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.
