Terms of Service
Version 1.1 (updated 05-07-2018)
2. Terms & definitions
Artwork – A painting, drawing, mixed media, collage, photograph or other artistic work
Artist – Anyone selling artwork through the Site
Comments – Creative ideas, suggestions, proposals, feedback, or other materials submitted to us with or without request (inc. contest entries), whether online, by email, by postal mail, or otherwise
Inappropriate Comments – Comments that We judge to be unlawful, offensive, threatening, abusive libellous, defamatory, pornographic, obscene, otherwise objectionable, violating any party’s intellectual property, violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right
Service – Browsing the Site, viewing and/or purchasing Artwork
Shipping & Returns Policy – Policy detailing how Artwork is shipped to You and condition for return
Site – www.whereforeart.co.uk and all related subdomains and pages
User / You / Your – Anyone accessing the Service and/or using the Site including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
WhereforeArt / We / Our / Us – WhereforeArt Limited, a business facilitating the sale of Artwork
These terms are governed by English law and by agreeing to these terms and accessing the Service and the Site You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If any provision of this agreement is held invalid, illegal or unenforceable, such provision shall be severed and shall be inoperative, and the remainder of this agreement shall remain operative and binding on the parties.
The Site is operated by WhereforeArt and hosted on Shopify Inc, who provide WhereforeArt with an online e-commerce platform.
(Link to Shopify Terms of Service: https://www.shopify.com/legal/terms)
Please read these Terms of Service carefully before accessing or using the Site.
If You do not agree to all the terms and conditions of this agreement and associated policies, then You may not access the Site or use any of our Services.
Any new features or tools which are added to the Site shall also be subject to these Terms of Service
6. Our Role
We act as a marketplace and have been authorised by the Artists to promote their Artwork and to collect payment on their behalf.
When You purchase an Artwork from the Site, You are purchasing directly from the Artist and forming a direct contract with the Artist, which We are not a party to.
The Artist is responsible for performing the contractual obligations associated with Your purchase, including Artwork delivery and ensuring that the Artwork arrives as described and of merchantable quality.
We may at Our discretion facilitate dispute resolution but We accept no liability for any disputes arising between You and an Artist.
7. Terms of Service Changes
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to amend any part of these Terms of Service at any time by posting updates to this page, so please review it frequently.
Amendments and clarifications will take effect immediately upon their posting on this page.
Your continued use of / access to our Site and Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
8. Age Eligibility
By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your country of residence, or that You are the age of majority in Your country of residence and You have given us Your consent to allow any of Your minor dependents to use this Site.
9. Accurate, Complete & Current Information
We are not responsible if information available on this Site is not accurate, complete or current and We expressly exclude liability for any such inaccuracies to the fullest extent permitted by law.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update, amend or clarify information on the Site.
You agree that it is Your responsibility to monitor changes to our Site.
Any reliance on the material on this Site is entirely at Your own risk.
10. Product Description
All descriptions of products (including product pricing) are subject to change at any time without notice, at Our sole discretion.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that Your computer monitor's display of any colour or images will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.
11. Errors & Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time without prior notice (including after You have submitted Your order).
12. Service Provision
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to You.
13. Service Refusal, Limitation & Cancellation
We reserve the right to refuse service to anyone for any reason at any time, including limiting our products or Services to any person, geographic region or jurisdiction.
We may, at our sole discretion, limit or cancel orders.
In the event that We make a change to or cancel an order, We may attempt to notify You using the contact details provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
14. Third-Party Content & Tools
Content on the Site may include materials from third-parties, including optional third-party tools.
Any use by You of such optional third-party tools is entirely at Your own risk and discretion and We shall have no liability relating to Your use of such tools. You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-party links on the Site may direct You to third-party websites that are not affiliated with Us.
We are not responsible for examining or evaluating third-party materials or websites and We will have no liability or responsibility related to materials, products, or services of third-parties.
15. Copyright Statement
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the Site without Our express written permission.
16. Prohibited Uses
In addition to the terms in this agreement, You are prohibited from using the Site or its content:
- for any unlawful purpose or to solicit others to perform or participate in any unlawful acts
- to violate any laws in Your jurisdiction (including but not limited to copyright laws)
- to infringe upon or violate the intellectual property rights of WhereforeArt or others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to upload or transmit worms, viruses or any other code of a malicious or destructive nature
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service
We reserve the right to terminate Your use of the Service and the Site for violating any of the above.
17. User Comments, Feedback & Submissions
You agree that we may edit, copy, publish, distribute, translate and otherwise use without restriction in any medium any Comments that You send to Us.
We are under no obligation to maintain any Comments in confidence, to pay compensation for any Comments or to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content or Comments that we determine in our sole discretion to be Inappropriate Comments or to breach these Terms of Service
You agree that Comments will not contain any computer virus, malware or code that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any Comments.
You are solely responsible for any Comments You make and their accuracy.
We take no responsibility & assume no liability for any comments posted by You or any third-party.
18. Personal Information
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site.
19. Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent or warrant that Your use of the Service will be uninterrupted, timely, secure or error-free.
You expressly agree that Your use of the Service is at Your sole risk.
The Service and all products and services delivered to You through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WhereforeArt, Our directors, employees and agents be liable for any injury, loss, claim, or damages of any kind, arising from Your use of any of the service or any products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless WhereforeArt, Our directors, employees and agents from any claim or demand made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
Our liability shall be limited to the extent permitted by law. WhereforeArt will not be liable for any third-party claims regarding originality of any Artwork or any rights contained therein.
These Terms of Service are effective unless and until terminated by either You or Us.
If We discover, or have reasonable grounds to believe, that You have breached, violated or otherwise failed to comply with any term or provision of these Terms of Service, then, at Our sole discretion, We may terminate this agreement at any time without notice. The consequences of such termination may include, but are not limited to, cancellation and full refund of orders, refusal to accept orders from You and a request that You cease to access the Site or use the Services.
You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use our Services, or when You cease using our Site.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Explicitly, You will remain liable for all amounts due up to and including the date of termination.
Any Questions about these Terms of Service should be sent to Us at firstname.lastname@example.org