Terms & Conditions

Terms of Use

Welcome to ArtofNight.com. These are the terms and conditions, as amended from time to time, that govern use of our website located at www.ArtofNight.com ("Website"). The user's (the "User") access and use of our Website constitutes the User's acceptance of these terms and conditions, as amended from time to time (the "User Terms").

The User Terms do not alter in any way the terms or conditions of any other agreement you may have with Rez Eye Productions, LLC (“Rez Eye”), its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept the User Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these User Terms on such entity's behalf, and that such entity agrees to indemnify REZ EYE for violations of these User Terms.

Privacy

Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.

Ownership of this Site

This Website is owned and operated by REZ EYE.

Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by REZ EYE or its content providers ("Content"). All Content is protected by U.S. and international copyright laws. For the protection of REZ EYE and its Content providers, images may be watermarked and/or digitally watermarked.

Proprietary Rights

All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly provided under the User Terms or another written agreement with REZ EYE, no portion of element of this Website or its Content may be copied or retransmitted via any means and this Website, its Content and all related rights shall remain the exclusive propertyof REZ EYE or its Content providers unless otherwise expressly agreed in writing.

Content (including photographic images) purchased or otherwise acquired by the User via the Website may only be used by the User for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you.

Use of the Content

This Website and the Content are intended for customers of REZ EYE. You may not use this Website or the Content for any purpose not related to your business with REZ EYE. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with REZ EYE; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any REZ EYE product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. The Website may contain photographs of clothing, fashion collections and trademarks which are protected by intellectual property laws and which cannot be used or reproduced, in whole or part, without the prior written consent of the owners, or their authorized licensees, of such intellectual property. None of the (i) persons whose images appear, or (ii) owners of rights relating to locations which appear, in any of the Content on this Website have consented in writing to the use of their image, identity or location, as the case may be, for any commercial purpose and the user is responsible for obtaining any written consents for commercial use of such images, identity or location.

Trademarks

REZ EYE trademarks, including “Art of Night” and “Rez Eye”, the Art of Night logo, and any other product or service name or slogan contained in the Website are trademarks of REZ EYE and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of REZ EYE or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing any name, trademark or product or service name of REZ EYE without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of REZ EYE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use a REZ EYE or Art of Night logo or other proprietary graphic of REZ EYE to link to this Site without the express written permission of REZ EYE. Further, you may not frame any REZ EYE, or Seth Browarnik trademark, logo or other proprietary information, including the Content, without REZ EYE's express written consent.

REZ EYE makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of REZ EYE and REZ EYE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. REZ EYE provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by REZ EYE of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that REZ EYE shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Copyright Notice

You may not use any of images from the Website without the express permission of REZ EYE.

Copyright Complaints

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to REZ EYE and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, REZ EYE will terminate the infringing customer's account. REZ EYE may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), REZ EYE has implemented procedures for receiving written notification ofclaimed infringements and for processing such claims in accordance with the Act. REZ EYE respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Website, please contact via email at aresnick@thefirmmiami.com, or mail at:

REZ EYE PRODUCTIONS, LLC
100 North Biscayne Blvd., Suite 1607
Miami, Florida 33132

Any written notice describing the infringing activity must include the following information:

NO WARRANTIES.

THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND REZ EYE AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. REZ EYE WILL NOT BE LIABLE FOR ANY DAMAGES OFANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT REZ EYE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

REZ EYE uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

REZ EYE offers a search feature within the Website. REZ EYE explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. REZ EYE also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL REZ EYE OR ANY CONTENT PROVIDER BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING OUTOF OR RELATED TO THIS WEBSITE, THE CONTENT OR AGREEMENT, EVEN IF REZ EYE OR SUCH CONTENT PROVIDER HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF REZ EYE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT OR THE USER TERMS, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT USER ORIGINALLY PAID FOR THE SERVICE, CONTENT, PRODUCTS OR MATERIALS OR ONE HUNDRED US DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS, REZ EYE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER MAY NOT ASSERT ANY CLAIM OR BRING ANY ACTION OF ANY KIND RELATING TO OR ARISING OUT OF THE AGREEMENT MORE THAN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO THE CLAIM OR CAUSE OF ACTION.

Indemnity

User agrees to indemnify, defend and hold REZ EYE and its Content providers harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorneys' fees) arising from User's violation or breach of the User Terms, any service agreement and any third party's rights, including, but not limited to, copyrights, proprietary and privacy rights, intellectual property rights or any applicable federal, state or local law, regulation or ordinance. User's obligations under this Section will survive the termination of any relationship with REZ EYE.

Termination of Access

REZ EYE reserves the right to deny or terminate User's access to or use of this Website, any service, product, or material, or any portion thereof, in REZ EYE's sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User's breach of any provision of the User Terms or any applicable service agreement or discontinuance ofREZ EYE's access to any product or material. In the event of any such termination by REZ EYE, REZ EYE shall have no liability to User.

Changes to User Terms

REZ EYE reserves the right to change or amend the User Terms at any time upon prior notice posted on the Website. Continued use of the Website after the posting of such notification, constitutes the User's consent to the changed or amended terms of the User Terms.

Governing Law

REZ EYE controls this Website from its offices within the State of New York, United States of America. User and REZ EYE agree that all matters relating to the Website or the User Terms or to any product material or service shall be governed by the statutes and laws of the State of New York, and the federal laws of the USA without regard to any jurisdiction's conflictsof laws principles.

Jurisdiction and Venue

User and REZ EYE agree to the exclusive personal jurisdiction and venue of the state and federal courts located in New York County, New York, with respect to all matters relating to the Website or the User Terms or to any product material or service.

Unlawful Activities Prohibited

REZ EYE makes no representation that the Content, products, or services available on this Website are lawful, appropriate or available for use in locations outside the State of Florida or the USA, and accessing them from jurisdictions where the same or their content is illegal is prohibited. Any User who chooses to access this Website from a location outside the USA does so on User's own initiative and is responsible for compliance with local laws.

If the User uses the Website, the Content, the services or products for any unlawful or illegal purpose, User shall indemnify and hold harmless REZ EYE for all losses, costs and expenses incurred by REZ EYE as a result of such use.

Addresses; Notices

User agrees that if REZ EYE needs to contact User or send User any written (paper-based) information (such as notices, account statements, or other communications), REZ EYE can do so by mail addressed to User at the postal service address in REZ EYE's records or, at REZ EYEs option, by electronic communication(s) either authorized by User or permitted by law and transmitted by REZ EYE to User's email address in REZ EYE's records or by otherwise posting on this Website. Unless the communication states another effective date, any paper-based communication REZ EYE sends to User is effective when mailed to User's postal service address by delivery to the mail service provider, and any electronic communication REZ EYE sends to User is effective when transmitted by REZ EYE to User's email service provider. User must notify REZ EYE promptly in writing, or by email with written confirmation mailed within five (5) days, if User changes User's postal service or email address or if User's email service provider is no longer providing email service for User. In no event shall REZ EYE have any responsibility, and User hereby release REZ EYE from all claims and liabilities, for any actions or omissions by User or User's email service provider in handling email to or from User, or for any failure in computer hardware, software, or communications lines not maintained by REZ EYE or under REZ EYE's control.

Miscellaneous

Liability Limitation. REZ EYE shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.

Print Orders. All print orders are special and unique orders and are therefore not refundable. If there are concerns or questions about an order or if you wish to make changes to the order, please contactartofnight@gmail.com. Please do not place a duplicate or additional order if you wish to make changes to the order you have placed. Duplicate orders placed will not be refunded.

Entire Agreement. The User Terms, as amended from time to time, constitutes the sole agreement between REZ EYE and User respecting the subject matter hereof and fully supersedes any and all other agreements, either oral or in writing, with respect to the Website and products services or materials under or through this Website. User acknowledges that User has read this User Terms and understands and accepts its terms. If User is at any time granted either a Subscription Account or a Commercial Account with REZ EYE, then the terms and conditions of the Subscription User Terms or the Commercial User Terms, as the case may be, shall apply in addition to the terms of this User Terms, and in the case of any inconsistency, the Subscription User Terms or the Commercial User Terms, as the case may be, shall prevail to the extent of such inconsistency.

Severability. If any provision of this User Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of the User Terms shall remain in full force and effect.

No Waiver. Any failure of REZ EYE to enforce any provision of the User Terms shall not constitute a waiver of any rights under such provision or any other provision of the User Terms.

By using this website, USER agrees that any dispute between USER and REZ EYE or USER and Seth Browarnik will be exclusive to the jurisdiction of the Circuit Court in and for Miami-Dade County, Florida. USER agrees to venue in this Court and jurisdiction in the State of Florida.

Contacting REZ EYE

If you have any questions about the User Terms, you can contact us at aresnick@thefirmmiami.com.

Privacy Policy

ARTOFNIGHT.COM and REZ EYE PRODUCTIONS, LLC PRIVACY POLICY

This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all Rez Eye websites, unless different terms are specified in a form or contract provided to you online or offline.

By using this site, you understand and agree to the terms of this policy. This site is owned by Rez Eye and may be accessed in the United States and abroad. For data protection purposes, Rez Eye is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

Collection of Your Personal Information

When you use our website, we may collect "non-personal information." We consider "non-personal information" to be information that, by itself, cannot be used to identify or contact you personally, such as demographic information (your age, gender, income, education, profession, etc.). Non-personal information may also include technical information, such as your IP address, the type of browser you are using, the websites you visit immediately before and immediately after you visit our website, and other anonymous data involving your use of our website. Non-personal information may also include information that you provide us through your use of our website, such as the terms you enter into the search functions of our website. We reserve the right to use or disclose non-personal information in any way we see fit.

We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your username and password, your name, your mailing address, email address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services.

Use of Your Personal Information

Rez Eye collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences.

We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may follow the “unsubscribe” instructions included within each email communication.

Personal information collected by Rez Eye may be stored and processed in the United States or any other country in which Rez Eye or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.

Sharing of Your Personal Information

Except as disclosed in this privacy policy, Rez Eye does not share your personal information with any outside parties.

We may share your personal information within our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.

Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale ofthe company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the “Changes to This Privacy Policy” section below.

We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Service Providers

We sometimes engage unaffiliated businesses to assist us in providing you certain services. For example, we may use third parties to provide advertising, marketing and promotional assistance, provide email services, or facilitate our online services. In those instances, we may need to share your personal information with them. We require these companies to use your personal information only to provide the particular product or service and do not authorize them to use your personal information for any other reason.

We sometimes offer promotions in conjunction with a third party sponsor. If you choose to participate in one of those promotions, we may share your information with the sponsor if they need it to send you a product or other special promotion they offer.

Use of Cookies

We may use "cookies" to enhance your visits to our website. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies do not store personal information about you, unless you knowingly provide it. Cookies can store non-personal information, such as what websites, pages, or advertisements your browser has accessed. We may use cookies to store information and personalize your experience with our website. For example, cookies allow our website to recognize your browser as a previous visitor, and thus save and remember any preferences that may have been set while you were previously browsing our website. Our cookies can also store your password, personalize pages, and keep track of selections, such as your time zone and episode selections.

You do have control over cookies. Most browsers can be set to notify you when a cookie is being placed on your computer. Most browsers can also be set to refuse to accept cookies, although this may affect your Internet experience. You can also erase cookies that are already on your computer. For more information about working with cookies, you should consult your user manual, FAQ, or "help" function of your specific browser and operating system software.

In some cases, our third-party service providers may use cookies on our sites. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Rez Eye only, and does not cover the use of cookies by third parties.

Web Beacons

We also may use "web beacons" (also often referenced as "clear GIFs", "clear pixels", "web bugs", "1x1 GIFs", or "1x1 pixels") which are tiny graphic image files, imbedded in a web page in GIF, jpeg or HTML format, that provide a presence on the web page and send back to its home server information from your browser, such as the IP address, the URL of the page on which the web beacon is located, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. We may use web beacons to collect non-personal information about your use of our website and the websites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by web beacons allows us to statistically monitor how many people are using our website and selected sponsors' and advertisers' sites. Our web beacons are not used to track your activity outside of our website or those of our sponsors. We do not link non-personal information from web beacons to personally identifiable information without your permission.

Security of Your Personal Information

The security of your personal information is important to us. We maintain physical, electronic, and procedural safeguards to secure your personal information. However, there is always some risk in transmitting information electronically. The personal information we collect is stored within databases that we control. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet.

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Forums & Other Interactive Services

Our websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at aresnick@thefirmmiami.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

Children

We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.

Links

We may link to websites, including those of our third-party content providers, who have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Accuracy of the Information We Collect

Any questions you may have regarding this policy, the accuracy of your personal information or the use of your personal information, or any requests that we correct, update, or remove your information in our databases, should be directed via email to info@patrickmcmullan.com, or via regular mail to:

Rez Eye Productions, LLC
100 North Biscayne Blvd.
Suite 1607
Miami Florida 33132

After receiving a request to change your information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate our website will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active website databases. We may retain such information to resolve disputes, troubleshoot problems and enforce our terms and conditions of use. In addition, it is not technologically possible to remove each and every record of the information you have provided to us. A copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate.

Changes to This Privacy Policy

We reserve the right to change this policy at any time, and will post any changes to this policy as soon as they go into effect. You are bound by any minor changes to the policy when you use the site after those changes have been posted. Please refer back to this policy on a regular basis. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our website for 30 days.

Contact Information

You can contact Rez Eye by emailing artofnight@gmail.com, or by postal mail at

Rez Eye Productions, LLC
100 North Biscayne Blvd.
Suite 1607
Miami Florida 33132