Terms & Conditions
ARTS AT WORK: TERMS & CONDITIONS
Arts At Work (“AAW”) operates and offers the AAW website, including all information, tools and services available from the AAW website, to all users of the AAW website including, without limitation, users who are browsers, customers, featured artists and/or content contributors (“AAW Users”), whose acceptance is limited to the Terms and Conditions (“Terms”) contained herein.
By visiting or using any part of the AAW website and/or purchasing something from AAW, AAW Users agree to be bound by all of the Terms contained herein and/or available by hyperlink.
ALL SALES ARE FINAL – AAW is committed to providing excellent customer service. Please contact AAW with any questions you may have prior to purchase. AAW is pleased to send additional artwork images, answer any questions regarding artwork details and to confirm availability of order quantities prior to purchase, as artworks offered for sale on the AAW website may have limited quantities.
While AAW assumes no responsibility to do so, AAW reserves the right to update and/or change information, tools, features and services of the AAW website at any time, which updates/changes shall also be subject to the Terms contained herein. It is the responsibility of AAW Users to periodically check this page for any updates/changes, where the most current version of the Terms will be disclosed. Following the posting of any updates/changes, the continued use of or access to the AAW website by AAW Users constitutes acceptance of any said updates/changes.
The AAW website is hosted by Bluehost Inc. (“Bluehost”). In addition, AAW uses Mijireh Checkout (a subsidiary of Reality66 LLC, “Mijireh”) and Beanstream Internet Commerce, Inc. (Canada) (“Beanstream”), which companies together provide AAW with secure and PCI compliant online e-commerce platforms that allow AAW to sell artworks to AAW Users.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, AAW Users represent that they are at least the age of majority in their province of residence. AAW Users may not use AAW artworks for any illegal or unauthorized purpose nor may AAW Users, in the use of the AAW website, violate any laws in their jurisdiction (including, but not limited to, copyright laws). AAW Users must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms by an AAW User will result in an immediate termination of all AAW services to said AAW User.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to any AAW User for any reason at any time. AAW Users understand that their content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
AAW Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, use or access of the services provided on the AAW website, or any contact on the AAW website, without previously receiving the express written permission of AAW.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
AAW is not responsible if information made available on the AAW website is not accurate, complete or current. The material on the AAW website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on the AAW website is at the own risk of an AAW User.
The AAW website may contain certain historical information which, by necessity, is not current and is provided for AAW User reference only.
SECTION 4 – MODIFICATIONS TO PRICES AND/OR SERVICES
Prices for artworks offered for sale on the AAW website are subject to change without notice. AAW reserves the right at any time to modify or discontinue the AAW website and ancillary tools, information and services (or any part or content thereof) without notice at any time. AAW shall not be liable to AAW Users or to any third-party for any modification, price change, suspension or discontinuance of the AAW website and ancillary tools, information and services.
SECTION 5 – ARTWORKS AND/OR SERVICES
Artworks offered for sale on the AAW website may have limited quantities. While we have made every effort to display as accurately as possible the colors and images of the artworks offered for sale on the AAW website, we cannot guarantee that the colour will be accurate on the computer monitor display of any AAW User. AAW reserves the right, but is not obligated, to limit the sales of artworks offered for sale on the AAW website to any person, partnership, corporation, geographic region or jurisdiction and may exercise this right at its own discretion. At the sole discretion of AAW, descriptions and pricing of artworks are subject to change at any time without notice. AAW reserves the right to discontinue to offer an artwork for sale on the AAW website at any time and any offer for sale of an artwork made on the AAW website is void where prohibited. AAW does not warrant that the quality of any artworks, services or information purchased or obtained by AAW Users will meet their expectations, or that any errors in said services or information will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
At its sole discretion, AAW reserves the right to refuse any order placed with AAW and may also limit or cancel quantities purchased per transaction, per person, partnership and/or corporation. AAW reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Should AAW elect to change or cancel an order, AAW may attempt to notify the respective AAW User by contacting the e-mail, billing address or phone number provided at the time the order was made. AAW Users agree to provide current, complete and accurate purchase and account information for all purchases made on the AAW website. AAW Users agree to promptly update their account and other information, including email address and credit card numbers and expiration dates, so that AAW can complete their transactions and contact AAW Users as required.
For more detail, please review the ARTS AT WORK: PURCHASE POLICY.
SECTION 7 – OPTIONAL TOOLS
The AAW website may provide AAW Users with access to third-party tools over which AAW neither monitors nor has any control nor input. AAW Users acknowledge and agree that AAW provides access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools by AAW Users.
Any use by AAW Users of optional third-party tools offered through the AAW website is entirely at the risk and discretion of AAW Users. AAW Users should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, AAW may also offer new services and/or features through the AAW website (including the release of new tools and resources), which new services and/or features shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via the AAW website may include materials from third-parties.
Third-party links on the AAW website may direct AAW Users to third-party websites that are not affiliated in any way with AAW. AAW is not responsible for examining or evaluating the content or accuracy of third-party websites and does not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
AAW is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Any AAW User should review carefully the third-party’s policies and practices and make sure they are understood before any AAW User engages in any third-party transaction. Complaints, claims, concerns, or questions regarding third-party materials, products, services or content should be directed to the respective third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of AAW, AAW Users send certain specific submissions (for example contest entries) or, without a request from AAW, AAW Users send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), AAW Users agree that AAW may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that AAW Users forward to AAW. AAW is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
AAW may, but has no obligation to, monitor, edit or remove content that AAW determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
AAW Users agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. AAW Users further agree that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the AAW website. AAW Users may not use a false e-mail address, pretend to be someone other than them self, or otherwise mislead AAW or third-parties as to the origin of any comments. AAW Users are solely responsible for any comments they make and for the accuracy of said comments. AAW takes no responsibility and assumes no liability for any comments posted by AAW Users or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the AAW website that contains typographical errors, inaccuracies or omissions that may relate to artwork descriptions, pricing, promotions, offers, artwork shipping charges, transit times and availability. AAW reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the AAW website is inaccurate at any time without prior notice (including after AAW Users have submitted an order on the AAW website).
AAW undertakes no obligation to update, amend or clarify information on the AAW website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the AAW website should be taken to indicate that all information on the AAW website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, AAW Users are prohibited from using the AAW website or its content for: (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the AAW website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the AAW website or any related website, other websites, or the Internet. AAW reserves the right to terminate the use by any AAW User of the AAW website or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
AAW does not guarantee, represent or warrant that the use of the AAW website by any AAW User will be uninterrupted, timely, secure or error-free.
AAW does not warrant that the results that may be obtained from the use of the AAW website will be accurate or reliable.
AAW Users agree that from time to time AAW may remove the AAW website for indefinite periods of time or cancel the AAW website at any time, without notice to AAW Users.
AAW Users expressly agree that their use of, or inability to use, the AAW website is at their sole risk. The AAW website and all content, artworks, services and other websites delivered to AAW Users through the AAW website are (except as expressly stated by AAW) provided on an ‘as is’ and ‘as available’ basis for their 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 AAW, nor its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use by any AAW User of any of the services on the AAW website or any artworks procured using the AAW website, or for any other claim related in any way to their use of any service or any piece of artwork, 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 AAW website or any content (or piece of artwork) posted, transmitted or otherwise made available via the AAW website, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, therefore, in such states or jurisdictions, AAW liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
AAW Users agree to indemnify, defend and hold harmless AAW and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any breach of these Terms by any AAW User of the AAW website or the documents they incorporate by reference or violation by any AAW User of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by AAW or AAW Users. AAW Users may terminate these Terms at any time by notifying AAW that they no longer wish to use the AAW website, or when AAW Users cease using the AAW website.
If, in the sole judgment of AAW, AAW Users fail, or we suspect that AAW Users have failed, to comply with any term or provision of these Terms, AAW also may terminate this agreement at any time without notice and AAW Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny AAW Users access to the AAW website (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of AAW to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by AAW on the AAW website or in respect to the AAW website constitutes the entire agreement and understanding between AAW Users and AAW and govern the use of the AAW website by any AAW User, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between AAW Users and AAW (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby AAW provides services to AAW Users shall be governed by and construed in accordance with the laws of 489 Grand Blvd., Oakville, ON, L6H1P2, Canada.
SECTION 19 – CHANGES TO TERMS
AAW Users can review the most current version of the Terms at any time at this page.
AAW reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the AAW website. It is the responsibility of any AAW user to check the AAW website periodically for changes. The continued use of or access to the AAW website following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms should be sent to AAW at firstname.lastname@example.org or at:
Arts At Work
489 Grand Blvd.
Oakville, ON L6H1P2