Legal

Copyright
Copyright © 2009 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.

 

 

Trademarks
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.

 

 

Disclaimer
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):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider (that's us) to contact the complaining party (that's you), such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent's investigation of your claim.

 

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):

  • A physical or electronic signature of the subscriber (that's you);
  • 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 the subscriber has 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
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, The Guild is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

 

It is The Guild's policy to terminate users who are found to be repeat infringers.

 

The Guild's designated agent is Michael Baum.

 

By mail:
The Guild, Inc.
Attn: Bill Lathrop
931 E. Main Street, Suite 9
Madison, WI 53703

 

By e-mail: copyright@Guild.com