|Home » Legal|
Copyright © 2014 The Guild, Inc.. All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by The Guild, Inc. and its suppliers. You may use it as a shopping resource, its intended use, when you shop with us, but not otherwise, and may not make full or partial copies except as specifically permitted in the order instructions about printing out your order for reference.
The following are federally registered trademarks of The Guild, Inc: "Artful Home," "Artful," "Artful Jewelry," "The Guild," and "The Guild Registered." The following are common-law trademarks of The Guild, Inc: "Guild," "guild.com," "artfulhome.com," "Direct from the artist’s studio," and "Art for Life. For Home. Forever."
Warranties and Product Warnings
Upon request, we shall send you any warranties or other product information provided to us by the artists. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure. We at The Guild, Inc. make no warranties whatsoever in regard to the artwork nor do we prepare or provide product information beyond that provided by the artist.
THIS SITE IS PROVIDED BY The Guild, Inc. ON AN "AS IS" BASIS. The Guild, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Guild, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Guild, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Digital Millennium Copyright Act (DMCA) Policy and Notification
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider's website. The Guild, INC. (hereinafter The Guild, Guild, we, us or ours) has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to The Guild.
How to report a claim of infringement
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on this site or through The Guild as an online service provider, you must notify our designated agent. Section 512 (c)(3)(A) requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) The Guild will undertake to have the disputed material removed from public view. We will also notify the user who posted the allegedly infringing material that we have removed or disabled access to that material. The Guild has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.
Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.
How to make a counter notification
If you are a Guild user and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
It is The Guild's policy to terminate users who are found to be repeat infringers.
The Guild's designated agent is Bill Lathrop.
The Guild, Inc.
Attn: Bill Lathrop
931 E. Main Street, Suite 9
Madison, WI 53703