Terms and Conditions
Last Updated: May 15, 2024
1. Introduction
Welcome to ArtCanvas. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website located at artcanvas.com (the "Site") and form a binding contractual agreement between you, the user of the Site, and ArtCanvas ("we", "us", "our").
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Site.
2. Definitions
For the purposes of these Terms and Conditions:
- "Content" means any information, text, graphics, photos, designs, trademarks, or other materials uploaded, downloaded, or appearing on the Site.
- "Services" refers to any services, products, content, features, technologies, or functions offered by ArtCanvas through the Site.
- "User", "You", and "Your" refer to the person, company, or organization that has visited or is using the Site or Service.
- "ArtCanvas", "We", "Us", and "Our" refer to ArtCanvas.
3. User Accounts
3.1 Account Creation
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.
3.2 Account Responsibilities
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.3 Account Termination
We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site, or you may contact us at [email protected].
4. Intellectual Property
4.1 Site Content
The Site and its original content, features, and functionality are and will remain the exclusive property of ArtCanvas and its licensors. The Site is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ArtCanvas.
4.2 User Content
By posting, uploading, inputting, providing, or submitting content to the Site, you grant ArtCanvas and our affiliated companies the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your content in connection with the operation and promotion of the Site.
4.3 DMCA Compliance
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Your contact information, including your address, telephone number, and an email address
- A statement by you that you have 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
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
5. User Conduct
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes:
- Conducting any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or in relation to our Site without our express written consent
- Using the Site to transmit or send unsolicited commercial communications
- Using the Site for any purposes related to marketing without our express written consent
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
- Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempting to interfere with the proper working of the Site
6. Products and Services
6.1 Product Information
We strive to provide accurate product and service descriptions. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
6.2 Pricing and Availability
All prices are shown in GBP (£) and include VAT where applicable. Prices and availability of products and services are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice at any time.
6.3 Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by ArtCanvas. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ArtCanvas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7. Purchases
7.1 Payment
We accept the following payment methods:
- Credit cards (Visa, MasterCard, American Express)
- PayPal
- Bank transfers
All payments are processed securely through our payment processors. ArtCanvas does not store credit card details.
7.2 Order Confirmation
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming that the product has been dispatched. The contract between us will only be formed when we send you the dispatch confirmation.
7.3 Digital Goods
For digital goods, upon purchase and payment confirmation, you will receive access to download the digital content or receive instructions for accessing the service. Please note that digital products are not eligible for return or exchange due to their nature, except as required by applicable consumer protection laws.
8. Disclaimer of Warranties
The Site and its content are provided on an "as is" and "as available" basis without any warranties of any kind. We disclaim all warranties, expressed or implied, including but not limited to the warranty of title, merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
ArtCanvas makes no warranties or representations about the accuracy or completeness of the Site's content and assumes no liability for:
- Any errors, mistakes, or inaccuracies of content
- Personal injury or property damage resulting from your access to and use of the Site
- Any unauthorized access to or use of our secure servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Site
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site
9. Limitation of Liability
In no event shall ArtCanvas, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Site
- Any conduct or content of any third party on the Site
- Any content obtained from the Site
- Unauthorized access, use, or alteration of your transmissions or content
Regardless of the cause of action, whether in contract, tort, or otherwise, and even if we have been advised of the possibility of such damages. Where liability cannot be excluded or limited by applicable law, our liability is limited to the maximum extent permitted by such law.
10. Indemnification
You agree to defend, indemnify, and hold harmless ArtCanvas, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.
11. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
12. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
15. Contact Us
If you have any questions about these Terms, please contact us:
- By email: [email protected]
- By phone: +442196899529
- By mail: ArtCanvas, 62 Morris Forge, New Pete, DD8 1LR, United Kingdom