Robert Cimbalo - Italian American Artist

Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to RobertCimbalo.com, RobertCimbalo.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time here. In addition, when using particular RobertCimbalo.com services, you and RobertCimbalo.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. RobertCimbalo.com may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

RobertCimbalo.com currently provides users with access to art work (the “Artworks”), and shopping services (the "Service"). You understand and agree that the service may include certain communications from RobertCimbalo.com, such as service announcements, administrative messages and the RobertCimbalo.com Newsletter, and that these communications are considered part of RobertCimbalo.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new RobertCimbalo.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RobertCimbalo.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RobertCimbalo.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RobertCimbalo.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). RobertCimbalo.com is concerned about the safety and privacy of all its users.

4. ROBERTCIMBALO.COM PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RobertCimbalo.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RobertCimbalo.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Service, or Artworks (including your RobertCimbalo.com I.D.), use of the Service or Artworks, or access to the Service or Artworks.

8. TERMINATION

You agree that RobertCimbalo.com may, under certain circumstances and without prior notice, immediately terminate your RobertCimbalo.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your RobertCimbalo.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in RobertCimbalo.com's sole discretion and that RobertCimbalo.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RobertCimbalo.com has no control over such sites and resources, you acknowledge and agree that RobertCimbalo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RobertCimbalo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. DIGITAL IMAGES & ARTWORKS

All digital images and Artworks, in this Web site are available to any person for the express purpose of viewing the Web site. No image or portion of any image may be reused without the express written permission of RobertCimbalo.com and the individual artist or the respective legal owner of such. All physical artwork is subject to United States and International copyright laws.

11. NOTICE

RobertCimbalo.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.

12. TRADEMARK INFORMATION

The ROBERTCIMBALO.COM, RobertCimbalo.com logo, trademarks and service marks and other RobertCimbalo.com logos and product and service names are trademarks of RobertCimbalo.com (the "RobertCimbalo.com Marks"). Without RobertCimbalo.com's prior permission, you agree not to display or use in any manner, the RobertCimbalo.com Marks.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

RobertCimbalo.com respects the intellectual property of others, and we ask our users to do the same. RobertCimbalo.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RobertCimbalo.com's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

RobertCimbalo.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Robert Cimbalo
Attn: Property Infringement
1602 Harrison Avenue
Utica, New York 13501

14. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and RobertCimbalo.com and govern your use of the Service, superseding any prior agreements between you and RobertCimbalo.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RobertCimbalo.com services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and RobertCimbalo.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and RobertCimbalo.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oneida, New York. Waiver and Severability of Terms. The failure of RobertCimbalo.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your RobertCimbalo.com account is non-transferable and any rights to your RobertCimbalo.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

15. VIOLATIONS

Please report any violations of the TOS to us immediately.