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Terms and conditions

TERMS OF SERVICE AND PRIVACY POLICY LAST UPDATED: July 2, 2017

Welcome to the Artist.com website. We're glad you're here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the "Agreement") state the terms and conditions that govern your use of this website and our other services.

1. LEGALLY BINDING CONTRACT

The first thing you should know is that this Agreement constitutes a legally binding contract between you and Artist.com. Our official company name is Artist.com, LLC, but we operate under the name Artist.com. Hereinafter, whenever we use the terms "Artist.com," "We," "Us, or "Our," please note that we are referring to Artist.com, LLC.

This Agreement applies to your use of this website as well as any services we provide, such as selling and delivering artwork and other products. This Agreement applies whether you are in the United States or another country.

Because we also collect information from you with this website, we also have a Privacy Policy that is expressly incorporated into this Agreement and is reproduced at the end of this document. You can also see our Privacy Policy here, and it may be updated at any time.

You agree to this Agreement by doing any one of the following:

  1. Using, accessing, or viewing this website;
  2. Registering for or using an online account through this website;
  3. Submitting content, such as product reviews, to us for publication;
  4. Submitting artwork to us to market or sell through this website;
  5. Ordering or purchasing artwork or other products from us.

Please read this Agreement carefully. If you do not agree to this Agreement or our Privacy Policy, you may not access or otherwise use this website or purchase products or services from us.

2. GENERAL PROVISIONS APPLICABLE TO ALL USERS

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice. By using this website after such changes are made, you agree to such changes.

This Agreement constitutes the entire agreement between Artist.com and you with respect to your use of this website and any transaction with Artist.com, such as the purchase of artwork or other products or services. Any cause of action you may have with Artist.com, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Artist.com disclaims any and all responsibility for content contained in any third party materials provided through links from this website.

You agree that you will not solicit any artists or galleries whose products are marketed and sold on Artist.com. You further agree that you will not solicit other visitors or users of Artist.com.

3. USING OUR WEBSITE

To use, view, or access this website, you must be at least eighteen (18) years old.

When you access, view, or use this website, you agree to the terms of this Agreement.

With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way.

We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.

This website may contain links and pointers to the other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.

4. REGISTERING FOR AND USING AN ACCOUNT

To register for or use an online account with Artist.com, you must be at least eighteen (18) years old.

When you register for or use an online account with Artist.com, you agree to the terms of this Agreement.

You agree that all information you submit to us is true and correct. You further agree that you will not register for or use an account for any third person or entity.

You agree that all communications which occur between you and any other registered user of Artist.com regarding artwork, sales, commissions, or any other inquiries, shall solely be through Artist.com's Messaging System. You agree that you will not communicate with any other registered user of Artist.com via email, telephone, or any other method. There shall be no submission of phone numbers, e mails, or any other personal contact information transmitted through these messages. If there are transmissions of any personal contact information, Artist.com may deactivate your account without any notice.

You will not display or disclose your email address in any publicly visible location on Artist.com, including but not limited to your personal bio materials, artwork descriptions, comments, Me Creating Art Section, or any other area of Artist.com.

You agree that you will not use any personal or business website information on artwork that you display on Artist.com.

To prevent unauthorized access or use of your account, you agree that you will keep your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of your password or user ID could permit unauthorized persons to gain access to your account and your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your password, user ID, and other account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use or access your account, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person or entity.

We may at our option change the parameters for the password used to access your account without prior notice to you, and if we do so, you will be required to change your password the next time you log into your account.

We may terminate your account for any reason or for no reason at all, with or without notice, and without liability of any kind.

5. SUBMITTING CONTENT TO OUR WEBSITE

We encourage you and all our users to submit artwork and product reviews to this website. We do not and cannot review all materials posted to this website by users, and we are not responsible for any such materials posted by users. We will not publish all material submitted to this website, so if you submit content such as a product review to us, we may decline to publish it. Further, we may delete any material after it is published on this website for any reason or for no reason, with or without notice.

By submitting content to us, you represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, obscene, pornographic, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact, (ix) contain religious or racial insults or attacks, and (x) are used to stalk or harm any person , and ( b) that you are at least eighteen (18) years old.

By posting or uploading images of any kind of artwork (including but not limited to images of paintings, photographs, sculpture, digital art, videos of art or the artist creating art, or any other type of art), art and product reviews, messages, uploading any type of artwork image or other files in any type of format including still shots (including but not limited to JPEG, TIF, GIF) or video (including but not limited to MPEG), uploading any type of artwork or other video files, inputting data, or engaging in any other form of communication (individually or collectively, "Communications") to this website or Artist.com, you hereby grant to Artist.com and its successors and assigns a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, republish in still format (including but not limited to JPEG, TIG, GIF formats) or video format (including but not limited to MPEG and other formats), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Artist.com and its successor and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

Unless otherwise prohibited by law, any communication or material you transmit to us via the website or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain, and review all communications, including those by telephone, email, and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations.

Please note that upon submission, any suggestion, idea, or proposal or other material you provide to us becomes our property without limitation or further consideration.

6. ORDERING AND PURCHASING PRODUCTS

To order and purchase products and the delivery of same (the "Products") from Artist.com, you must be at least eighteen (18) years old.

When you order or purchase the Products, you agree to the terms of this Agreement.

While Artist.com and its Service Providers will attempt to make a perfect reproduction of any artwork sold on Artist.com in printed form, there may be certain imperfections that occur in making such reproductions. You agree that such imperfections may occur and are not a breach of any contract to purchase products from Artist.com.

Artist.com reserves the right to apply cropping, modification of color saturation, and any other editing of images which Artist.com, in its sole discretion, determines are necessary for the reproduction of the artwork at issue. You agree that Artist.com may make such editing to make such reproductions.

You agree that while you may crop an image in the selection of your product, the final product you receive may differ to some degree. Such difference shall not be considered a product defect and will not entitle you to return any such product.

You agree that Artist.com may utilize one or more third party vendors or subcontractors ("Service Providers") to print or create products sold to you and to fulfill order production.

When an original work of art is sold, Artist.com acts as a third party vendor in the transaction. When a buyer clicks on the option to purchase an original artwork, Artist.com is notified, and will act as an intermediary between the buyer and the seller. The final price of the artwork may include shipping, which will be paid by the buyer. Artist.com will take a commission of 25% of the price of the artwork, but will not receive commission on the shipping charge. Once payment has been received by Artist.com, the seller will be notified to ship the artwork to the buyer. Once the buyer receives the artwork in good condition and has approved the artwork, then Artist.com will release the money to the seller, minus the 25% commission of Artist.com. Buyers who live outside the United States should comply with the local laws of their country in this transaction. Buyer agrees to hold Artist.com harmless from any liability regarding authenticity of the original work of art. The buyer will have sufficient time to research the artist and the artwork prior to making their purchase, and will have five business days to inspect the artwork. If they have any concerns regarding the artwork's authenticity or any other issue, they will send an e mail to [javascript protected email address] within the five business day window from the time of receipt of the artwork. After the five day inspection period, if no notice is received from the buyer, Artist.com will release the appropriate payment to the seller. After this time period, the buyer and the seller agree that Artist.com will not be held responsible for any concerns, disputes or problems arising from this transaction. It is the responsibility of the seller to properly pack and ship the artwork safely, to the correct address of the buyer. The seller must also purchase the appropriate amount of shipping insurance. The seller must ship the artwork by a method (FedEx or certified mail, etc) in which the shipment can be tracked, and verification of the date of receipt can be confirmed.

7. DELIVERY POLICY

(1) Methods of Delivery

We deliver artwork and other products via FedEx, UPS or DHL.

(2) Timing of Delivery

We will make every attempt to accommodate delivery requests, however we do not guarantee deliveries at specific dates or specific times.

(3) Undeliverable Locations

While we can deliver to most locations in the United States, there are a few exceptions that we will address here. We cannot make deliveries to airport terminals, cemeteries, cruise ships, or trains.

8. SALES TAX

Orders delivered to Texas are subject to sales tax, which we collect. You will have an opportunity to review this amount before submitting your order.

9. CANCELLATION, RETURNS, AND REFUND POLICY

Artist.com stands behind its products and will repair or replace products within certain limitations. These limitations are essential to allow Artist.com to operate efficiently and to achieve finality in orders. Accordingly, by ordering products from Artist.com, you agree to the following:

  1. Any damage due to shipping in printed art products will be covered by the respective shipping agent. You are required to document the damage with supporting pictures, as these pictures will be submitted for insurance coverage. You must submit these pictures and any claim to Artist.com at [javascript protected email address] within 3 calendar days of receiving the respective shipment;
  2. With respect to wall hanging prints, any damage or defect that is related to the manufacture of the product (as opposed to shipping damage), will be replaced by Artist.com at no charge and Artist.com will pay for the accompanying shipping, if reported to Artist.com at [javascript protected email address] within 3 calendar days your receipt of the product and returned to Artist.com within 2 weeks of your receipt of the product. If you report such damage to Artist.com after 3 calendar days of your receipt of the product, or fail to return the product to Artist.com within 2 weeks of your receipt of the product, then Artist.com will not be responsible and will not replace the product. In such event, you may return the product to Artist.com at your expense, and Artist.com will either repair or replace the product at its discretion and the entire cost for such repair or replacement will be paid by you. Any email you send to Artist.com concerning such damage should describe your specific concerns and the specific damage to the product;
  3. There may be minor defects in the canvas, fine paper, and metal prints, which are occasional inherent defects associated with the manufacture of wall hanging prints. Artist.com is not responsible for accepting returns on products with such minor defects;
  4. With respect to any non-wall hanging products (such as mugs, mousepads, wine boxes, etc.), Artist.com will only be responsible for major manufacturing defects such as images printed upside down, the printing of an incorrect image, etc. The determination of what constitutes a major manufacturing defect will be at Artist.com's sole discretion. Artist.com will replace such products at no charge and Artist.com will pay for the accompanying shipping, if such major manufacturing defect is reported to Artist.com at [javascript protected email address] within 3 calendar days of your receipt of the product and returned to Artist.com within 2 weeks of your receipt of the product. If you report such major manufacturing defect to Artist.com after 3 calendar days of your receipt of the product, or fail to return the product to Artist.com within 2 weeks of your receipt of the product, then Artist.com will not be responsible and will not replace the product. In such event, you may return the product to Artist.com at your expense, and Artist.com will either repair or replace the product at its discretion and the entire cost for such repair or replacement will be paid by you. No other returns, exchanges, or refunds are allowed for non-wall hanging products. Returns, exchanges, or refunds will not be provided for non-wall hanging products based on concerns regarding cropping, image saturation, slight image distortions, slight image rotations, slight wrinkling of images, etc.
  5. Artist.com will not accept returns, exchanges, or refunds because the customer "changes their mind" or does not like a particular product upon receiving it. You may not cancel an order after receiving the product.
  6. When original artwork is shipped directly from the seller to the buyer, the buyer must notify Artist.com by e mail to [javascript protected email address], within five business days, regarding any concerns about authenticity, and one calendar day regarding any damage to the artwork. They buyer must provide Artist.com, by e mail, photographs of any damage.

10. PROVISIONS APPLICABLE TO ARTISTS, GALLERIES, AND OTHER SELLERS

  1. Any person or entity that provides artwork to Artist.com for Artist.com to sell prints and other related products, including but not limited to the owner of the copyright in such work shall hereinafter be referred to as an "Artist."
  2. As an Artist, you hereby represent and warrant to Artist.com:
    • (a) You are the sole copyright holder to any and all work that you submit to Artist.com to market and sell;
    • (b) You own the copyright of the images which you upload or transmit to Artist.com to market and sell, whether for the sale of original artwork or prints on wall hanging or non-wall hanging products;
    • (c) You are the sole owner and creator of any and all work you submit to Artist.com to market and sell;
    • (d) You have all rights and releases for any work that you submit to Artist.com to market and sell in original form and as reproductions and other products, including wall hanging art, prints, framed prints, metal prints, canvas prints, mugs, wine boxes, mouse pads, T shirts, baggage tags, and any other products which may be sold on artist.com ;
    • (e) If any work you submit to Artist.com to market and sell contains a depiction of a celebrity or an individual's name, you have a license to market and sell such work and are free to market and sell such work on Artist.com;
    • (f) If any work you submit to Artist.com to market and sell contains a corporation name, logo, or other trademarked material, you have a license to market and sell such work and are free to market and sell such work on Artist.com;
    • (g) Any work you submit to Artist.com to market or sell does not (1) violate the privacy of any person, (2) violate the right of publicity of any person or entity, (3) does not contain defamatory content, (4) does not infringe any third party's copyright, (5) does not contain child pornography, (6) does not harass any individual or entity, and (7) does not disclose any confidential or proprietary information of any third party;
    • (h) At the time that you submit any work to Artist.com to market or sell, there are no threatened or pending lawsuits, direct or indirect, affecting such work or the images of such work;
    • (i) At the time that you submit any work to Artist.com to market and sell, you have not been asked to remove such work from any other website or gallery.
  3. As an Artist, you hereby agree to indemnify, defend, and hold Artist.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, third party vendors, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim concerning any work you submit to be marketed on Artist.com, including but not limited to claims for copyright infringement, invasion of privacy, defamation, infringement of the right of publicity, trademark infringement, or any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
  4. As an Artist, you understand and agree that:
    • (a) Artist.com is not responsible for any financial, reputational, intellectual property or other property loss which you may suffer or may arise from your use or any third party's use of Artist.com;
    • (b) Artist.com is not responsible to you for any lost revenue or profits from your use of the Artist.com website;
    • (c) Artist.com is not obligated to pursue any legal action against any alleged infringer of any copyright you may hold on any work. Artist.com recommends that you take appropriate steps to register the copyright in each work you own;
    • (d) Artist.com uses third party vendors ("Service Providers") to print and frame reproductions of works you submit to Artist.com to market and sell, as well as to store images of works you submit to Artist.com to market and sell. While Artist.com and its Service Providers will take reasonable measures to protect such images, there is an inherent risk of cyberattacks and theft of such images from Artist.com and its Service Providers. you hereby agree to indemnify, defend, and hold Artist.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, third party vendors, licensors, and licensees harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim concerning any work which may suffer from such an attack, as well as from an accidental loss of images or data.
    • (e) You will provide Artist.com with your physical address so that Artist.com can send you notification regarding any claim for copyright infringement concerning any work or material you submit or post to Artist.com;
    • (f) Artist.com may utilize one or more third party vendors or subcontractors ("Service Providers") to print or create products and fulfill order production. You agree that these Service Providers may perform such functions;
    • (g) Artist.com may offer affiliate programs for third party websites to market and sell products you submit for marketing and sale on Artist.com. You agree that these third party websites are granted license and permission to market and sell products based on your work;
    • (h) If any work you submit to Artist.com is sold through a third party website, then the terms of such third party website apply in addition to Artist.com's Terms of Service;
    • (i) Artist.com will store images you submit on third party servers. When a product is ordered for which your image is required, your image may be downloaded by third party printer who will create the ordered product. Upon completion of such order fulfillment, the third party printer will be required to delete the image from their possession. A third party framer may also be used to frame a print of your work ordered on Artist.com. The final product may be shipped by such third party printers or framers to the buyer. You agree that these third party Service Providers are granted license and permission to perform these functions;
    • (j) Artists that sell works, whether prints or originals, on Artist.com are only entitled to compensation as follows:
    • i. For prints of wall hanging artwork, the Artist will receive the profits which they themselves select on the Artist Control Panel of this website. Artists will also receive 7% of the profits that Artist.com collects for the sale of frames and mats for the Artist's work;
      ii. For prints of non-wall hanging artwork (such as mugs, mousepads, T-shirts, wine boxes, etc.), the Artist will receive the profits which they themselves select on the Artist Control Panel of this website;
      iii. Artists may change their profit selection on the Artist Control Panel of this website by logging into their account at any time;
      iv. If for any reason, Artist.com refunds any amount to a customer for the purchase of a product based on the Artist's work, Artist.com will deduct such amount from the Artist's future commissions;
    • (k) Artist.com will pay commissions to Artists only to each respective Artist's PayPal account, which information you agree to provide to Artist.com. Commissions will be paid by Artist.com at the end of each month in a single payment for all commissions accrued in such month.

11. COPYRIGHT AND TRADEMARKS

This website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this website are only for your personal, non-commercial use. All materials contained on this website are protected by copyright, and are owned or controlled by Artist.com. You will abide by any and all additional copyright notices, information, or restrictions contained on this website. Copying or storing of any portion of this website is expressly prohibited without our prior written permission.

All logos, product, and service names on this website are owned by Artist.com (the "Artist.com Trademarks"). You agree that you will not use the Artist.com Trademarks without our express permission.

You agree that you will not copy or take any computer code of Artist.com.

12. NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT OR OTHER INTELLUCTUAL PROPERTY INFRINGEMENT

If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on this website, please send written notice of claimed infringement to:

[javascript protected email address]

Telephone Number: 888-255-9147

At a minimum, any written notice of claimed infringement must contain the following:

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In compliance with the Digital Millennium Copyright Act (17 U.S.C. 512(i)), we will terminate, in appropriate circumstances, the accounts of users, customers, and account holders who are repeat infringers of third party copyrights.

13. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Artist.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, vendors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

14. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU HEREBY AGREE AND ACKNOWLEDGE THAT THERE ARE RISKS TO USING THIS WEBSITE AND THE PRODUCTS. THE PRODUCTS (ARTWORK, FRAMES, PRINTS, MUGS, AND OTHER PRODUCTS ETC.) AND THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARTIST.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE PRODUCTS AND THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, ARTIST.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTIST.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, MALWARE, SPYWARE, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ARTIST.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

UNDER NO CIRCUMSTANCES WILL ARTIST.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO ARTIST.COM OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO , DAMAGES FROM SPLINTERS FROM WOODEN MATERIAL, CUTS AND SCRATCHES FROM CERAMIC AND PORCELAIN MATERIAL, AND ALLEGERIC REACTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT ARTIST.COM'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO ARTIST.COM, WHICHEVER IS GREATER.

15. GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of Texas. You agree to subject yourself to the personal jurisdiction of the courts of Texas.

Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Artist.com, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Artist.com (such as false advertising and fraud), and excluding defamation and intellectual property right infringement claims by Artist.com or its owners, officers, employees, and assigns, shall be settled solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.

All claims, excluding defamation and intellectual property right infringement claims by Artist.com or its owners, officers, employees, and assigns, shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Harris County, Texas. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree not to raise the defense or argument of forum non conveniens.

16. ALCOHOL POLICY

We do not sell or deliver alcohol products.

17. CALIFORNIA PROPOSITION 65 WARNING

California Residents: In accordance with Proposition 65, please be warned that consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead - a chemical known to the State of California to cause birth defects or other reproductive harm.

Artist.com Privacy Policy

Artist.com would like to inform you how we protect your privacy and use information we collect via this website. This Privacy Policy (hereinafter "Policy") is an agreement between you and Artist.com, LLC (hereinafter "Artist.com"). Please read the terms of this Policy carefully.

If you do not agree to the terms of this Policy you may not use our website.

We may amend, add to, change, or modify the terms and conditions of this Policy from time to time. Such amendments will be posted at this URL, and will take effect when posted. By continuing to use our website, shopping on this website, or registering for an account with Artist.com, you agree to the terms of this Policy and any amendments thereto. You further agree to the use of your "Personally Identifiable Information" by us in the manner specified in this Policy.

We will never share your personal information with anyone except as described in this Policy.

1. INFORMATION COLLECTED

We collect two general types of information, "Non-Personally Identifiable Information" and "Personally Identifiable Information." We collect this information generally to process orders and to improve our website.

A. Non-Personally Identifiable Information

When you visit our website, we may collect some basic Non-Personally Identifiable Information about you. We collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, household income, buying preferences, etc.

Non-Personally Identifiable Information is collected in order to provide you with satisfactory service and to improve our website. We may use the information to detect problems with our server and to administer our site. In addition, Non-Personally Identifiable Information is compiled by us and analyzed on an aggregate basis.

B. Personally Identifiable Information

We do not collect any Personally Identifiable Information about you unless you voluntarily submit such information to us, by, for example, registering for an account or placing an order for original artwork or other products. This information lets us know the specifics of who you are and can be used to identify, contact, or locate you. Artists who market and sell work through Artist.com will have their name, city, country and other Biographical Information displayed alongside the Artist's artwork on Artist.com.

Personally Identifiable Information may consist of: your name, address, telephone number, email address, birth date, billing information (credit card number, expiration date and billing address), products purchased, any relevant promotion code and information (for example, reward program account information) and the recipient's name, address, telephone number, email address and any other information you may provide us ("Personally Identifiable Information" ). By providing us with Personally Identifiable Information, you consent to our use of that information.

We use Personally Identifiable Information for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers.

Personally Identifiable Information is compiled by us and analyzed on both a personal and an aggregated basis.

To serve you better, we may combine Personally Identifiable Information you give us online. We may also combine that information with publicly available information about you that we may receive from third parties.

We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and for other promotional purposes.

We may contract with third-party companies or persons to provide certain services including credit card processing, local delivery, printing services, distribution, data management, promotional services, etc. ("Service Providers").

We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

2. REGISTERING FOR A PERSONAL ACCOUNT

When you register for a Personal Account on our website, you provide us with Personally Identifiable Information. This information allows us to identify you, and also allows us to prepopulate information fields when you place an order.

Your Personal Account is password protected from third parties. You may access your Personal Account Logging In to your account.

Afterward, you may change your password, edit your Personal Information or request a password reminder at any time. Our database stores your billing and delivery information, and will automatically transfer it to the order form each time you place an order so that you do not have to re-enter this information when you sign in at subsequent visits.

3. PLACING AN ORDER

When you place an order, we require you to provide us with Personally Identifiable Information. This information allows us to process the orders that you place with us.

For your shopping convenience, when you place an order, we automatically establish your own Personal Account where information used in placing such order (including billing address, email address, telephone number(s) and rewards program information) is saved.

The recipient phone number, which you furnish to us when you place an order, is used for delivery purposes. On some occasions, the recipient may be called to schedule delivery. To maintain our high quality standards, we will occasionally contact recipients to ensure satisfaction with the product.

4. USE OF INFORMATION

In general, we will only use the information you provide to us for the purpose for which such information was provided. For example, we will use information provided for processing orders and delivery of products. We may share such information with our third party Service Providers as necessary to complete your order. For example, we will share your Personally Identifiable Information with our credit card processer to process credit card transactions for your order. We may also share your Personally Identifiable Information with the artist, printer, and/or framer who may be used to fulfill and deliver your order. Further, we may share your Personally Identifiable Information with FedEx, UPS or other delivery services to deliver your order.

We may also use this information to deliver to you information about our company and promotional material from some of our partners, trend analysis, pattern direction, and site administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future mailings from Artist.com and other entities by following the instructions set forth in the opt-out section below.

Non-personal demographic and profile data is used to tailor your experience at our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

5. USE OF COOKIES AND CLEAR GIFs

When you view our website we might store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection.

When you click through to our website from a promotional email, our Service Provider may send a cookie to your hard drive recording your IP address and other related information.

Some of our Service Providers may employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure advertising effectiveness.

Clear GIFs help us better manage content on our website by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users.

The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your Personally Identifiable Information.

Our Service Providers may use clear GIFs: (i) in HTML based emails to determine which emails have been opened by recipients; (ii) to record when products have been ordered from our site; and (iii) to track the visitor traffic on our site.

These clear GIFs allow us to measure the usage our site by our visitors and the effectiveness of certain communications and marketing campaigns. We may also use clear GIFs in a similar manner in our own emails and on our site.

Clear GIFs can "work with" existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear GIF, the Web site would match the clear GIFs identifier and the advertising company's cookie ID number, to show the past online behavior for that computer.

This collected information can be shared with the advertising company. We may provide such information to our Service Providers but that information can only be used by our Service Providers for our benefit.

6. CREDIT CARD INFORMATION

We collect credit card payments from users when they purchase our products. No payments are collected without a user's explicit authorization. All credit card information is processed for us by a third party merchant processing service, and we do not have access to any of our users' personal credit card information. Processing of the foregoing credit cards follows credit card industry standards. You agree and acknowledge that while we and our Service Providers do not intend for any of your credit card information to be disclosed to unauthorized individuals, there is an inherent risk of cyberattacks and theft of credit card information. Indeed, even government high security organizations have been subject to information security breaches.

As always, consumers making purchases must have a valid credit card, be at least 18 years of age or older, and have a good credit standing.

7. OTHER WEBSITES; LINKS

Our website may contain links to other websites. These websites may have different privacy policies and practices from Artist.com. Artist.com is not responsible for the privacy practices or the content of such websites. Accordingly, you access such linked sites at your own risk. We urge you to follow safe Internet practices and do not supply Personal Information to these websites unless you have verified their security and privacy policies.

8. CHANGES AND OPTING OUT

If you would like to modify your account simply return to our website, click on the link called "Login". Once you have signed in to your account a menu of options is provided for you to delete or edit your stored account information.

Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

You may opt-out of receiving communications from our partners, and from us, by sending an email to [javascript protected email address]

9. Subpoena Policy

We will disclose Personally Identifiable Information, after subpoena or written request, to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We do not voluntarily disclose user personal information to unaffiliated third parties. If we are served with a subpoena for personal information of a user, we will provide notice to the user whose personal information is sought by the subpoena to give them the opportunity to object to the subpoena. If the user does not object to the subpoena within a specified period of time, we will comply with the terms of the subpoena. Should the user object to the subpoena in a court of law, we will abide by whatever decision is reached by such court of law.

10. PUBLIC COMMUNICATIONS

We allow you to make public comments on our website in the form of artwork and product reviews and other comments. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Insofar as you submit such comments or images, including images of you, you agree that Artist.com may use such comments or images for promotion and publicity in press releases, advertisements, and social media, including but not limited to Facebook, Instagram, Twitter, YouTube, Artist.com video and Pinterest.

11. SECURITY

We use the Secure Sockets Layer (SSL) technology. SSL encrypts your order information as additional protection against the decoding of that information by anyone other than us.

However, despite all reasonable security precautions and processes, such as password protection, encryption technology, and use of firewall technology, no data transmission over the Internet can be guaranteed to be 100% secure. You agree and acknowledge that there is always a risk of a data breach by Artist.com or any of its Service Providers.

As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Once we receive your transmission, we will take commercially reasonable precautions to protect its security on our systems.

If you open a Personal Account with Artist.com, your password will be your personal, secret entry code to our website. When you access your account information, it is kept on a secure server and a password is needed to access any account areas.

You can change your password as many times as you like. We recommend that you keep your password in a safe place and that you always sign off your account and close your browser window once you have finished your visit.

These precautions will help prevent someone else from accessing your account, especially if you share a computer with other people or use a computer in a public place such as an Internet cafe or library.

12. CHILD PROTECTION

We take special care to protect the safety and privacy of children. To use, view, or access this website, you must be at least eighteen (18) years old. Consumers making purchases on our site must have a valid credit card and be 18 years of age or older.

It is the policy of Artist.com not to collect Personally Identifiable Information on any person under the age of 18 and we request that any person under age 18 not submit any Personally Identifiable Information via our website.

13. SALE, TRADE, OR RENTAL OF PERSONALLY IDENTIFIABLE INFORMATION

We only share Personally Identifiable Information with businesses that we believe to be reputable and that can provide you with offers and information that we think will be of interest to you. We assume no responsibility for this practice.

We may offer free promotional emails and send promotional direct mail for products and/or services offered on our website or from businesses that we believe are reputable, as a service to our prior customers. You have several options for altering or removing your information from our database at any time: see "Changes and Opting Out" section above.

14. INTERNATIONAL ORDERS

If you are located outside of the United States, please be aware that any information you provide will be transferred to us in the United States.

By using our site or providing us with your information, you hereby consent to this transfer. In addition, if you provide data about other individuals (such as gift recipients), you agree that you have obtained consent from each such individual to the submission and processing of such information to the terms of this Policy, including without limitation the transfer of such data to the United States.

Although we will collect and use your information only as stated in this Policy, laws generally applicable to the protection of personal data in the United States may not be as stringent as those in some users' home jurisdictions.