Terms of Use

Your use of this Website is governed by these Terms of Use. Your use of the crateandbarrel.com Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the crateandbarrel.com Website.

These Terms of Use May Change

Nickhorvath.com reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the nickhorvath.com Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Website.

Use of Website

The nickhorvath.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Nick Horvath goods and services and/or to otherwise transact business with or contact Nick Horvath Art, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Nick Horvath Art expressly prohibits third parties from opting out of Nick Horvath’s services and/or contacts on behalf of a Nick Horvath’s customer or other person or entity, without both (a) Nick Horvath’s full knowledge as to the surrogate action being taken and (b) Nick Horvath’s express permission. This prohibition is intended to protect the privacy and freedom of Nick Horvath’s customers and the personal relationship Nick Horvath Art works to develop with its customers and others authorized to use its Website.

Copyright Notice

All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Nick Horvath and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Nick Horvath, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Nick Horvath’s. The entire Content of the nickhorvath.com Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Nick Horvath owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the nickhorvath.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our Website. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Nick Horvath. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Nick Horvath reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Nick Horvath.

Notice of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Websites or Apps has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• identification of the claimed infringing material and information reasonably sufficient to permit Crate and Barrel to locate the material on our websites and apps;

• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

• your physical or electronic signature;

• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of Illinois, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please send all notices under the above copyright infringement policies to Nick Horvath Art agent for receipt of notifications of claimed infringement:

Nick Horvath Art
Email:  nick@nickhorvath.com

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Submissions

We welcome your comments regarding the nickhorvath.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to nickhorvath.com shall be and remain the exclusive property of Nick Horvath Art. Your submission of any such Comments shall constitute an assignment to Nick Horvath Art of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Nick Horvath Art will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You promise that:

• you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and

• your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the nickhorvath.com Website for any reason.

Colors

We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Product Information

Our products are available only online.

Pricing

U.S. Pricing Policy

Our goal is to have clear and understandable pricing for our products. Our product prices are consistent online;

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order. Product availability and prices are subject to change. Nick Horvath Art reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Disclaimer

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT NICK HORVATH ART AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Nick Horvath Art and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the Website, including, without limitation, your use of the nickhorvath.com Website in violation of these Terms of Use.

Arbitration Agreement & Waiver of Certain Rights

You and Nick Horvath Art agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Nick Horvath Art hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Nick Horvath Art relating to these Terms of Use or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Nick Horvath Art.