Welcome to www.artandculture.com (the “Site”), a website operated by Art+Culture (“Art+Culture”, “we”, “us”, “our” and othersimilar references). We provide our users (collectively, “you” or “your”) with a marketplace where we sell products (“Products”) and offer a number of related services (collectively, the “Services”). By accessing or using the Site, or purchasing our Products, you agree to be bound by the all of the terms and conditions in, and linked to, this Terms of Service (the “TOS”or the “Agreement”). IF YOU DO NOT WISH TO BE BOUND BY THIS TOS, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS.
Art+Culture reserves the right, in our sole discretion, to update or revise this TOS. Your continued use of the Site following any changes to the TOS constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email to the last known address that you have provided us.
You must be 18 years or older to create an Account (“Account”) with or order Products on Art+Culture. When you register, you must only provide us with true, accurate, current and complete information for your Account and/or Orders(defined below). If we believe or suspect that your information is or becomes not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
When you set up an Account, you are required to provide your name, email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for maintaining the confidentiality of your Account Information, and you agree to accept responsibility for all activities that occur thereunder. You agree to immediately notify us in the event of any unauthorized use of your Account or other breach of security. You may only have one Account, and You may not use anyone else’s Account at any time, without the permission of the Account holder. Access to and use of certain areas of the Site is restricted to authorized users only. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization or register for an Account on behalf of any group or entity.
Without limiting any rights which we may otherwise have, we reserve the right to take any and all action,as we deem necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. In no event and under no circumstances will we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Art+Culture under this provision; (ii) any compromise of the confidentiality of your Account or password; and (iii) any unauthorized access to your Account or use of your password.
- Use of Site
You may not use the Site or Services for any purpose that is unlawful or prohibited by this TOS, or to solicit, promote or conduct the performance of any illegal or fraudulent activity or other activity which infringes the rights of Art+Culture or others. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you. Notwithstanding any other rights or restrictions in this TOS, you represent and warrant that you will not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) upload, introduce or transmit to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system or any portion of the Site to which you are not authorized to access; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Art+Culture; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) use the Site or Services to collect or harvest information regarding other users of the Site for any reason whatsoever or to generate and send unsolicited commercial email; (g) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; (h) use the Site or Services to stalk, harass or harm another individual; (i) use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); (j)interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; or (k) mirror or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
This TOS, together with any additional terms on the Site, will govern any order you make through the Site or Services for Products or electronic gift cards (such order, an “Order”). When you place an Order, we will confirm your Payment Information(defined below) and shipping address by sending an email to the email address you have provided. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Art+Culture until the Product(s) has been shipped. If some Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by Art+Culture is based on Product availability and payment processing time, and does not include transit time.All Products will be deemed accepted by you upon shipment, and title to, and risk of loss of, any Products you order passes to you when Art+Culture provides the Product(s) to a common carrier.
To pay for an Order, you will need to provide Art+Culture with the information necessary to process an Order from you, including your shipping and billing addresses and the following billing information: (i) your name as it appears on the card,(ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by Art+Culture), (iii) a valid credit card number; (iv) the date of expiration of your credit card, and (v) any activation numbers or codes needed to charge your card (collectively, your “Payment Information”). We collect Payment Information only to process your transaction and transmit it to our third party payment processor. If you do not wish to provide us any Payment Information, you may opt to process your order with PayPal, in which case we will not collect any Payment Information from you.
By submitting your Payment Information to us, you authorize our third party payment processor to charge your credit card for the amount of the purchase at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make purchases on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- Pricing and Products
We make efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
The trademarks, logos and service marks (“Marks“) displayed on the Site are the property of Art+Culture and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Art+Culture or such third party which may own the Marks. Ownership of all such Marks and the goodwill associated with them remains with, and inures to, us or those other entities. All information and content including any software programs available on or through the Site (“Content“) is protected by our or our licensors’ copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for purposes other than their personal, non-commercial use.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this TOS grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally permitted through the Site according to this TOS. Furthermore, nothing in this TOS will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this TOS.
- External Links
- Additional Terms and Conditions
Specific terms and conditions may apply to specific portions of our Products, on the Site, or your Account (“Additional Terms”). Any such Additional Terms will be available on the applicable web pages and/or near the portions of the Site to which they are applicable and/or as part of this TOS. You agree to abide by such any Additional Terms. If there is a conflict between this TOS and the Additional Term, the latter terms shall control with respect to your use of that portion of the Site, the Products or your Account.
The following terms and conditions apply to the applicable features on the Site:
(a) Membership Rewards. On shipment of each Qualifying Order (defined below) your Account will be credited with a reward as posted (the “Reward“)– and you must have an Account to earn Rewards. A “Qualifying Order” means: (i) the first Order for merchandise on the Site placed by an individual whom you referred to the Site pursuant to the terms of the Referral Program or (ii) an Order for a specific item placed by an individual to whom you recommended that item through the Art+Culture Art Advisor Program (see Art Advisor Terms and Conditions). Rewards may be redeemed only for the purchase of Products and may not be used for the purchase of gift cards or services. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, transfer, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. We will notify you when any Rewards are posted to your account.Unless prohibited by law, Rewards expire eighteen (18) months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards credits, without owing any compensation to you. You are entirely responsible for all taxes related to your Rewards.
(b) Returns. There are no returns or exchanges on Products, provided, however, that we reserve the right to grant and process returns in our sole discretion in the event of damaged or incorrect merchandise. All sales are final and non-refundable.
(c) Credit Balances. Any credit balance (including a Reward balance) will be automatically applied to your next purchase of merchandise from the Site and the order of redemption of such credits will be determined by Art+Culture. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your Account to be applied to your next purchase, subject to the foregoing terms and conditions. If your Account is terminated for any reason, any credit balances in your Account may be cancelled, except as prohibited by law. Account balances are determined by Art+Culture and such determination is final.
(d) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. While Art+Culture does not charge for this service, charges from your carrier for usage may apply and you are responsible for all such charges. Using this Service while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of this TOS. It may also be illegal.
(e) Member Email and Postings. The Site may provide Members with the ability to send messages to others and to post messages or other content on the Site. You are solely responsible for your profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post“) on or through the Site or Services, or transmit to or share with other members (collectively, the “Member Content“). Any Member Content that is posted will not be treated as confidential and may be able to be read by others. Please be thoughtful about what you post.
Art+Culture has the right, but not the obligation, to monitor and decline, edit, or remove (without notice)all or any portion of any Member Content in its sole discretion. If Art+Culture chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content.
When you post or otherwise make available any Member Content for inclusion on any part of the Site, you hereby grant Art+Culture an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for Art+Culture’s (and its successors’ and affiliates’) business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Art+Culture that Art+Culture is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
All Member Content is the responsibility of the Member, not Art+Culture. In addition to the restrictions set forth in Section 2, you agree not to use the Site to post content or other communications that contain, and you represent and warrant that your Member Content will not contain: (i) material or information that: (a) is false, misleading, inaccurate, political, libelous or otherwise unlawful, abusive, discriminatory, tortious, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive, obscene, or racially, ethnically, religiously, sexually or otherwise offensive, as we may determine in our sole discretion; (b) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (c) violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; (d) advocates or encourages illegal activity; or (e) has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Art+Culture, its subsidiaries, affiliates or a third party; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that include any copyrighted or private information; (vii) information similar or related to the foregoing.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO Art + Culture BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH Art+Culture, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE OR INFRINGE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS OR RIGHTS OF PRIVACY. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT.
- Modification and Notification of Changes
- Procedure for Claims of Intellectual Property Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Art+Culture’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Art+Culture’s agent for notice of claims of copyright or other intellectual property infringement can be reached by mail at Copyright Agent, Art+Culture, 225 Broadway, Floor 11, New York, NY 10007, USA, or by email at email@example.com.
- Privacy and Security
- Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A”LINKED SITE”) ARE PROVIDED TO YOU “AS IS”. Art + Culture MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL ART+CULTURE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
We make no warranty that the Products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Site or services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in this TOS.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Art+Culture AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Art + Culture HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES, INCLUDING OUR PRODUCTS, IS LIMITED, IN AGGREGATE,TO THE GREATER OF: (I) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
- Indemnity and Release
You agree to indemnify and hold Art+Culture and (as applicable) Art+Culture’s subsidiaries, affiliates, joint ventures, officers, directors, agents, and employees harmless from any claim or demand including reasonable attorney’s fees, made by any third party due to or arising out of: (i) your use of the Site or the Services; (ii) any Member Content; (iii) your breach of this TOS or the documents it incorporates by reference; or (iv) your violation of any law or the rights of a third party.
You hereby release Art+Culture, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (x) your use of the Site; (y)any disputes you may have with any other members of the Site; or (z) your purchase of any Product(s). You hereby waive California Civil Code Section 1542, which states:”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
- Survival of Terms
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS, in addition to Sections 6, 7, 8f, and 12 through 16.
- Electronic Communications
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this TOS by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below.If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, you and we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. From time to time Art+Culture may offer special promotional offers which may or may not apply to your Art+Culture account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Art+Culture will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Art+Culture to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Art+Culture does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there will be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Art+Culture and governs your use of the Site, superseding any prior agreements between you and Art+Culture with respect to the Site. This TOS is personal to you, and you may not transfer, assign or delegate your right and/or duties under this TOS to anyone else and any attempted assignment or delegation is void.
If you have any questions about this TOS, please contact us at:
225 Broadway, 11TH FL, New York, NY 10007