Terms and Conditions
Last Updated: 05/20/2018
THE AGREEMENT: The use of this website, ArtsBistro.com, any mobile application (collectively, this "Site") and any and all services on this website, provided by ArtsBistro.com LLC ("Artsbistro.com LLC" or the "Company"), are subject to the following Terms of Service Agreement (hereinafter the "Agreement"), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, subdomains, pages, and screens on the website ArtsBistro.com (“Website” or "ArtsBistro") and any services provided by ArtsBistro.com LLC or on ArtsBistro ("Services").
This Agreement also specifically incorporates by reference the following:
2.The ArtsBistro Guidelines for Artists, Artists Guidelines;
ARTICLE 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
b) You, the User: You, as a passive or active visitor to ArtsBistro, or as a User of any of the ArtsBistro Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User. If you represent any legal entity, such as a company, you warrant that you have all required legal authority to bind that legal entity to this Agreement. In that case, "you" or "User" will refer to the legal entity that you represent.
c) Artists: Creators and sellers of the artworks provided for purchase on ArtsBistro will hereinafter be referred to as "Artists".
d) Collectors: Those who purchase artworks on ArtsBistro will be referred to as "Collectors".e) Parties: You, as a User of ArtsBistro, may be an Artist, Collector, or other passive User. Collectively, the parties to this Agreement, (the Company and you) will be referred to as "Parties".
ARTICLE 2 - ASSENT & ACCEPTANCE:
By using ArtsBistro, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the ArtsBistro website and cease any use of the ArtsBistro Services. The Company only agrees to provide use of ArtsBistro and the Services to you if you assent to this Agreement. BY USING ARTSBISTRO, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 35C BELOW.
ARTICLE 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use ArtsBistro or any Services contained herein. By using ArtsBistro, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with ArtsBistro. We disclaim any liability for any misrepresentation of your or any other User's age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using ArtsBistro under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department's list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.
ARTICLE 4 - DESCRIPTION OF SERVICES:
ArtsBistro is an online art gallery website, designed to provide for the sale and purchase of original works of art, limited edition fine art digital prints, and accessories of and related to fine art prints (collectively, the "Artworks"). ArtsBistro allows for the sale of Artworks by Artists to Collectors. ArtsBistro has no control over and does not guarantee the existence, quality, safety, or suitability of any Artworks. The responsibility for the creation and provision of Artworks lies with the Artist alone, as applicable to the specific Artwork.
ARTICLE 5 - REGISTRATION:
To use ArtsBistro or any of the Services, as an Artist or a Collector, you will be asked to register with us. When you do so, you will provide us with identifying information such as your name and email address. When registering, you will choose a unique username and password that will allow for your use of ArtsBistro and the Services.
You are responsible for ensuring the continued accuracy of the registration information provided to us. This information will enable you to use ArtsBistro and the Services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to firstname.lastname@example.org.
You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using ArtsBistro or the Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement. Additionally, you agree to accept responsibility for all activities that occur under your account and password. Users may not have more than one active account on ArtsBistro, and all Users are prohibited from selling, trading, or otherwise transferring their ArtsBistro account to another party.
ARTICLE 6 - TERMS SPECIFIC TO ARTISTS:
As an Artist, you will be permitted to place images of your Artworks for sale on ArtsBistro. The Artworks you list must be your original intellectual property, including any digital prints or accessories that you may make available for sale. Artworks may be divided into three categories:
1. Original Artworks: Original Artworks are the original pieces created by you.
2. Digital Prints: Digital Prints may be any digital version of an Original Artwork created by you.
3. Accessories: Accessories are any other type of product that you would like to place for sale on the Website that you have created originally or have all legal rights to place for sale.
Specific information may be required from you before any Artworks can be placed for sale. To submit an artwork for consideration, the following guidelines must be met:
1. Original Artworks may be signed by the Artist. Digital images may not contain any watermarks or other digital signatures.
2. We recommend Artists to number and sign their limited edition prints.
3. Photos and videos of the Artworks may be uploaded to ArtsBistro as described in the ArtsBistro Guidelines for Artists located at the following link: Artists Guidelines.
4. All Paintings must be stretched on a stretcher or mounted in a frame.
5. You must supply accurate information about Artwork, which may include dimensions (height, width, depth), materials used, weight, year produced, and any other details we require.
6. ArtsBistro may require a Certificate of Authenticity or
ArtsBistro may also require the provision of a government-issued identification card or document for the verification of your identity.
ArtsBistro may, in its sole and exclusive discretion, adjust any of the listings for Artworks.
The placement and ranking of Artworks in search results on the ArtsBistro Website may vary and depend on a variety of factors, such as Collector search parameters and preferences, amount of time spent on the ArtsBistro platform, price, and others. You acknowledge and agree that ArtsBistro does not guarantee any specific placement or search-ability of any Artworks. ArtsBistro may place your Artworks for sale on the Website with a promotion or discount. You acknowledge and agree that ArtsBistro has this right in their sole and exclusive discretion. If you are unhappy with any promotions or discounts offered on your listed Artworks, your sole remedy is to remove your Artwork from the ArtsBistro platform and/or terminate your account. You represent and warrant that any and all Artworks you list on the ArtsBistro website are your original creations and that you are solely and exclusively liable and responsible for those Artworks. You further represent and warrant that you own all rights, title, and interest in and to the Artworks you list for sale, and that you are authorized to grant ArtsBistro.com LLC all required rights to sell the Artworks on the ArtsBistro platform. You represent and warrant that your listing of Artworks on the ArtsBistro platform, as well as your granting of resale rights to ArtsBistro, will not infringe upon or otherwise violate the intellectual property rights of any third party, including, but not limited to, patent rights, copyrights, trademark rights, trade secret rights, moral rights, rights of privacy, rights of publicity or any other right belonging to any individual or legal entity. You further represent and warrant that your listing of Artworks on the ArtsBistro platform, as well as your granting of resale rights to ArtsBistro, will not violate any local, state or federal law, or other governmental rule or regulation. If any of the Artworks you place for sale on the Website are found to be infringing on the intellectual property rights of another User or any third-party, we reserve the right to remove the Artwork, immediately terminate your account, or both.
SALE TERMS: When submitting Artworks to be sold on the ArtsBistro platform, you are granting ArtsBistro the rights of an independent and non-exclusive reseller. This right grants ArtsBistro the ability to resell the Artworks on the
ARTICLE 7 - PAYMENT & BILLING TERMS FOR COLLECTORS:
When you desire to purchase an Artwork, ArtsBistro will collect all required information from you for the purchase, including billing information, shipping information, and any other payment processing information required. ArtsBistro uses Volusion for web development and payment processing. Volusion.com uses Paypal to process user payments. ArtsBistro also accepts Amazon Pay. Thus, the legal agreements provided on Volusion.com, Paypal.com, and Pay.Amazon.com apply to the terms of this Agreement. ArtsBistro will also accept credit cards and debit cards. Although you will be choosing Artworks listed by specific Artists, your purchase agreement will be with ArtsBistro. ArtsBistro is an authorized reseller of all Artworks listed on our website. The price you pay for the Artwork will be as displayed to you on the ArtsBistro website and during the checkout process. The prices listed on the website prior to purchase do not include shipping and handling, taxes, or any other applicable fees. Those additional costs will be displayed to you immediately prior to purchase. The Artist responsible for listing the Artwork you have chosen for sale will also be responsible for shipping the Artwork to you. You are permitted to request a refund within 30 (thirty) calendar days of your receipt of the Artwork, however, in order to receive a full refund, the Artwork must be returned to the Artist in the condition it was shipped, as well as in its original packaging. You hereby acknowledge and agree that any orders for Artwork you place may be cancelled if ArtsBistro finds that the Artwork is no longer available, was not priced correctly, or is otherwise unfit for purchase. If ArtsBistro cancels an order you have placed, you will be notified via email and will not be charged any fees. You hereby acknowledge and agree, that you must keep your payment and billing information up-to-date and accurate. If any of your payment or billing information is not up-to-date or accurate, and you attempt to purchase an Artwork, along with the other remedies described herein, we may temporarily suspend or permanently terminate your account. ArtsBistro may, from time-to-time, offer you promotional payment information or discounts, in our sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no obligation to continue offering or providing such promotions or discounts, and that we may cease such promotions or discounts at any time.
As described elsewhere in this Agreement, Collectors may request refunds within 30 (thirty) calendar days after their receipt of an Artwork. If requested, Collectors will then be able to print a shipping label, courtesy of ArtsBistro, to send the Artwork back. As soon as the product is received, but in no event later than one week after receipt, the monetary refund will be issued.
ARTICLE 9 - USER RESTRICTIONS:
For all Users, transactions with other Users who first began contact through the ArtBistro website are not permitted off the ArtsBistro website. In other words, for any Artist that is contacted by a Collector to sell an Artwork, the sale of the Artwork is not permitted off of the ArtsBistro platform. Similarly, for any Collector who wishes to purchase an Artwork that was first viewed on the ArtsBistro website, the purchase may not be done off of the ArtsBistro platform.
ARTICLE 10 - COLOR DISPLAY:
Please be advised that although ArtsBistro makes all reasonable efforts to display all Artworks and their colors as accurately as possible, the displayed colors of the Artworks will depend upon your specific device and monitor, and we cannot guarantee that your monitor will accurately portray the actual colors of the Artworks. We disclaim any and all liability for any perceived or actual misrepresentations of color.
ARTICLE 11 - INTERACTIONS WITH OTHER USERS:
As ArtsBistro is a platform to connect Artists and Collectors, you will be permitted to communicate with other Users through the interactive features of the ArtsBistro website. Artists will also be permitted to post additional User Contributions on the site as defined further in Article 12 of this Agreement. ArtsBistro.com LLC hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications, or other relationships of any Users on or off ArtsBistro.
All users must comply with the Acceptable Use provision of this Agreement.
ArtsBistro.com LLC encourages all Users to look out for their own safety on and off ArtsBistro. As such, please be reminded of basic safety tips, such as to never disclose financial information, identifying information, or other official personal documentation with anyone. Regardless, ArtsBistro.com LLC makes no warranties, representations, guarantees, or other promises or covenants with regard to any User or their conduct.
You hereby acknowledge and agree that ArtsBistro.com LLC is not responsible or liable in any way for your actions with others and that your actions and interactions are your sole and exclusive responsibility.
ARTICLE 12 - USER-GENERATED CONTENT FOR ARTISTS:
ArtsBistro contains screens, pages, listings and other interactive features (collectively, "Interactive Services") that allows Artists to post, submit, publish, display, or transmit to other Users or other persons, photos, videos, text, content, or materials (collectively, "User Contributions") on or through the ArtsBistro website.
User Contributions may specifically include images of Artworks as well as feedback and reviews on the ArtsBistro website. All User Contributions must comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to ArtsBistro, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a royalty-free, non-exclusive, sub-licenseable, transferable, perpetual, worldwide license to use, reproduce, modify, perform, display, broadcast, stream, transmit, distribute, make derivative works of, and otherwise disclose to third parties, and also exploit any such content you post, publish, upload or otherwise make available to ArtsBistro.com LLC through the ArtsBistro website. Such content includes any photos, videos, or artwork of you, photos, videos, or artwork you provide, or other identifying content that you may make available on the ArtsBistro platform. The Company claims no further proprietary rights in your User Contributions.
You further represent and warrant that:
1. You own or control all rights in and to the User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. All of your User Contributions do and will comply with this Agreement.
3. None of your User Contributions, nor the posting, uploading, submission, transmittal, or publication of your User Contributions infringe upon, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
ARTICLE 13 - DMCA POLICY:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from ArtsBistro infringe your copyright, you may request removal of those materials (or access to them) from ArtsBistro by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Â§ 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
* Your physical or electronic signature.
Our designated copyright agent to receive DMCA Notices is:
13302 Winding Oak Court Suite A Tampa, FL 33612
Phone: (800) 308 7817
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on ArtsBistro is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures: If you believe that material you posted on ArtsBistro was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
Please be aware that if you knowingly materially misrepresent that material or activity on ArtsBistro which was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.
ARTICLE 14 - NO 501(c)(3) STATUS:
You acknowledge and agree that ArtsBistro is not a charitable organization, as that term is defined under the Internal Revenue Code. Purchasing Artworks on ArtsBistro alone does not entitle you to receive any tax-deduction based on your use of ArtsBistro.
ARTICLE 15 - LICENSE TO USE WEBSITE:
The Company may provide you with certain materials as a result of your use of ArtsBistro or the Services. Such materials may include, but are not limited to, the ArtsBistro website as a whole, documentation, data, or information developed by the Company, and other materials which may assist in your use of ArtsBistro or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license, to use the Company Materials solely in connection with your use of ArtsBistro and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of ArtsBistro, or the Services, or at the termination of this Agreement.
ARTICLE 16 - INTELLECTUAL PROPERTY:
You agree that ArtsBistro and all Services provided by the Company, are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, ArtsBistro.com LLC, ArtsBistro, and any other trademarks or service marks found on the ArtsBistro website with the exception of the intellectual property in the Listed Artworks ("Company IP"). The Company IP also includes a copyright in the entirety of the underlying ArtsBistro website, with exception of the Listed Artworks. You agree that the Company owns all right, title, and interest in, and to, the Company IP, and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
ARTICLE 17 - ACCEPTABLE USE:
You agree not to use ArtsBistro or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use ArtsBistro or the Services in any way that could damage ArtsBistro, the Services, or general business of the Company. ArtsBistro is under no obligation to monitor any User Contributions on the
You further agree not to use ArtsBistro or the Services:
1. To harass, abuse, bully or threaten others, or otherwise violate any person's legal rights;
2. To upload or publish material which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law;
3. To violate any intellectual property rights of the Company or any third party;
4. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
5. To perpetuate any fraud;
6. To engage in, or create any unlawful gambling, sweepstakes, or pyramid scheme;
7. To publish or distribute any obscene or defamatory material;
8. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
9. To post any material which contains graphic violence;
10. To spam or otherwise solicit any Users in any way;
11. To advertise or create marketing communications;
12. To post any intellectual property, including photos, of any other person without their permission;
13. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
14. To imply any endorsement by the Company;
15. To provide for or make the Services available to any third party;
16. To upload or post anything, including any of the Services, on any file-sharing or similar application or website;
17. To unlawfully gather information about others;
18. To create fake accounts or additional accounts, in the circumstance that your account has been terminated; or
19. To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
You acknowledge and agree that we may terminate your account at any time if you violate any of the terms of this Agreement, at our sole and exclusive discretion. ArtsBistro may also take further action, such as notifying the appropriate authorities, removing any content that you may have posted, or other such action as we deem appropriate. ArtsBistro may also stop any transaction which the Company believes may be harmful to the public, or the Company, or otherwise poses
ARTICLE 18 - EXPORT CONTROLS:
You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.
ARTICLE 19 - SERVICE CHANGES:
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify, or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified, or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the ArtsBistro website and Services immediately.
ARTICLE 20 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
1. Scan or probe the underlying structure of ArtsBistro;
2. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on ArtsBistro;
3. Violate the security of ArtsBistro through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User, or network;
4. Use bots, web crawlers, or any similar devices or online tools to access or index data from ArtsBistro;
5. Attempt to disrupt the experience of other Users on ArtsBistro in any way;
6. Disseminate any virus or other bad code which could harm ArtsBistro or the Services, or any device of any User, specifically including files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
7. Undertake any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large load on the ArtsBistro infrastructure.
Any violations of this clause will be grounds for immediate termination of this Agreement.
ARTICLE 21 - DATA LOSS:
The Company does not accept responsibility for the security of your account, content, or Artworks. While ArtsBistro attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of ArtsBistro or Services is at your own risk.
ARTICLE 22 - INDEMNIFICATION:
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of ArtsBistro or the Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other ArtsBistro User in relation to you. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes. California residents who may access ArtsBistro, hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.
ARTICLE 23 - SPAM POLICY:
You are strictly prohibited from using ArtsBistro or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
ARTICLE 24 - THIRD-PARTY LINKS & CONTENT:
The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). Such Third-Party Materials may specifically include recommendations to products regarding the storage and transportation of artwork. Recommendations made on the ArtsBistro platform are for information and entertainment only. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you, or to any other person or entity for any Third-Party Materials, including product recommendations made through ArtsBistro. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk, and subject to such third parties' terms and conditions.
ARTICLE 25 - MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to you, modify this Agreement. If we do so, we will change the â€œLast Modifiedâ€ date at the top of this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on ArtsBistro, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to, or incorporated into the latest modification or variation of this Agreement.
To the extent any part or
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement, to note modifications or variations. You further agree to do so only after ArtsBistro has been fully closed and reopened, and your cache has been cleared to avoid accessing a prior version of this Agreement. You agree that your continued use of ArtsBistro after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
ARTICLE 26 - GEOGRAPHIC RESTRICTIONS:
ArtsBistro.com LLC is based in the state of Florida, in the United States. We provide ArtsBistro for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
ARTICLE 27 - SERVICE INTERRUPTIONS:
The Company may need to interrupt your access to ArtsBistro to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to ArtsBistro may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
ARTICLE 28 - TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other user, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on ArtsBistro.
You may also terminate your account at any time. If you choose to terminate your account as an Artist, all Artwork that you have listed on the platform will be removed and will no longer be available for sale.
Additionally, at the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
ARTICLE 29 - NO WARRANTIES:
YOU AGREE THAT YOUR USE OF ARTSBISTRO AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT ARTSBISTRO OR THE SERVICES WILL MEET YOUR NEEDS OR THAT ARTSBISTRO OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON ARTSBISTRO OR OBTAINED THROUGH THE SERVICES, AND DOES NOT ENDORSE THE STATEMENTS OF ANY THIRD PARTY. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, YOUR DEVICE, YOUR COMPUTER SYSTEM, OR GENERALLY AS A RESULT OF A LOSS OF YOUR DATA FROM YOUR USE OF ARTSBISTRO OR THE SERVICES, IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
ARTICLE 30 - LIMITATION ON LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, INCLUDING ANY OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARENTS, SUBSIDIARIES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OR MISUSE OF ARTSBISTRO OR THE SERVICES, OR YOUR INABILITY TO USE OR ACCESS ARTSBISTRO OR THE SERVICES. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, PERSONAL PHYSICAL DAMAGE, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND, WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF ARTSBISTRO, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THIS LIMITATION APPLIES WHETHER OR NOT WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARENTS, SUBSIDIARIES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, OR LICENSORS KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS OR DAMAGES, AND WHETHER OR NOT WE OR THE APPLICABLE PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED FOR COLLECTORS AS FOLLOWS: (A) FOR ANY PRODUCT, TO THE PURCHASE PRICE OF THAT PRODUCT OR (B) FOR THE USE OF ARTSBISTRO OR THE SERVICES, TO THE LESSER OF U.S. $100 OR THE AMOUNT YOU PAID TO THE COMPANY IN THE PRECEDING THREE MONTHS.
THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED FOR ARTISTS AND IS $100.
SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUBSECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION. TO THE EXTENT THAT WE ARE NOT PERMITTED TO COMPLETELY DISCLAIM WARRANTIES IN YOUR JURISDICTION, THE SCOPE
ARTICLE 31 - CLAIM LIMITATION:
ARTICLE 32 - TAXES:
The prices listed for Artworks on the ArtsBistro website do not include sales tax, use tax, value added tax, goods
Collectors hereby acknowledge that applicable taxes will be added to the listed price of an Artwork, and such taxes will be shown only immediately prior to purchase.
All Users are solely and exclusively responsible for any additional taxes that may be applicable to your use of the Services or otherwise. You acknowledge and agree that it is your responsibility to determine your tax liabilities, and ArtsBistro is not responsible for any tax issue related to your use of the ArtsBistro website or Services. All Users agree to cooperate with all other Users of the ArtsBistro website in relation to any additional paperwork or information required for tax purposes.
ARTICLE 33 - CUSTOMER SERVICE:
Should you need to contact ArtsBistro in any way for customer service, technical issues, or any other communication required, you may reach us as follows:
13302 Winding Oak Court Suite A Tampa, FL 33612
Phone: (800) 308 7817
ARTICLE 34 - AFFILIATE MARKETING NOTICE:
ArtsBistro.com LLC may receive compensation in the form of affiliate marketing commissions from marketers which we allow to post or advertise on ArtsBistro.
ARTICLE 35 - GENERAL PROVISIONS:
a. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b. JURISDICTION, VENUE & CHOICE OF LAW: Through your use of ArtsBistro or Services, you agree that the laws of the state of Florida shall govern any matter or dispute relating to, or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its Conflict of Law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Orange County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c. ARBITRATION: In case of a dispute between the Parties relating to, or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Orange County, Florida. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of the state of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this
d. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e. SEVERABILITY: If any part or
f. NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or
g. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including specifically e-mail and telephone. Additionally, all items posted on the ArtsBistro Website are to be considered in full force and effect immediately upon posting, and you agree that any such postings satisfy any applicable legal requirements for agreements in writing. By registering with us, or by using ArtsBistro in any manner, you have created a commercial relationship with Us. As such, you agree that any email or text sent from Us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined. For any questions or concerns, please email us at email@example.com.
k. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of ArtsBistro. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of ArtsBistro.