TERMS AND CONDITIONS

Mixed Greens, LLC (“Mixed Greens”) owns and maintains this website: WWW.MIXEDGREENS.COM (the “Site”). The following legal terms and conditions (“Terms and Conditions”) govern your use of the Site and/or the Purchase of works of art, products and/or services (“Artwork, Products and/or Services”) through the Site. By accessing, viewing, or using the material on the Site, or purchasing Artwork, Products and/or Services through the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to access or use the Site and should exit immediately.



INTELLECTUAL PROPERTY INFORMATION

All material contained in the Site is protected by law, including but not limited to United States copyright law. Except as indicated, the entire content of the Site, including the images, text, and look-and-feel attributes of the Site, is ©2010 Mixed Greens, LLC. All rights reserved. Removing or altering the copyright notice on any material on the Site is prohibited. Copyright and other intellectual property laws protect the Site’s software, documentation, electronic text and image files, audio and video clips, and other material, including reproductions of works of art licensed to Mixed Greens by third parties (“Materials”). Other restrictions may also apply. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than Mixed Greens. Mixed Greens strictly prohibits the copying, display, publication, distribution, modification, or exploitation for commercial or other purposes of any protected Material(s) on the Site.

Requests for use of Materials, in whole or in part, should be sent to the following:

Mixed Greens
531 West 26th Street
New York, NY 10001
telephone: (212) 331-8888
toll free: 1-866-MGREENS
fax: (212) 343-2134
info@mixedgreens.com

Permission for such use is granted on a case-by-case basis at the sole discretion of Mixed Greens and/or its licensors. A usage fee may be involved depending on the scope, nature and purpose of the proposed use.

All trademarks, service marks and logos (collectively “Trademarks”) on the Site, including the MIXED GREENS mark, are proprietary to Mixed Greens. Use or misuse of the Trademarks is expressly prohibited and may violate federal and state trademark laws. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without written permission of Mixed Greens. Please be advised that Mixed Greens actively and aggressively enforces its intellectual property rights to the fullest extent of the law.



CONDITIONS GOVERNING SALE OF ARTWORK AND/OR SERVICES

ACCEPTANCE
Orders placed by Users through the Site for the purchase of Artwork, Products and/or Services shall be deemed to constitute an offer by the User (also referred to herein as “Purchaser”) to enter into a contract on these Terms and Conditions, which offer shall be accepted by Mixed Greens by shipping the order.

PAYMENT
Payment of the Purchase Price specified on the Site Order Page for each Artwork, Product and/or Service selected by Purchaser, and any applicable delivery/shipping costs, or other expenses of any kind or nature, including but not limited to sales tax, customs duties, artist resale royalties, export or import charges (collectively “Shipping and/or Other Expenses”), is due in full by an acceptable credit card at the time of shipment.

SALES TAX
Purchasers requesting delivery within the State of New York agree to pay all applicable sales tax due on the sale of the Artwork, Product(s) and/or Service(s).

DELIVERY
Mixed Greens will, on receipt of the Purchase Price and any applicable Shipping and/or Other Expenses, arrange for delivery of the Artwork and/or Product to the Purchaser via common carrier (“Shipper”) at the address specified on the Site Order Page. Shipper, Artist and/or Mixed Greens will pack and insure the Artwork and/or Product for at least the full Purchase Price and name Mixed Greens as the insured party. In the instances where customers have opted to pick up their purchases, sale will be as is and Mixed Greens shall not be bound by the terms of this paragraph.

ARTWORK DESCRIPTION PAGE
Sales of all Artwork, Products and/or Services are governed by these Terms and Conditions, as well as any detailed exceptions as included in individual Artwork, Product and/or Service descriptions on the website. While Mixed Greens is committed to providing excellent customer service, Purchasers must note that, due to their inherent characteristics, Artwork(s) may require additional handling or other considerations as stated in an Artwork’s description page that may modify these Terms and Conditions. These considerations may or may not include a restocking fee to be borne by the Purchaser for Artwork(s) and/or other Product(s) returned to Mixed Greens that requires special shipment.

TITLE
Mixed Greens and Purchaser agree that the sale of Artwork and/or other Products and the transfer of title in the Artwork, Products and/or Services from the Artist to Purchaser shall take place only after the Purchaser has paid the Purchase Price and Shipping and/or Other Expenses in full as provided herein, and the Purchaser takes actual possession of the Artwork, Products and/or Services. At such time as title passes to Purchaser, risk of loss will also pass to Purchaser, and if the Artwork and/or other Product are damaged in transit, Purchaser should contact Mixed Greens immediately at info@mixedgreens.com, 212.331.8888, or toll-free at 1.866.MGREENS, for further instructions on how to proceed.

RETURNS
Purchaser may return an Artwork and/or other Product, in the same condition as received by Purchaser, for a full refund of the Purchase Price for any reason within fourteen (14) business days after delivery of the Artwork and/or other Product. After fourteen (14) days following delivery of the Artwork and/or other Product, all sales are final. All returns are to be made directly to Mixed Greens. Purchaser must notify Mixed Greens by phone or email of intent to return an Artwork and/or other Product within fourteen (14) business days after delivery of the Artwork and/or other Product and prior to its return shipment.

NOTE ON RETURNS:
Purchaser may be required to pay a restocking fee for Artwork and/or other Product returned to Mixed Greens that require special shipping.

NOTE ON COMMISSIONED AND CUSTOM-MADE ARTWORK:
All sales are final. Purchaser’s credit card will be charged at the time an order is placed and no refunds or returns will be permitted or accepted.

UNAVAILABILITY OF ARTWORK AND/OR OTHER PRODUCTS
All Artwork and/or other Products featured on the Site are offered on a first-come basis. As between two or more potential Purchasers of a given Artwork and/or other Product, the potential Purchaser who first submits a complete and otherwise acceptable Order, via the Site Order Page, shall have first rights to purchase a given Artwork and/or other Product. Notwithstanding the foregoing, Mixed Greens does not guarantee the availability for purchase of any Artwork and/or other Product featured on the Site. Moreover, in its sole and exclusive discretion, and for any reason whatsoever, Mixed Greens reserves the right to withdraw from sale, or unwind any transaction for the purchase of, any Artwork and/or other Products before the actual transfer of title to the Purchaser as provided above/herein. In the event an Artwork and/or other Product is unavailable for any reason, the Purchaser may, at his or her option, obtain (1) a full refund of any amounts paid to Mixed Greens or, (2) a full credit for amounts paid applicable to the purchase of any other Artwork and/or other Product(s) available at that time.

REMEDY FOR PURCHASER'S FAILURE
If any of the Terms and Conditions herein are not complied with in a timely manner by the Purchaser, in addition to other remedies available to Mixed Greens by law, including without limitation the right to hold Purchaser liable for the Purchase Price, Mixed Greens may hold the Purchaser liable for any and all costs of collection, reoffer, handling charges, commission, and any legal fees and expenses attributable to Buyer’s breach of the Terms and Conditions.

COPYRIGHT IN ARTWORK
The Artist reserves all rights protected under the United States Copyright Act in all Artwork purchased by the Purchaser. The sale of a given Artwork does not include any assignment, transfer or license to Purchaser of the right to reproduce, modify or create derivative works of any Artwork, unless such right is expressly granted in writing by the Artist.



COMMUNICATIONS WITH AND/OR POSTINGS ON THE SITE

Mixed Greens welcomes feedback and suggestions about how to improve the Site and our services, and may offer users access to discussion areas designed to facilitate communication between and among users of the Site regarding the contents of the Site. Any ideas, suggestions or postings submitted to the Site shall be deemed accompanied by permission for Mixed Greens to adopt and use them without additional consideration. By transmitting any information, suggestions, material, or other content to WWW.MIXEDGREENS.COM, you automatically grant Mixed Greens the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Furthermore, Mixed Greens is free to use any content of communications you send to the Site for any purpose whatsoever, including but not limited to creating and marketing products and/or services using such information. Mixed Greens is not responsible for the consequences of reliance on any information contained in or submitted to the Site.



PRIVACY POLICY

Mixed Greens has a Privacy Policy disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have such information about you collected or used. Click here to view the Privacy Policy, which is incorporated by reference, as if set forth fully herein.



DISCLAIMER OF WARRANTY AND LIABILITY

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS, AND USERS MUST EXERCISE THEIR DISCRETION IN ALLOWING MINORS TO USE THE SITE. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MIXED GREENS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF OR RELIANCE ON THESE MATERIALS OR THE SALE, OFFERING OR PURCHASE OF ARTWORK AND/OR OTHER PRODUCTS VIA THE SITE.

ANY AND ALL ARTWORK AND/OR OTHER PRODUCT OFFERED FOR SALE BY MIXED GREENS ON THE SITE IS OFFERED “AS IS” AND MIXED GREENS HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SALE OF ANY ARTWORK AND/OR OTHER PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, NON-INFRINGEMENT, VALUE, RARITY, IMPORTANCE OR CONDITION. NO STATEMENT, EITHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A GUARANTEE, WARRANTEE OR REPRESENTATION.



CORRECTIONS AND CHANGES

While we endeavor to keep the Materials up to date, Mixed Greens cannot assume responsibility for errors or omissions in these materials. Mixed Greens does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Mixed Greens may make changes to the Materials, or to the products/services described herein or offered through the Site, at any time without notice, and makes no commitment to update the information contained herein. Mixed Greens reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions.



INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mixed Greens and all of its directors, officers, employees, representatives, proprietors, partners, shareholders, affiliates, principals, agents, predecessors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, your purchase of any Artwork, Product and/or Service via the Site, the delivery of Artwork and/or Product to a location specified by you, and/or any breach by you of these Terms and Conditions.



EXPORT CONTROL

Mixed Greens reserves the right to decline or cancel any orders originating in or directed to countries where export from the United States may be prohibited or require governmental authorization. By placing an order through the Site, you represent that, to your knowledge, no such restriction exists with respect to your order. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Artwork and/or other Product and/or Materials.



LINKS TO OTHER WEBSITES

This Site may provide links to other sites on the World Wide Web for your convenience in locating information and services. These sites are maintained by organizations or third parties over which Mixed Greens exercises no control, and accordingly, Mixed Greens expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Mixed Greens does not control, endorse, promote, or have any affiliation with any other website unless expressly stated.



USE OF THE INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Mixed Greens will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.



GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules. By accessing, viewing, or using the Material on this Site, or purchasing Artwork, Products and/or Services via the Site, you consent to the jurisdiction of the federal and state courts presiding in the State of New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Mixed Greens from its offices within the United States. Mixed Greens makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible compliance with applicable local laws.



MINORS

The Site is intended for use by individuals ages 18 years or older and by households with persons ages 13 years or older. If you are under 18 years of age and want to visit the Site, you must receive parental approval. Also, teenagers between the ages of 13 to 18 must have parental approval to participate in any sweepstakes, surveys, and contests that Mixed Greens offers. If you are under 13 years of age, you cannot purchase artwork or register with Mixed Greens and should not otherwise send us any personal information.