Terms & Conditions
Part A
INTRODUCTION
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website accessible at www.artspacedream.com (Platform) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th January 2018. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the Platform. We are a company registered in the Czech Republic. To contact us, please visit our «Contact us» page or email us: artspacedream@gmail.com
1.2 A user must be a member to purchase products (Customer). A user must apply to register to become a Customer. You will receive personal information about impending sales campaigns via our email service, provided that you have agreed to receive these emails. Customers control their email preferences on their personal profile page on the Platform.
2. THE PRODUCTS
2.1 The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order.
2.2 The packaging of the Products may vary from that shown on images on our Platform.
2.3 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process that order.
3. USE OF OUR SITE
3.1 Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A CONSUMER
5.1 If you are a consumer, you may only purchase Products from our Platform if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
6. COOPERATION WITH LEGAL ENTITIES
6.1 This paragraph we warn that we work with legal entities exclusively in the territory of the Czech Republic. In any other country we sell our goods only to individuals.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
a) changes in how we accept payment from you;
b) changes in how we conduct business;
or
c) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from our Platform, the Terms in force at that time will apply to the Contract.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. OUR LIABILITY IF YOU ARE A CONSUMER
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
8.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. EVENTS OUTSIDE CONTROL
9.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 9.2.
9.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Control takes place that affects the performance of the obligations:
a) you will be contacted as soon as reasonably possible;
and
b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 If you are a consumer, please note that these Terms are governed by Czech Republic legislation. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by Czech Republic legislation.
10.6 Please contact us at: artspacedream@gmail.com for all queries, complaints and issues that relate to the Seller’s orders, unless described otherwise in these Terms.
Click here for further information about our returns and refunds policy.
11. HOW THE CONTRACT IS FORMED BETWEEN YOU AND artspacedream.com
11.1 For the steps you need to take to place an order on our Platform, please see our FAQs section. Click FAQ
11.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
11.3. When you send the order, you will receive an email from us confirming that we received your order. However, please note that this does not mean that your order has been accepted. We accept your order as described in paragraph 11.4.
11.4. We will confirm your order by sending you a message by email. Within three days the ordered painting must be paid. As soon as the money is at the account of the gallery, within two or three days we will send you a letter confirming the sending of the picture (dispatch confirmation). To follow the tracking of the parcel you will be send the track code. The contract between us will be formed only after sending you the dispatch confirmation.
11.5 If we are unable to supply you with a Product, for example because that Product is not in stock, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
12. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
12.1 If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts.
12.2 We offer each customer a 14-days back guarantee without risk of losing money. Please, note that the following is required to receive a refund request:
• There must be less than 14-days since the moment of getting the painting;
• The artwork must be in its original packaging and in the same condition as it arrived;
• please, note that the artworks must be carefully prepared for return shipping in the original packaging in order to get the right for a refund, that’s why it is important for you to unpack carefully received paintings.
Click Returns Policy paragraph for more information on return policy.
12.3 To cancel a Contract, you must contact us by using a tool provided within the Platform. Visit the My Account/Returns, or in writing by sending an e-mail to artspacedream@gmail.com You may wish to keep a copy of your cancellation notification for your own records.
12.4 You will receive a full refund of the price you paid for the Products and any applicable Delivery Charges you paid for. We will process the refund due to you normally within 3 working days after your Product(s) has been returned or as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation.
12.5 We will refund you on the credit card or debit card used by you to pay.
12.6 If the Products were delivered to you:
a) you must return the Products in its original packaging and including any certificates;
b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. However, this cancellation right does not apply in the case of any made-to-measure or custom-made products ------- ----------------- ------------
13. DELIVERY
13.1 The painting will be sent from the country in which it is located. It can be Belarus, Lithuania, Latvia, Czech Republic, Spain and others.
Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control (as defined in Clause 9.2), and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfil delivery because of an Event Outside Control, we will contact you.
Click for more information: Delivery information
13.2 Delivery will be completed when the Products are delivered to the address you gave us.
13.3 The Products will be your responsibility from the completion of delivery.
13.4 You own the Products once we have received payment in full, including all applicable Delivery Charges.
14. INTERNATIONAL DELIVERY
14.1 If you order Products from our Platform for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
14.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
14.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
15. PRICE OF PRODUCTS AND DELIVERY CHARGES
15.1 The prices of the Products will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
15.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
15.3 The price of a Product does not include the Delivery Charges for delivering that Product to you (Delivery Charge) unless expressly stated on the Product page. Our Delivery Charges are as quoted on our Platform from time to time.
15.4 Our Platform contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
16. HOW TO PAY
16.1 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.
16.2 We will only debit your chosen payment method for the amounts payable in relation to the Products and all applicable Delivery Charges and any fee when we send you the Dispatch Confirmation under Clause 13.4.
17. OUR WARRANTY FOR THE PRODUCTS
17.1 We provide a warranty that on delivery and for a period of [6] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.
17.2 The warranty in clause 17.1 does not apply to any defect in the Products arising from:
a) fair wear and tear;
b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c) if you fail to operate or use the Products in accordance with its intention;
d) any alteration or repair by you or by a third party.
Part B
18. BASIC TERMS
18.1 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
18.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.
18.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.
18.4 For information about our privacy practices, please see our Privacy Policy. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used in accordance with our Privacy Policy and these Terms.
18.5 You will need to register for an ARTsd account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
18.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.
18.7 The permission we give you to register for an ARTsd account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your ARTsd account, or any access to or use of our Services, to any third party.
18.8 We may reclaim or repurpose any username or URL on our Services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.
18.9 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
18.10 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an ARTsd account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.
18.11 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.
19. OWNERSHIP
19.1 All Content is owned by ARTsd or by others who have licensed their Content to us, and is protected by Czech Republic and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under Czech Republic and international copyright laws.
19.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of ARTsd or third parties in the Czech Republic and/or other countries.
19.3 As between you and ARTsd, ARTsd owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all ARTsd Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
19.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.
19.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of ARTsd or any third party, whether by implication or otherwise.
19.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
19.7 We welcome feedback, comments and suggestions about our Services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.
19.8 We reserve all rights not expressly granted to you in these Terms.
20. GENERAL CONTENT TERMS
20.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
20.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your ARTsd User experience, in accordance with the normal functionality and restrictions of our Services.
20.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.
20.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.
20.5 If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually.
20.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
20.7 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
21. OPEN ACCESS IMAGES
21.1 Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our Services ("Open Access Images"). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licenses).
21.2 In order to notify you which images are Open Access Images, we will provide a button marked “Download Image” (or an equivalently marked image downloading tool) with each Open Access Image on our Services (“Image Downloading Tool”). Where available, the Image Downloading Tool will be provided on the listing page for the artwork or other object depicted in an Open Access Image. Please note that if we do not provide an Image Downloading Tool with an image on our Services, that image is not considered an Open Access Image under these Terms.
21.3 You may download Open Access Images from our Services using the Image Downloading Tool that we provide, and you may use Open Access Images without restriction, subject to any applicable laws, and any applicable third-party rights and conditions. However, please note that this permission applies only to any rights that ARTsd itself may have with respect to the use of Open Access Images.
21.4 We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights).
21.5 When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.
21.6 To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.
21.7 You acknowledge and agree that:
a. Your use of Open Access Images is at your own risk;
and
b. We will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.
22. GENERAL RESTRICTIONS
22.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that:
a. Infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right:
b. Violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software;
c. Is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene;
or
d. Impersonates or misrepresents your relationship with any person or entity;
create a false or misleading ARTsd account or User profile with inaccurate or untrue information;
use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
access our Services by any means other than the interface and instructions that we provide;
access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
breach, disable or circumvent any security or authentication measures on or in connection with our Services;
interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;
decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
use any meta-tags or other hidden text or metadata containing any ARTsd trademark, service mark, product name, or URL without our express prior written permission;
use any ARTsd trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any ARTsd trademark, service mark, product name, or logo, or to the look and feel of any of our Services;
or
remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
22.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
23. OTHER WEBSITES AND SERVICES
23.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.
23.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
23.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
23.4 You acknowledge and agree that the ARTsd Parties (defined below) are not responsible and will not be liable for:
a. The accuracy or availability of any such websites or services;
or
b. any information, materials, goods or services on or available from any such websites or services.
23.5 Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.
24. DISCLAIMER OF WARRANTIES
24.1 You acknowledge and agree that your access to and use of our services is at your own risk, and that our services are provided to you on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, with respect to our services or any content, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade, all of which ARTsd and our officers, owners, directors, consultants, agents, and employees (collectively, the “artsd parties”) expressly disclaim to the fullest extent permitted by applicable law. The ARTsd parties make no representations or warranties of any kind, express or implied, that our services or any content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete, free of errors, safe, secure, or free of viruses or other harmful components, or that the use of our services in any way will give rise to any specific results. applicable law may not permit the exclusion of implied warranties, so some of the exclusions in this section may not apply to you.
24.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Artsd Parties will not be responsible for those costs or losses, and we urge you to backup your data at all times.
24.3 No advice or information (whether oral or written) obtained from the Artsd Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.
25. GENERAL RELEASE
25.1 We may provide rules for using our Services, but the ARTsd Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.
25.2 To the fullest extent permitted by applicable law, you release the ARTsd parties from all claims, demands, suits, damages (actual and consequential), losses, liabilities, and expenses (including attorneys' fees), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with:
a. Any disputes between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services;
b. Any user content or conduct, performance or non-performance (whether online or offline) of any other user or other third party in any way connected with our services, including any defamatory, misleading, offensive or unlawful conduct or user content, or any unauthorized access to or use of our services, your account or your user content and/or information;
c. Any artwork or other property exhibited, listed, marketed, offered for sale, or sold (whether online or offline) by any other user or other third party on, through, or in any way connected with our services;
or
d. Any communications, interactions or meetings (whether in person, online or otherwise) between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services. you expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of entering into this release.
26. LIMITATION OF LIABILITY
26.1 Under no circumstances will any of the artsd parties be liable to you or any third party for any indirect, incidental, exemplary, punitive, special, or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with:
a. These terms;
b. Our services;
c. The use of or inability to use our services;
d. Any conduct, performance or non-performance (whether online or offline) of any other user or other third party on or in connection with our services;
or
e. Any content, goods or services made available on, through, or in any way connected with our services (whether online or offline) by us or any other user or other third party. under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services exceed the greater of one hundred u.s. dollars (u.s. $100.00) or the total amount you paid us (if any) to use our services in the six (6) months before the event giving rise to such liability.
26.2 The exclusions and limitations of liability provided above in subsection 13.1 apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the artsd parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed of its essential purpose. applicable law may not permit the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided above in subsection 13.1 may not apply to you, in which case the liability of the ARTsd parties will be limited to the fullest extent permitted by applicable law.
27. CHANGES TO OUR SERVCES
27.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
27.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.
28. CHANGES TO THESE TERMS
28.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.
28.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.
28.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
28.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
28.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.
28.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
28.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.
29. TERMINATION
29.1 You may stop using our Services at any time, subject to any other agreements between you and us.
29.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms.
30. PROMOTIONS
30.1 We may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.
30.2 Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions (“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.