Legal Notices

austine.com Website Policies and Legal Notices

  1. Website Use Agreement
  2. Scope of License
  3. Security
  4. Intellectual Property
  5. Copyright
  6. Trademarks
  7. Privacy
  8. Data Security
  9. Please Correct Your Information
  10. Returns
  11. Damage in Shipment
  12. Documentation of Authenticity
  13. Restoration
  14. Questions and Comments
  15. Item Unavailability
  16. Warrantees

This page contains information on use of this website as well as legal information regarding our art and accessories, such as warrantees, copyrights and trademarks.

Website Use Agreement

By using this website (the “Site”), you agree to be bound by this Agreement. If you do not accept this Agreement, do not use the Site. Changes to this Agreement will be posted here from time to time.

Scope of License

In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes. In particular, you cannot use the Site to generate revenue or to distribute or redistribute any portion of the Site.

The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site.

You may link to the home page of the Site as long as the link does not cast Austine Studios or any of its principals or employees in a false or misleading light. Please let us know if you link to our site by contacting us at webmaster@austine.com.

You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates our trademarks, namely “AUSTINE” or “POLAGE” without our express written consent.

Security

In exchange for your access to this web site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of this web site, or that could cause injury to yourself, to us, or to anyone else.

Without limitation, you agree not to attempt to:

Modify the Site or make it possible for you or someone else to access this site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);

Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;

Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;

Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;

Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or

Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

If you are still reading this, you are to be commended as most people never get this far with regard to legal notices. Pat yourself on the back and continue reading. This is important stuff. Honest.

Intellectual Property

We take enforcement of our intellectual property rights seriously.

Copyright

All content on this website, as well as all of our art work, is protected under U.S. Copyright Law, as well as the copyright laws of most nations and under various International treaties. Reproduction of any photographs, videos or text found on this website without written permission is strictly forbidden. No claim is made to any music composition or recording incorporated into any video on this site. We have taken steps to assure we have the rights to reproduce such music on our website. If you believe any such music is not in the public domain, or that we have not acquired or licensed all the rights to such music, kindly contact webmaster@austine.com.

Trademarks

Austine Studios owns registered U.S. Trademarks for the marks “Austine®” and “Polage®.” Other marks we may claim exclusive rights under common law as codified in the Lanham Act will be so designated as trademarks ( ™ ). Use of these marks without permission is strictly forbidden.

Privacy

Austine Studios is owned and operated by Austine and David Comarow as a family business. We take great care to protect your contact information. We never ever sell or distribute your information to anyone else. And we will only send you an email if you want to be on our email list. If you ever want to be removed, just reply with the word “REMOVE” in the subject line and, poof, you are off the list.

We may use non-identifying and aggregated Internet statistics and website usage information to improve our site and be more responsive to your needs. That anonymous data is used only by us and never disclosed outside our studio. Finally, we never use or share personally identifiable information provided to us online without providing you an opportunity to opt-out.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Please Correct Your Information

While your shipping and contact information is updated at times of purchase or shipment, you are encouraged to email us at info@austine.com with address, email or other contact corrections. We will take steps to verify your identity before making any corrections.

RETURNS

All returns, for whatever reason, must be accompanied by a RMA number which must be on the shipping label. We cannot accept returns without RMA numbers. Unless otherwise specified by Austine Studios in writing, you may examine your purchase for up to seven (7) days from receipt of delivery and may return your item, in new condition, shipping prepaid within a seven (7) day period for a full refund (minus shipping, crating and handling.) You are responsible for purchasing shipping insurance at the full purchase price for any items to be returned. Returned items must be properly packed. An RMA number must appear on the outside of the package. Call (702) 260-1600 Monday – Friday 8 am to 4 pm to obtain an RMA number. Please be kind and do not use Styrofoam peanuts – they get everywhere and can cause more damage than they prevent. Instead, make rolls of bubble wrap and pad all sides of the item. As a general rule, keep at least 2 inches of padding around all items. After the initial seven (7) day trial period, no refunds will be given. Credit may be applied to other purchases from Austine Studios.

DAMAGE IN SHIPMENT

Upon delivery receipt, immediately and carefully open the shipment preserving ALL shipping materials (including any and all double boxing, all bubble wrap, etc.) until you determine that both 1) the item has not been damaged in shipment and 2) you are NOT returning the items(s). If an item is found damaged from shipment, please retain ALL packing materials and call us at (888) 882-8784 or (702) 260-1600. We will arrange for UPS to pick up the damaged item from you in its original wrapping materials and upon verification and approval of the claim from UPS, provide you with a refund or replacement.

DOCUMENTATION OF AUTHENTICITY

A professional Document of Authenticity suitable for insurance, archival purposes and conformance with the California Fine Art Laws (Cal. Civ. Code §1740 et seq. and §986), is available upon request at the time of purchase.   Note, resale of Polage® art in, to or from the State of California may require compliance with the Resale Royalties Act (Cal. Civil Code section 986) which, under most circumstances, requires a 5% resale royalty paid to the artist. http://www.cac.ca.gov/resaleroyaltyact/resaleroyaltyact.php

RESTORATION

Restoration and refurbishment of Polage art and lightboxes is available; please see our Tech Support section for more information.

QUESTIONS & COMMENTS

Please send your questions and comments to us at: info@austine.com

ITEM UNAVAILABILITY

Although we do everything to maintain and update the inventory listed on the website, on rare occasions some items listed may have been sold or are no longer available for some other reason. In these cases, you will be notified and we will immediately refund your purchase in full. If the artwork ordered is part of an open edition, Austine may be able to create another in the series for you, but we will obtain your approval to do so first.

WARRANTEES

Polage® art is warranted not to delaminate or otherwise deteriorate for a period of 10 years under normal use conditions. In the event you believe your artwork has deteriorated, please contact the studio. We can usually restore any Polage® art to new condition. In rare cases we will replace your art with a similar piece of your choice, or, if the work is part of an open edition, Austine may create another in the series for you.

Polage® motorized lightboxes, except fluorescent lamps and motors, are warranted for 5 years against defects in manufacturing. Motors inside lightboxes are warranted not to fail for a period of two (2) years from date of purchase. If any part of your lightbox has failed, you must return it to the studio, prepaid and we will repair or replace the defective part.

Motors sold as replacement parts are warranted for one (1) year from date of purchase. Return the defective item and, upon verification of the defect, we will send you a new one at no charge. Damage you may cause to a light box in an attempt to service it yourself voids any and all warranties. Please note, rotating polarizing filters are no longer manufactured and we are limited to supply on hand. If you damage a polarizing filter we cannot guarantee that it can be replaced or repaired. We STRONGLY RECOMMEND returning you lightbox to our studio for repair and refurbishment.

Fluorescent lamps (bulbs) are not warranted. Fluorescent ballasts are warranted for five (5) years from date of purchase.

Polage® Liquid Crystal assemblies, including liquid crystal panel, LED panel, and electronic circuit are warranted for 10 years from date of purchase under normal use conditions. Power supplies are warranted for two (2) years from date of purchase. The Polage® art itself is warranted not to delaminate or otherwise deteriorate for ten (10) years from date of purchase. This warranty does not cover damage caused by power surges or other external causes. We recommend using a good quality power surge protector.

WE SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE FURTHER DISCLAIM ANY WARRANTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OR DEFECT OF ANY PRODUCT. ANY WARRANTY CLAIM IS LIMITED TO THE PURCHASE PRICE. WE RESERVE THE RIGHT TO REPLACE ANY DEFECTIVE PRODUCT.