?
Does Nine West disclose your information to others?
How does Nine West protect a child's privacy?
Does ninewest.com have links to other web sites?
Copyright and Trademark Notice

What Information Does Artistic Tile Collect?

Artistic Tile collects data that you voluntarily provide on the Website through transactions, user registration on the Website, surveys, sweepstakes, or contests; that you provide to our sales associates in our Company-owned or affiliated stores; or through phone, e-mail, mail and fax interactions or paper registrations that you submit to us.  In the event we conduct surveys or run a contest or sweepstakes, a set of rules or terms governing the survey, contest or sweepstakes will be provided – please read such rules carefully before participating in or entering any survey, contest or sweepstakes relating to this Website.


Artistic Tile may collect and store two types of information: "personal information" and "automatic information."

“Personal information” is personally identifiable information about you including, but not limited to, your name, gender, billing address, shipping address, email address, telephone number, date of birth or age, any personal preferences you choose to provide, transaction details such as style, size, price, discount, date, store, and an assigned password to protect your privacy.


“Automatic information” is information that we collect automatically whenever you interact with this Website, such as your IP address, the type of computer you use, and the web browser you use.  An IP address is a number assigned to your computer when you connect to the Internet. Each time you visit this Website, our web server may automatically recognize and collect this information.

Automatic information also includes "cookies" and "web beacons."  A "cookie" is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Among other things, cookies provide a means for us to keep track of your online patterns and preferences. By understanding which areas of the website you visit, cookies allow us to present information, products and services that are of personal interest. A cookie will not allow us to learn any personal information (such as your real name and address) that you have not otherwise disclosed. Most browsers are initially set up to accept cookies. You can change your browser so that it will not automatically accept cookies. However, if you do so, it is possible that some portions of the Website may not function as intended. "Web beacons", also known as clear GIFs or single-pixel GIFs, are small image files that we may place on web pages within this Website and within web-based email newsletters that we send.  Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific web page and the number of times those web pages are displayed. We can also use web beacons to let us know how many people opened a web-based email newsletter.

We may associate automatic information with your personal information. In the event of such association, such automatic information will be considered personal information.

 

Some advertisements on the Website are provided by third-party advertisers. Please note that our advertisers may also use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about our users. We do not have control over third-party advertisers' tracking technologies or practices or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly. 

How Does Artistic Tile Use This Information?

Artistic Tile uses this information to provide the products and services that you have ordered or requested, to confirm, process and ship sales transactions, to send order and shipping confirmations, to contact you with questions or communications about your order, or to respond to your customer service inquiries.

Artistic Tile also uses this information to enhance and personalize your shopping experience, both online and in our stores, to communicate with you for marketing and promotional purposes (including via targeted postal pieces, phone messages, newsletters, or emails); to gauge the effectiveness of such promotional communications; to administer, analyze, and improve the effectiveness of our Website; to document our business activities; and for archival and record retention purposes. 

 

We do not want to receive confidential or proprietary information or trade secrets through this Website.  Any such information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

 

How Can You Access Your Information?

You may access and edit the personal information that is stored in your user account on this Website by signing or logging in on the Website. Simply click on the "Sign In" or “My Account” link from the home page and enter your email address and password to access your information. You can request password help at any time by clicking on the "I don't have/know my password" link at which time we will email your password to the associated email address. Currently, we do not provide online access to information that you provided to Artistic Tile offline, for example at stores. You may also request to access, correct or delete personal information that you have provided to us at any time from our customer service representatives or by contacting us using the contact information below.

 

How Does Artistic Tile Protect Your Information?

We have implemented appropriate physical, electronic and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  When you place an order on the Website, Secure Socket Layer Technology ("SSL") encryption technology is utilized to protect your personal information during data transport.  Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.  While we strive to protect your personal information, we cannot guarantee or warrant that such information, during transmission through the Internet or while stored on our system or otherwise in our care, as the case may be, will be completely secure.  Therefore, the provision of such information is done at your own risk.  We shall have no liability for disclosure of your personal information due to errors, omissions or unauthorized acts of third parties during or after transmission.

When you create an online account on the Website and become a registered user, you will be asked to provide an accurate email address and create a password.  You are responsible for keeping this password confidential and are urged (i) not to share your password or account information with others, (ii) to use a secure web browser, and (iii) to change your password from time to time.  If you wish to cancel a password, or if you become aware of any loss, theft, or unauthorized use of a password, please contact us as set forth below.

 

Does Artistic Tile Disclose Your Information to Others?

All of the information that Artistic Tile collects may be shared among our subsidiaries and affiliates.  Artistic Tile maintains a central database of customer information collected by online and from offline sources.  When you establish or update your customer profile information with Artistic Tile, whether through a purchase, becoming a registered user of the Website, modifying your online account, or signing-up for promotional materials at the Website, our stores, through a customer service representative, or in any other communication you may have with us, we will update your customer profile information on the database.


Except as otherwise described in this Privacy Policy, Artistic Tile does not sell, rent or trade with third parties any personal information you provide to us online or at our stores, nor do we share such information with third parties.  We may disclose personal information about you to third party service providers that act on our behalf and who agree to maintain the confidentiality of such information in accordance with this Privacy Policy and use the information only in connection with the services they provide. These third parties may provide a variety of services to us including, without limitation, processing credit card payments, providing website hosting and services related to storage and/or analysis of data, fraud protection and credit risk reduction, assisting us in fulfilling your transactions and customer service inquiries, updating your customer profile information in the database, marketing and promotional material distribution, assisting in data collection, or fulfilling your request to unsubscribe from our emails, newsletters and/or other promotional materials.  We do not authorize such third party service providers to make any other use of your information.

We may use and/or disclose to others aggregate information about your demographics and use of our Website in a manner that does not reveal your identity.

We may disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or those of other users of our Website, or anyone else who could be harmed by such activities.  We may also disclose personal information when we reasonably believe that the law requires us to do so. 

 

We may transfer or disclose personal information in the event that Artistic Tile and/or its subsidiaries or affiliates engages in a business transition, such as a merger, acquisition by another company, the sale of a business unit or assets, or other “change of control” transaction.  In such transactions, personal  information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy. 

 

Can I Unsubscribe?

Yes. Artistic Tile honors requests to unsubscribe or “opt-out” from receipt of emails, newsletters and/or other promotional materials (including for emails that we permit other companies to send to their own list of customers or subscribers).  There are several ways in which you can tell us whether or not you want to unsubscribe or “opt-out” from receiving promotional communications from us or from certain uses of your personal information.  For example, (1) in emails you receive from us, you will have the opportunity to unsubscribe or “opt-out” from receiving future promotional emails from us, or (2) when you become a registered user of the Website or when you access your online account thereafter, you may have the opportunity to make or change your selections in this regard.  Please note that you may continue to receive emails, newsletters and/or other promotional materials from Artistic Tile and/or its subsidiaries or affiliates until such requests become effective – we will endeavor to respond to such requests as soon as practicable.  In the event you unsubscribe or “opt-out” from receiving promotional correspondence from us, we may still contact you in connection with your relationship with us, Website-related orders or transactions, and related communications with us.

 

How Does Artistic Tile Protect a Child's Privacy?

This Website is a general audience site. We do not knowingly or intentionally collect or maintain personally identifiable information from children under the age of thirteen and no part of this Website is targeted to attract anyone under the age of thirteen.  If we become aware that we have collected personally identifiable information from a user of the Website who is under the age of thirteen, we will remove that child's personal information from our files. 

 

Links to Other Websites

While you are using this Website, you may be linked or directed to websites not operated by Artistic Tile, including separate websites operated by our affiliates or by unaffiliated third parties.  For example, you might click on a link or banner ad that will take you from the Website to the website(s) of social networks (such as Facebook), advertisers, sponsors or co-branding partners.  Artistic Tile does not control websites that are operated by these persons and is not responsible for the information practices of such websites or the acts or omissions of such website’s operators.  Please review the privacy policies of such websites and be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of linked websites or the owners or operators of those linked websites.  For more information, please read our Terms of Use.

 

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

ARTISTIC TILE Customer Relations Privacy Policy
520 Secaucus Rd.

Secaucus NJ, 07094

 

Please allow 30 days for a response.

 

Contact Information

We welcome your comments regarding this privacy policy. Please send any concerns to by email to HRsupport@artistictile.com  or by mail to:

ARTISTIC TILE Customer Relations Privacy Policy
520 Secaucus Rd.

Secaucus NJ, 07094

 

© 2011 ARTISTIC TILE, INC.  ALL RIGHTS RESERVED.

 

Close