Terms of Service and Use
Date of Last Revision: May 30th, 2017
We believe in keeping things simple, clear, and ethical at all times. You can expect care and honesty when you purchase from us. We focus on the products and services that we believe in — products that we personally like to use, desire, or would recommend to our friends and family.
Sadly, world is full of people who don’t share our philosophy of treating others as we would have them treat us. So our lawyers made us safeguard against them by advising us to prepare for the worst, hence the lengthy legal language.
Who are we to argue against the wisdom of our nerdy lawyers who spent years figuring out how to protect against potential harm. Every time we argue with our lawyers they invoice us obscene amounts. We just want to focus on offering awesome products at great value. Plus, as much as we'd like to help pay for their expensive toys, we know it'll be you who will pay for it ultimately... thus all the legal mumbo-jumbo. So feel free to read on and see what and how our legal experts wish to protect us. Then, if you’re still awake, feel free to spend your hard earned money on awesome products we offer to our friends and family.
Please read these terms and conditions of service and use ("Terms of Service") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of these Terms of Service, and all terms incorporated in to these Terms of Service by reference.
These Terms of Service apply to your access to, and use of, the website and services of Artsy.com (the "Site", "Artsy").
You represent and warrant that you are authorized to accept these Terms of Service on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Artsy for violations of these Terms of Service.
While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Artsy also needs time to update the Site, and while Artsy tries to do this during slow periods, Artsy cannot always wait or schedule downtime that way.
These basic terms apply to your use of Artsy. Artsy will terminate your account if you violate any of these terms:
You also agree not to do any of the following:
Changes to Terms of Service
Artsy reserves the right to change or modify any of the terms and conditions in these Terms of Service or any policy or guideline of the Site, at any time and in its sole discretion.
Any changes or modifications to these Terms of Service will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed or modified terms, you must stop using the Site.
Artsy may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. Such circumstances may include when the product you wish to purchase is out of stock or has been mispriced, we suspect the order is fraudulent, or in other circumstances Artsy deems appropriate in its sole discretion. Artsy also reserves the right, in its sole discretion, to verify your identity to process your order. Artsy will either not charge you or void the charges for orders that we do not process or cancel.
Artsy values your patronage and we work hard to ensure that you receive your items on time. If for any reason, you are not satisfied with your item, if the item is flawed or damaged, or the incorrect item, size or style was delivered, Artsy accepts returns and will issue a full refund within sixty (30) days from the end of the product campaign sale. In addition, please see our Return Policy.
If you are in any way unsatisfied with your purchase, please contact us.
Artsy attempts to provide accurate descriptions of products and services on the Site. Artsy does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, please contact us to return the item, as specified in these Terms.
Artsy strives to provide accurate pricing information regarding the products available on the Site. We cannot, however, insure against pricing errors. Artsy reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, Artsy will notify you by email. In addition, Artsy reserves the right, at its sole discretion, to correct any error in the stated price.
The Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Artsy cannot guarantee that an item listed as "in stock" will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Artsy attempts to process the order. Should this happen, Artsy will notify you by email. If Artsy determines that a product you wish to purchase is no longer available, the item will be cancelled from your order and Artsy will notify you by email.
Shipping and Tax
Shipping and tax are included in your order summary before you pay. Shipping and handling fees may change from time to time, which will be reflected in your order summary.
Fees and Services
When you purchase item(s) ("Goods"), you will be charged for the total order amount. Buyer will be responsible for any applicable fees, including all taxes, shipping and handling fees.
If Artsy, for any reason, is unable to receive payment from the Buyer's method of payment for the full amount owed for the Goods provided, or if Artsy is charged a penalty for any fee it previously charged to the Buyer, the Buyer agrees that Artsy may pursue all available lawful remedies in order to obtain full payment. If the Buyer pays by credit card and if for any reason Artsy is unable to charge the Buyer's credit card with the full amount owed for the Goods provided, or if Artsy is charged back for any fees it previously charged to the Buyer's credit card, the Buyer agrees that Artsy may pursue all available lawful remedies in order to obtain full payment. The Buyer agrees that the remedies Artsy may pursue in order to effect payment.
Become a Registered Member
In order for you to become a "Member" of Artsy and enjoy the services at the Site, you must sign up by providing a valid email address, along with creating a password for your account.
In order to become a Member, you must be 18 years of age and agree to these Terms of Service.
You may not engage in any fraudulent or illegal behaviour while using the services or the Site.
Artsy reserves the right to stop or suspend the services for a definite or indefinite period. Member hereby accepts that Artsy shall have no liability by its members resulting from stopping or suspending the services for a definite or an infinite period. Member hereby irrevocably accepts Artsy rights and limited liabilities and agrees to become a Member under these terms.
Copyright and Limited License from Artsy
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, all Artsy names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Artsy or its licensors and are protected by Canadian, U.S. and international copyright laws.
You are granted a limited, non-sublicensable permission to access and use the Site for your informational and personal use only in accordance with these Terms of Service. Such permission is subject to these Terms of Service and does not include any right or permission to: (a) rent, lease, license, resell or use for any commercial purpose the Site or any of the Site Materials; (b) collect or use any product or service listings, pictures or descriptions; (c) distribute, publicly performance or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Site or the Site Materials, or any portion thereof; (e) use any data mining, scraping, crawlers, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Artsy, is strictly prohibited and will terminate the permission granted herein and your right to use the Site or receive any privileges from Artsy, including any purchases submitted by you prior to termination.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Except for the limited permission granted in this Section, nothing in these Terms of Service or elsewhere on the Site shall be construed as conferring any permission to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This permission is revocable at any time by Artsy.
If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Tom Wilson
Full Address of Designated Agent to Which Notification Should be Sent: Unit 510 - 280 Nelson St. Vancouver, BC, Canada V6B 2E2
Telephone Number of Designated Agent: 604-628-9388
Facsimile Number of Designated Agent: 604-628-9389
E-Mail Address of Designated Agent: Please use our Contact Form.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Artsy, the Artsy logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of Artsy, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Artsy or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "Artsy" or any other name, trademark or product or service name of Artsy without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service Artsy, trademark and/or trade dress of Artsy and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Artsy.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Artsy.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Artsy or any of its suppliers or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any Artsy logo or other proprietary graphic of Artsy to link to this Site without the express written permission of Artsy.
Further, you may not use, frame or utilize framing techniques to enclose any Artsy trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Artsy express written consent.
Except as noted above, you have no right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Artsy or any third party.
Third Party Sites
Artsy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Artsy and Artsy is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Artsy provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by Artsy of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
Artsy may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Artsy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Artsy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Artsy may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.
Artsy is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-Artsy advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Artsy or Artsy' products or services that are provided by you in the form of email or other submissions to Artsy, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Artsy. You hereby assign unconditionally and irrevocably and Artsy shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and Artsy, including Artsy' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.
You agree to defend, indemnify and hold harmless Artsy, its independent contractors, suppliers, merchants, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Artsy and/or its independent contractors, suppliers, merchants, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your violation of these Terms of Service or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ARTSY.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARTSY.COM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. ARTSY.COM DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
FURTHER, ARTSY.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT WILL ARTSY.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ARTSY.COM OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARTSY.COM'S OR ANY USER OR MEMBER'S RECORDS, PROGRAMS OR SERVICES.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT ARTSY.COM BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTSY.COM FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE ARTSY.COM EARNED ON YOUR PRODUCT PURCHASE.
YOU AGREE THAT ARTSY.COM WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SERVICE PROVIDERS OR SUPPLIERS.
ARTSY.COM DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SERVICE PROVIDERS OR SUPPLIERS.
Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Service, Artsy will not be liable for any intellectual property, product or service provided by any service provider or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the service provider, supplier, manufacturer or service provider.
Limitation of Time
You agree that you will not bring a claim under these Terms of Service more than eighteen months (18) from when your claim arises.
All disputes arising out of or in connection with these Terms of Service will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.
Applicable Law and Venue
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of British Columbia, without regard to its conflict of law provisions.
Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the provincial and federal courts located in Vancouver, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service or your use of the Site.
Notwithstanding any of these Terms of Service, you agree that Artsy shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver of Jury Trial and Class Action Rights
To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Artsy, respective officers, directors, employees or agents, arising out of or relating to these Terms of Service: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Notwithstanding any of these Terms of Service, Artsy reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Artsy, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.
Artsy will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Artsy of a change in your email address, or if you fail to receive the notifying email for any reason.
You may close your account at any time by filling out the contact form with your request or you can do so yourself by entering your account information and clicking on Settings and clicking on 'Delete My Profile', but these Terms of Service will apply to your past (or any future) use of the Site after closing your account.
These Terms of Service represent the entire understanding and agreement between you and Artsy regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
You agree that if Artsy does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Artsy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Artsy' rights and that those rights or remedies will still be available to Artsy.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at:
[Re: Privacy Compliance Officer]
Unit 510 - 280 Nelson St.
Vancouver, BC, Canada