Welcome to morningmistmetalarts.com. These General Terms and Conditions of Use govern your access to, use of and purchase of products from the United States section of morningmistmetalarts.com (the "site"). By using the site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the site.

GENERAL

This site, morningmistmetalarts.com, is the property of and operated by (under license) Morning Mist Jewelry and Fine Art, a company in the United States of America having an address at P.O. Box 193, New Holstein, WI 53061.

SECURE SHOPPING GUARANTEE

Morning Mist Jewelry and Fine Art Secure Shopping Guarantee protects you every time you shop at Morning Mist Jewelry and Fine Art, so that you never have to worry about the safety of your credit card information. We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. We guarantee that every transaction you make at Morning Mist Jewelry and Fine Art will be safe and secure. You pay nothing if unauthorized charges are made to your card as a result of shopping at Morning Mist Jewelry and Fine Art.

Guarantee Details: Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges. If your bank does hold you liable for any of this $50, Morning Mist jewelry and Fine Art will cover the liability for you, up to $50. Morning Mist Jewelry and Fine Art will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made on our site while using our secure servers. Should any unauthorized charges appear on your credit card as a result of shopping at Morning Mist Jewelry and Fine Art, you must notify your credit card provider in accordance with their reporting rules and procedures.

OTHER SITE POLICIES

Please review our General Terms and Conditions of Sale, Shipping and Returns Policy and Privacy Policy (collectively, the "Site Policies"). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the site. If you do not agree to our Site Policies, please do not use the site.

PURCHASE FOR PERSONAL USE ONLY

You may purchase products on the site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale, and you accept Morning Mist Jewelry and Fine Art General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

LICENSE AND SITE ACCESS

The viewing, printing or downloading of any graphic, form, document or other content from the site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the site and its content terminates the license granted by Morning Mist Jewelry and Fine Art.

You will be solely responsible for all damages and other harm resulting from your use of the site and its content. Morning Mist Jewelry and Fine Art shall not be deemed liable for any use of the site and its content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.

USER SUBMISSIONS

You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to Morning Mist Jewelry and Fine Art is legal and does not violate any right of any third party, including privacy and intellectual property rights.

By disclosing, submitting or offering any Material to Morning Mist Jewelry and Fine Art, you grant Morning Mist Jewelry and Fine Art a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.

You are and shall remain solely responsible for any Material you disclose, submit or offer to Morning Mist Jewelry and Fine Art.

PRIVACY

We recommend that you read our Privacy Policy, which explains our online privacy practices.

COPYRIGHT

All content included on the site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Morning Mist Jewelry and Fine Art or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Morning Mist Jewelry and Fine Art or its content suppliers, as the case may be.

Morning Mist Jewelry and Fine Art and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Morning Mist Jewelry and Fine Art and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Morning Mist Jewelry and Fine Art or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below to the copyright agent for Morning Mist Jewelry and Fine Art.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and 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; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The copyright agent for Morning Mist Jewelry and Fine Art in matters regarding notice of claims of copyright infringement can be reached at policies@morningmistmetalarts.com.

TRADEMARKS

Morning Mist Jewelry and Fine Art and morningmistmetalarts.com are registered trademarks and/or service marks of Morning Mist Jewelry and Fine Art in the United States and/or other countries. All rights are reserved. These and any other trademark, service mark and trade dress of Morning Mist Jewelry and Fine Art, including, but not limited to, any mark that incorporates the term, "Morning Mist Jewelry and Fine Art", "Morning Mist", or the domain name "morningmistmetalarts.com", may not be used by you in any manner for any purpose without the prior express written consent of Morning Mist Jewelry and Fine Art.

All other trademarks, service marks and trade dress not owned by Morning Mist Jewelry and Fine Art that appear on the site are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by Morning Mist Jewelry and Fine Art.

Morning Mist Jewelry and Fine Art and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.

You are not authorized to use any of the trademarks, service marks and trade dress that appear on the site in any manner for any purpose without the prior express written consent of Morning Mist Jewelry and Fine Art or the respective Third Party Owner, as the case may be.

LINKS TO THIRD PARTY WEBSITES

The site may provide hyperlinks to third party websites (the "Third Party Websites"). Morning Mist Jewelry and Fine Art does not operate, control, endorse or guarantee any Third Party Websites. You agree that Morning Mist Jewelry and Fine Art is not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the site, please carefully read the terms and conditions of use and other policies of such Third Party Websites Our General Terms and Conditions of Use and other policies do not apply to any Third Party Website.

Morning Mist Jewelry and Fine Art provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, Morning Mist Jewelry and Fine Art does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY MORNING MIST JEWELRY AND FINE ART, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS MORNING MIST JEWELRY AND FINE ART LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.

LINKS TO THE SITE

Please contact us by e-mail at marketing@morningmistmetalarts.com if you are interested in linking a web site to the site. You must obtain our express written consent prior to linking any website to the site.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY MORNING MIST JEWELRY AND FINE ART ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MORNING MIST JEWELRY AND FINE ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, MORNING MIST JEWELRY AND FINE ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MORNING MIST JEWELRY AND FINE ART DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM THE SITE OR MORNING MIST JEWELRY AND FINE ART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MORNING MIST JEWELRY AND FINE ART DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE SITE. YOU UNDERSTAND THAT THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MORNING MIST JEWELRY AND FINE ART. MORNING MIST JEWELRY AND FINE ART SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify, defend and hold Morning Mist Jewelry and Fine Art harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the site and/or your breach of these General Terms and Conditions of Use.

MODIFICATION

Morning Mist Jewelry and Fine Art reserves the right in its sole discretion to make changes to these General Terms and Conditions of Use at any time and without specific notice to you. By using the site after any such change, you agree to comply with and be bound by these General Terms and Conditions of Use as changed. If you do not agree to these General Terms and Conditions of Use as they may be changed from time to time, please do not use the site. You should access this page periodically to review the most recent version of these General Terms and Conditions of Use. Morning Mist Jewelry and Fine Art reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the site.

SEVERABILITY

If any provision of these General Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Use remain in full force to the extent permitted by law.

APPLICABLE LAW AND JURISDICTION

Except otherwise expressly provided, the laws of the State of Wisconsin (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the Township of Calumet, County of Fond du Lac, State of Wisconsin.

HEADINGS

The headings contained in these General Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these General Terms and Conditions of Use.

CONTACT INFORMATION

If you have any question regarding these General Terms and Conditions of Use, please contact Morning Mist Jewelry and Fine Art at policies@morningmistmetalarts.com.

If you need any other assistance, please go to our other policy pages. There you will find information on orders, shipping, returns and refunds, registration and other important information regarding the services provided by Morning Mist Jewelry and Fine Art through the site. Remember that you can always contact us by e-mail at info@morningmistmetalarts.com.