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We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
· reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
· use a robot, spider or data mining or extraction tool or process to monitor, extract or copy 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 website’s name or trademarks used on the website;
· engage in any activity that interferes with the website or another user’s ability to use the website;
· modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
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.
If you opt in to receive SMS (text messages) from as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Art.com. By agreeing to receive SMS messages from Art.com, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.
If you use the 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.
All Website Content is our property or the property of our content suppliers and is protected by 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 Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
We are part of a global community and supply chain. We are selective of our vendors and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate the involvement of our suppliers in human trafficking and slavery, including sweatshops and forced or child labor. We obtain contractual representations from our vendors of their compliance with such laws and have the discretion to, with or without notice, inquire on their practices.
Some of our products, such as our wood mounts and SwitchArt™ products, are made with composite wood products such as particleboard and medium density fiberboard (MDF). These wood components are tested for safety in accordance with the California Composite Wood Products Airborne Toxic Control Measure (ATCM). Our products comply with applicable Phase 2 formaldehyde emission standards.
Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not 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 commercial solicitation, political campaign, mass mailing, "spam" or software virus. 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 website, we reserve the right to edit or remove any content 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 website and that use of such content does not violate generally accepted standards of decency. 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 website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.
Users of our Photos to Art service must review
Users of our Frame Your Art mail-in service must review and understand our Frame
By default, any products, including images uploaded by you via photos to art, that you add to My Gallery will be accessible to view and purchase by any third party who has access to your email address. You may change the settings on your gallery or galleries to private at any time by clicking "Edit Settings" within a specific gallery.
We offer our website users certain services that involve the use of images of our products. These include, but are not limited to, our "Tell-A-Friend," "Blog This" and "Send an e-Card" services. The product images provided through these services are protected by international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our website.
We do not accept responsibility that the website, its servers, or e-mail sent from the 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 website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
These Terms of Sale apply to all offers made by Art.com Inc., all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
We are committed to quality products and your satisfaction is 100% guaranteed.
If for any reason you are not completely satisfied with your purchase, you may return it within 30 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
If your order should arrive in less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to . Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Your request will be processed within 48 hours and you will receive an email letting you know your replacement is under production or your refund is being processed.
To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will find on the back of the Packing List included with your order. Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method.
Notwithstanding the product prices shown on the 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 website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Items shipped to destinations in the states of California, Colorado, Connecticut, Illinois, Kansas, Maine, Minnesota, Missouri, New York, North Carolina and Ohio are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.
The following information is provided to purchasers who request items to be shipped to Kentucky, Oklahoma or South Dakota. We are not required, and do not collect sales or use tax for your state. Purchases shipped to your state are subject to use tax unless they are specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Your state requires that you report all purchases that were not taxed and pay tax on those purchases. See your state’s department of revenue or taxation website for appropriate forms and instructions.
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% 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 conforming replacement, refund or credit.
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
By placing an order with Art.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Art.com.
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