Collector Terms and Conditions
In order to make a purchase through the Services, you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Artonique reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Creating / safeguarding passwords
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Artonique of any unauthorized use of your Account.
What's Artonique's 7-Day Return Policy?
Artonique is committed to ensuring the 100% satisfaction of our art collectors! That's why once you’ve receive an original artwork, we'll give you seven (7) days from the date of delivery to decide whether or not you’d like to keep that artwork or return it for a refund.
You may return any eligible artwork provided that it is returned to the artist in its original condition and packaging.
The return guarantee is NOT applicable to any commissioned work of art.
Purchases of Original Works of Art
As a Member, you may purchase Works of Art that are listed by Artists on Artonique. When you purchase such a Work of Art through the Services, you are purchasing the work from the Artist identified on the listing for such work and not from Artonique. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including GST/VAT, if any, for which you are responsible and which will be separately identified on your receipt. Artonique and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Artonique’s then-current Return Policy apply to any Works of Art that you purchase through the Services.
Artist Terms and Conditions
In order to make a sale through Artonique, you must first complete our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process, Artonique will send an email confirming your inclusion as “Artist” or denying your inclusion in the platform. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Artonique reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Creating / Safeguarding Password
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Artonique of any unauthorized use of your Account.
Listing Works on Artonique
As an Artist, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art or for digital images of works of art (“Digital Works”) that were created by another artist.
In order for your listings to be accepted, you must provide Artonique with all the information requested by Artonique and you must comply with any other Artonique requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Artonique with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Artonique’s current listings content guidelines. Artonique reserves the right to edit any listings to ensure that they comply with these guidelines.
You acknowledge that your listings may not be immediately searchable by keyword or category for several hours. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price. You also acknowledge that Artonique reserves the right to promote and market Works of Art through the use of various marketing tools. You agree to Artonique’s use of your listings for this purpose.
You always retain the right to remove a listing from the Services by informing Artonique customer service.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Artonique the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Services nor Artonique’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
For Original Works of Art only, Artonique will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Artonique, you will be responsible for shipping the purchased Work of Art directly to the purchaser. Artonique will provide you with information regarding its preferred shippers with which Artonique maintains an account. You agree to ship the purchased Work of Art to the purchaser within seven (7) days following the date of purchase (the
“Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Work of Art via a Artonique preferred shipper account, Artonique will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and pickup address to Artonique if you are using a Artonique preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Artonique (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Artonique preferred shipper or if you pay for the cost of shipping yourself, Artonique will reimburse you for the amount you paid for shipping, up to the amount that Artonique or the third party website charged the purchaser for shipping.
General Terms and Conditions
- Acceptance of Terms
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, OR YOU DO NOT AGREE WITH THIS TERM YOU MAY NOT USE THIS SERVICE. YOU ALSO AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
All rights, title and interest in the Content is the property of the artist, and is used with permission by Artonique, and is protected by applicable laws. You understand that all Content posted on, transmitted through, or otherwise made available through the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post or otherwise make available via the Service. Artonique does not control, and is not responsible for Content made available through the Service, and by using the Service; you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Artonique does not in any way guarantee the authenticity and content of any item posted on the Artonique site.
- Third party content, sites, and services
Our site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content (e.g. other websites) which is completely independent of Artonique.
Your interactions with physical or legal persons that you have met through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such physical or legal persons. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We recommend you to be cautious when interacting with other physical or legal persons.
You agree that Artonique shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as a result of any such dealings. If there is a dispute between users on our site, or between users and any third party, you understand and agree that Artonique is under no obligation to be involved. In the event that you have a dispute with one or more other users, you hereby explicitly and irrevocably release Artonique from any and all claims and damages arising out of or in any way connected with such disputes and the Service.
- Suspected Infringement
If you for whatever reason believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Artonique’s customer service.
In such case, please provide our customer service with sufficient detail in order for Artonique to be able to identify the material that you claim is infringing and a description of the infringement. Please also provide your contact information.
Artonique respects copyright law and expects its users to do the same. It is Artonique’s policy to terminate in appropriate circumstances Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Abusing Artonique
In order for Artonique to create a tasteful environment there are certain limitations regarding what may be posted on the website. Hence, you agree not to post, email, upload, transmit or otherwise in any way handle or make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, or is harmful to minors in any way;
- That is pornographic or depicts a human being engaged in actual sexual conduct or other sexual behaviour;
- That harasses, degrades, intimidates or is hateful towards an individual or group on the basis of political beliefs, religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- That includes personal or identifying information about another person without that person's explicit consent;
- That is false, deceptive, misleading, deceitful or mis-informative;
- That infringes any intellectual property rights of any party, or Content that you do not have a right to make available under any legal or contractual relationship;
- That advertises the sale of any item which is prohibited or restricted by applicable law.
- That contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or
- That violates any agreements such as e.g. confidentiality agreements.
Additionally, you agree not to:
- Engage in any conduct that limits any other person from using or enjoying the Service;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose or otherwise stalk or harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Alter, delete, interfere or otherwise damage any portion of Artonique
- Use automated means to download data from the Service, unless expressly permitted by Artonique;
- Attempt to gain unauthorized access to Artonique's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Artonique website.
Artonique will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artonique may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artonique has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Artonique reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for any Works of Art, Artonique Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Artonique, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
- Your Access
Artonique grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by Artonique.
- Limitations on Service
You acknowledge that Artonique may establish limits concerning use of the Service, such as including but not limited to limit the number of days that Content will be retained by the Service, limit the number and size of postings, limit the number and size of email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Artonique has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Artonique reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Artonique shall not be liable to you or anyone else for any modification, suspension or discontinuation of the Service.
Should you wish to put on hold, or stop exhibiting with Artonique you can do so by informing Artonique.
- Disclaimer of Warranties
THE SERVICES, ARTONIQUE CONTENT AND MEMBER/ARTIST CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTONIQUE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTONIQUE MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTONIQUE CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTONIQUE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTONIQUE OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTONIQUE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES ARTONIQUE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. ARTONIQUE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
- Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL ARTONIQUE BE LIABLE FOR ANY DAMAGES OF ANY KIND, RESULTING FROM ANY ASPECT OF YOUR USE OF THE ARTONIQUE SITE OR THE SERVICE, COMPLETELY REGARDLESS OF HOW THE DAMAGES HAVE ARISEN. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ARTONIQUE SITE OR THE SERVICE OR ANY LINKS ON THE ARTONIQUE SITE.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Artonique Content and Member Content remains with you. Neither Artonique nor any other party involved in creating, producing, or delivering the Services, Artonique Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Artonique Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artonique has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- Governing Law and Disputes
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Artonique and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artonique and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Artonique’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Artonique may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Artonique reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
- Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Artonique used herein are trademarks or registered trademarks of Artonique or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Artonique via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Transaction Restrictions
If you are a Member Artist, you hereby agree that you will not sell artworks (including, without limitation, Original Works of Art, Digital Works, and newly commissioned artworks) to another Member independent of Artonique and the Services. Similarly, if you are a Member and desire to purchase artworks (including, without limitation, Original Works of Art, Digital Works, and newly commissioned artworks) from a Member who is an artist on Artonique, you hereby agree that you will not purchase such artworks from such artist independent of Artonique. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Artonique including, without limitation, injunctive or other appropriate relief.
All prices, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works of Art you acknowledge that Artonique will withhold the Taxes required to be withheld from the payments Artonique makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid.
If you are a purchaser of Original Works of Art and/or Commissioned Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Artonique uses commercially reasonable efforts to display the colors of Original Works of Art, as accurately as possible on its platform. However, because individual computer monitors may display colors differently, Artonique is not responsible for the color accuracy of any Original Works of Art, Digital Works or Sculpture displayed on the Services, and disclaims all liability in this regard.
- Artonique Content
Artonique may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Artonique Content”), some of which is owned by Artonique (“Artonique-owned Content”), and some of which is made available under license by a third party (“Artonique-licensed Content”). Artonique authorizes you to download, view and print Artonique-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Artonique-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Artonique-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artonique or its licensors, except for the licenses and rights expressly granted in these Terms.
The failure of Artonique to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Artonique. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Contacting Artonique
If you have any questions about these Terms, please contact Artonique at firstname.lastname@example.org
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction
These Terms will be governed by the laws of the province of British Columbia, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state court or arbitration located in Vancouver, British Columbia, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at email@example.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Mutual Agreement to Arbitrate
PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
The arbitrator, and not any federal, state, local, or other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Vancouver, British Columbia. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to firstname.lastname@example.org or by mailing us, postage prepaid, to our registered address, Attention: Legal Department. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on Artonique or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge or Jury
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions
You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Notice to users
The Services are controlled and operated by Artonique from British Columbia, Canada. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to export controls exercised by various countries in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.