Terms of service for My3Dartgallery.com
Throughout the site, the terms “we”, “us” and “our” refer to My3Dartgallery.com. The Terms of Service apply to all users of the site, without limitation. “Terms” refer to this document. Using this site, and making purchases means you have read and accepted the “Terms” in its entirety. We reserve the right to change, or update the “Terms” from time-to-time without prior notice. Continuing to use the information and services on this website means you have acceptance of all “Terms”, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, amended, or added in the future.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these “Terms”.
Responsibilities of the Purchaser
It is the responsibility of the purchaser to ensure all art is properly secure and hung on the wall in such a way to ensure it does not pose a hazard to anyone if it falls. Do not hang over walkways or above beds.
If this artwork is incorrectly installed and falls from a high distance, it could potentially cause property damage, serious injury, or death. Utilizing a Professional to hang art is advised. The artist and seller will not be liable for any injuries or damages resulting from the use of this artwork. You acknowledge and assume all risks associated with hanging or hung art.
Age of Majority and Copyright
By agreeing to these terms, you are representing you are at least the age of majority in the state or province where you reside and/or are responsible for any merchandise purchased using your credit cards.
You agree you will not use our products for any illegal or unauthorized purchase, including but not limited to violation of copyright laws.
You agree not to transmit worms, malware, or viruses or use any code in a destructive manor.
We reserve the right to immediately terminate service if any of the above, or adherence to our “Terms”, come into question.
Communications and General Conditions:
We reserve the right to refuse service to anyone for any reason at any time.
While your information may be transferred unencrypted if communicating on Contact Forms in order to conform to the needs of various networks, your credit card information is always encrypted during transfer. It is not visible to us it is only visible to our payment providers and your credit card processor. If your credit card information is stored, it is by the credit card processor or your credit card provider.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website, nor the Services herein provided.
Accuracy
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, for example: original art, may have already sold. We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Service and Pricing
Prices for our products are subject to change without notice.
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.
Products and Services
Due to the nature of art, all our products limited quantities, with the exception of reprints should we offer reproductions for sale, and are subject to return or exchange only according to our Return Policy. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We only sell to Canada and Continental US, and do not ship to PO Boxes. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
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.
Billing and Account Information
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Technology and Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools, now or in the future, offered through the site is entirely at your own risk and discretion and 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).
Links – Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
We are 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Comments, Feedback or Submissions
We reserve the right to any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; or to pay compensation for any comments; or to respond to any comments.
We reserve the right to use any information you send at our discretion including specific submissions with or without a request from us. This includes creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’).
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property of these
Terms of Service.
You agree that your comments will not:
(1) Violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
(2) 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 Service or any related website.
(3) 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 and assume no liability for any comments posted to our website or social media, by you or any third-party.
Data and Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors and Omissions
Our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
Rights and Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(1) for any unlawful purpose;
(2) to solicit others to perform or participate in any unlawful acts;
(3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
(4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(6) to submit false or misleading information;
(7) 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 Service or of any related website, other websites, or the Internet;
(8) to collect or track the personal information of others; including to phish, spam, pharm, pretext, spider, crawl, or scrape; or for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer and Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, 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 My3dartgallery, our directors, affiliates, agents, contractors, or service providers 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 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.
Any exclusion or the limitation of liability for consequential or incidental damages, in prohibited by other states or jurisdictions, our not our liability, as a user of this site you agree to terms of the Courts of Vancouver, BC. If you have any liability concerns, you agree to leave this site and not use it.
Indemnity
You agree to indemnify, defend and hold harmless My3dartgallery.com and officers, directors, agents, contractors, or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, 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.
Severability
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforce-ability of any other remaining provisions. It is your responsibility to leave this site and not use our services if you do not agree to the Terms as written.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entirety of Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Courts in Vancouver, BC, Canada.
Changes and Amendments
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SMS Marketing and Communication
We value your privacy and the information you consent to share in relation to our SMS and online marketing services. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
By consenting to My3dartgallery SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at admin@my3dartgallery.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Contact Information
Questions about the Terms of Service should be sent to us at admin@my3Dartgallery.com.
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