Virtual Graffiti, Inc reserves the right, at its sole
discretion, to change, add or remove portions of this Terms
of Use, at any time. It is your responsibility to check
this Terms of Use each time before using the Site. Your
continued use of the Site following the posting of changes
will mean that you accept and agree to the changes.
You agree that all subsequent purchases by you will be
subject to the terms and conditions of this Terms of Use,
which shall apply until we post a modified Terms of Use
and then in accordance with such modified Terms of Use.
As long as you comply with this Terms of Use and any such
modifications, Virtual Graffiti, Inc grants you ("End User")
a personal, non-exclusive, non-transferable, non-sublicensable,
limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice.
All media (downloaded or samples), software, text, images,
graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the
Site (collectively, "Content"), including but not limited
to the design, selection, arrangement, and coordination
of such Content on the Site is owned or licensed by
or to Virtual Graffiti, Inc, and is protected by copyright,
trade dress, and trademark laws, and various other intellectual
property rights laws.
2. Use & Disclosure of Your Personal Information.
You must disclose certain Personally Identifiable Information
to use our Site, register, and make purchases. As a
condition of making any purchases of any products and/or
services or conduct any transactions, you represent
that you have first read these terms and conditions
and consent to the collection, use and disclosure of
your Personally Identifiable Information and Non-Personally
Identifiable Information. Information collected on this
site will NEVER be shared nor sold to 3rd parties or
anyone else outside of our organization.
While Virtual Graffiti, Inc takes reasonable steps
to safeguard and to prevent unauthorized access to your
personal information, we cannot be responsible for the
acts of those who gain unauthorized access, and we make
no warranty, express, implied, or otherwise, that we
will prevent unauthorized access to your private information.
IN NO EVENT SHALL VIRTUAL GRAFFITI INC OR ITS AFFILIATES
BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD
PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY,
AND ALSO REGARDLESS OF WHETHER VIRTUAL GRAFFITI, INC
WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES
WERE POSSIBLE.
3. Consent To Our Communication With You By E-Mail.
Each time you make a purchase through our Site, you
grant permission for Virtual Graffiti, Inc to contact
you at your e-mail address. To stop receiving our marketing
emails, please follow the opt-out procedures set forth
in such marketing emails.
4. Conditions of Sale and Payment Terms. Prior
to the purchase of any goods or services on our Site,
you must provide us with a valid credit card number
and associated payment information including all of
the following: (i) your name as it appears on the card,
(ii) your credit card number, (iii) the credit card
type, (iv) the date of expiration and (v) any activation
numbers or codes needed to charge your card. By submitting
that information to us, you hereby agree that you authorize
us to charge your card at our convenience but within
thirty (30) days of credit card authorization. All sales
of products and services are final. All charges from
those sales are nonrefundable.
5. Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by VISA, MasterCard, American
Express or government credit cards (each of which may
be removed by Virtual Graffiti, Inc in its sole discretion).
Net terms are also available for eligible customers,
and may be paid by check. We also accept wire transfer
by request. Unless expressly set forth on this site,
we do not accept any other payment form. If we offer
or accept any other form of payment, you hereby agree
to all restrictions, terms and conditions associated
with such additional form of payment. Your card issuer
agreement governs your use of your designated card,
and you must refer to that agreement and not this Terms
of Use to determine your rights and liabilities as a
cardholder. You agree to pay all fees and charges incurred
in connection with your purchases (including any applicable
taxes) at the rates in effect when the charges were
incurred. Unless you notify Virtual Graffiti, Inc of
any discrepancies within sixty (60) days after they
first appear on your credit card statement, you agree
that they will be deemed accepted by you for all purposes.
If Virtual Graffiti, Inc does not receive payment from
your credit card issuer or its agent, you agree to pay
all amounts due upon demand by Virtual Graffiti, Inc
or its agents. You are responsible for paying any governmental
taxes imposed on your purchases, including, but not
limited to, sales, use or value-added taxes. Virtual
Graffiti, Inc shall automatically charge and withhold
the applicable sales tax for orders to be delivered
to addresses within California and any other states
or localities that it deems is required.
6. Leasing. We now offer leasing options for
purchasing your new product. Qualified customers will
have the ability to lease their purchase with convenient
and powerful financing options. You are provided with
the flexibility, quick response, and simplicity you
need with quality customer service during your financing
term.
Why Should I consider Leasing? Advantages of Leasing:
- Leasing provides total financing. Generally
no down payments are required, and lessees pay no
extraneous tax, delivery, warranty, or other miscellaneous
costs. All costs associated with a purchase can
be included in the lease, including delivery and
installation.
- Leasing conserves working capital. Leasing
leaves lines of credit at other financial institutions
free for cash-flow purposes, investments, unsecured
loans, or unexpected emergencies.
- Leasing overcomes budget limitations.
Most companies are hampered by capital budget limitations
from time to time. Leasing allows businesses to
acquire new equipment with easily affordable rental
payments.
- Leasing provides security against equipment
obsolescence. Upgrade and trade-in options can
easily be added to a lease agreement. In addition,
there are no risks of equipment ownership, and lessees
will never be required to resell or remarket obsolete
equipment.
- Leasing can offer tax savings. When properly
structured, monthly lease payments may be fully
tax deductible as an operating expense. This savings
results in a lower after-tax equipment cost. Contact
us to discuss tax advantages applicable to your
specific situation.
- Payments are a fixed cost. Monthly lease
payments remain the same for the life of the lease,
even if interest rates do not.
- Leasing provides a faster return on investment.
Revenues or savings created as a result of the equipment
during the first month often will be in excess of
the monthly lease payment, thereby providing an
immediate return on investment.
- It is important to note that the common thread
in each of these benefits is flexibility. Lease
payments and terms may be structured based on a
businesses particular need. Equipment leasing can
be an extremely valuable financial tool for growing
businesses while staying competitive in today's
marketplace.
A minimum total purchase value is required for leasing
options. Not all customers will qualify for the leasing
program. Please contact us to see if you qualify for
our leasing program. Please Note: All Leasing options
are provided by third party equipment leasing companies.
7. Promotions, Promotional Gifts. Promotional
items include any free items/gifts you receive with
your order. Promotional items are only available on
certain items, where stated. Promotions may be changed
or revoked at any time. Promotional items may be shipped
separately from your order via a different carrier and/or
different service. Promotional items must be returned
if you are returning your order (see return/exchange
policy above). Promotional items may not be offered
in the case of a quoted discount price or where a cash
discount is provided. Unless otherwise stated, all promotional
items are only available at the website price.
8. Order Acceptance Policy. Your receipt of
an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. Virtual
Graffiti, Inc reserves the right at any time after receipt
of your order to accept or decline your order for any
reason. Virtual Graffiti, Inc further reserves the right
any time after receipt of your order, without prior
notice to you, to supply less than the quantity you
ordered of any item. Your order will be deemed accepted
by Virtual Graffiti, Inc upon shipment of products or
performance of services that you have ordered, or upon
the completion of the license and delivery of a Digital
Download, as indicated by our servers. Title to goods
and all risk of loss passes to you upon delivery to
the common carrier.
9. No Responsibility To Sell Mispriced Products
Or Services. Virtual Graffiti, Inc shall have the
right to refuse or cancel any orders placed for products
and/or services listed at an incorrect price, rebate
or refund, or containing any other incorrect information
or typographical errors. Virtual Graffiti, Inc shall
have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit
card charged. If your credit card has already been charged
for the purchase and your order is canceled, Virtual
Graffiti, Inc shall immediately issue a credit to your
credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms.
VIRTUAL GRAFFITI, INC RESERVES THE RIGHT, AT ANY TIME,
TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS
OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING
ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
11. Service and Support for Goods Sold. All
requests for technical service and support should be
made directly to the manufacturer in accordance with
their terms and conditions.
12. Indemnification. You agree to indemnify
and hold harmless Virtual Graffiti, Inc and its parents,
sister companies, subsidiaries, affiliates, service
providers, other End Users, distributors, licensors,
officers, directors and employees from any claim or
demand, including reasonable attorneys' fees, made by
any third party arising out of or related to your violation
of this Terms of Use, or your violation of any law,
regulation or third-party right.
13. Disclaimer of Warranties. THE SITE, PRODUCTS,
SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK,
DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF VIRTUAL
GRAFFITI, INC’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST
MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE
OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, VIRTUAL
GRAFFITI, INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER
RELATING TO OR REFERENCED BY THE VIRTUAL GRAFFITI, INC
SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA
AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE,
NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE
TO DESCRIPTION.
