Welcome to the Send Me Angels web SMA Website (the “SMA Website"). Our services and products presented in the SMA Website are provided subject to the following terms and conditions. If you visit the SMA Website, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully. The SMA Website is owned and operated by Send Me Angels LLC.

PRIVACY

You should review our Privacy Policy, which also governs your visit to the SMA Website, to understand our privacy practices.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

USE OF MESSAGE SERVICES

If you post content to the SMA Website or transmit content through the SMA Website, you agree to comply with the terms and restrictions of our Content Policy. You agree not to use the SMA Website to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the SMA Website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the SMA Website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the SMA Website. By submitting content to the SMA Website, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

COPYRIGHT

All content included on the SMA Website, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of sendmeangels.com or its content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the SMA Website that is not the property of sendmeangels.com is used with permission. The arrangement and compilation of all content on the SMA Website are the exclusive property of sendmeangels.com and are protected by U.S. and international copyright laws. All software used on the SMA Website is the property of sendmeangels.com or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Certain marks used on the SMA Website are trademarks or service marks of sendmeangels.com. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of sendmeangels.com.  Our trademark, sendmeangels.com and trade dress may not be used for any commercial or other purposes by you without our prior written consent. All other trademarks and service marks not owned by sendmeangels.com that appear on the SMA Website are the property of their respective owners, and may not be used without their prior written consent.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the SMA Website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we may reproduce or manufacture the products offered on the SMA Website that claim to have sufficient rights to allow us to display and sell the products on the SMA Website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the SMA Website pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement

If you believe that your work has been copied, distributed or used on the SMA Website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated and submit it to:

Send Me Angels LLC
Attention: Legal Department
15700 S Delavan Cove
Austin, TX 78717
Facsimile: 512-850-5135

Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed.

LICENSE AND SMA WEBSITE ACCESS

We grant you a limited, revocable license to access and make personal use of the SMA Website as our customer. However, you are not permitted to:

• reproduce, duplicate, copy, sell or otherwise exploit the SMA Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“SMA Website Content”) for any commercial purpose;
• use a robot, spider or data mining or extraction tool or process to monitor, extract or copy SMA Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
• use any meta tags, search terms, key terms, or the like that contain the SMA Website’s name or trademarks used on the SMA Website;
• engage in any activity that interferes with the SMA Website or another user’s ability to use the SMA Website;
• modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the SMA Website and the services offered on the SMA Website; or
• assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the SMA Website or the SMA Website Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

YOUR ACCOUNT

If you use the SMA Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS AND QUESTIONS

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

RISK OF LOSS

All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

PRICING

Notwithstanding the product prices shown on the SMA Website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the SMA Website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the SMA Website. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

EXPRESS SHIPPING

We offer express shipping. If you want to request an express shipment and the product you are purchasing displays a message other than "usually ships in 24 hours," you must contact customer service at 512-850-5135 after you have created your order online. Customer service will process your request upon receipt and validation of payment. All products purchased from us that do not specify "Usually ships in 24 hours" will be shipped by the requested method upon availability of the products purchased.

PRODUCT DESCRIPTIONS

We attempt to describe the products offered on the SMA Website as accurately as possible. However, we do not warrant that product descriptions or other content of the SMA Website are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

The SMA Website provides a venue for artists to sell original works of art to users of the SMA Website. To the extent you offer to purchase any original work of art from one of our member artists, you hereby acknowledge and understand that you (together with the selling artist) are responsible for (i) payment directly to the selling artist; (ii) shipment of the work, insurance and risk of loss; (iii) all applicable taxes and other costs; (iv) resolution of any dispute; and (v) complying with any applicable laws, restrictions, regulations that may pertain to the transaction. We provide this venue for your convenience only, and we assume no responsibility for and make no warranty or representation regarding any sale of original art.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SMA WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SMA WEBSITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMA WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SMA WEBSITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMA WEBSITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THE PARAGRAPH IS RETURN FOR REFUND OR, IF AVAILABLE, A CONFORMING REPLACEMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SMA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SMA WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SMA WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL 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.

APPLICABLE LAW

By visiting the SMA Website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement. Any dispute relating in any way to your visit to or use of the SMA Website shall be adjudicated in any state or federal court in Williamson County, Texas, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our SMA Website, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the SMA Website. Your continued use of the SMA Website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Contact us:

Send Me Angels LLC
15700 S Delavan Cove
Austin, TX 78717
Phone: 512-850-5135

SUBJECT TO CHANGE WITHOUT NOTICE

Updated May 10, 2010