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
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.
· 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.
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.
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.
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
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
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
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.
520 Secaucus Rd.
Secaucus NJ, 07094
; or call us at: 201-864-7000.
(c) ARTISTIC TILE, INC. ALL RIGHTS RESERVED.
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.
Our policy was last updated on December 11, 2011.
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.
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.
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.
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
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:
520 Secaucus Rd.
Secaucus NJ, 07094
Please allow 30 days for a response.
520 Secaucus Rd.
Secaucus NJ, 07094
© 2011 ARTISTIC TILE, INC. ALL RIGHTS RESERVED.