Terms of Service

The Easy to Read Version

ArtofWhere is a wholesaler and drop shipper of custom printed products. We print products to order with artwork provided by the customer. Due to the fact that we print on various mediums, discrepancies may occur from the original artwork to the final printed product. Each of our products are made by hand one by one and slight variations may occur within an order, or from one order to another.

Drop Shipping

In order to have access to our drop shipping prices, you must sign up for an account with us.

Printing Variations

Since we are printing onto mediums other than paper, variations may occur during printing. Variations that may occur within an order or from one order to another include but are not limited to:

  1. Image placement on the product.

    Placement of your image on the product may vary piece to piece.
    -On device cases, variations within a few millimetres are acceptable in any direction.

    -On fabric products, placement of the artwork on the final printed product will vary from the design lab mockup mainly due to the necessary shifts of the artwork to generate our size ranges within the product.  Sewing variations may also account for varying image placement on the products.  Please do not place major design features like a signature too close to the edge of the product where it is in danger of being cut off.  

    For all concerns relating to image placement, please contact us at info@artofwhere.com.

  2. Colours of the printed artwork.

    The colour outcome of your printed product may differ slightly from your original artwork. Reasons for this include differences in monitor colours, the printing range or gamut of our printers, the colour settings that your artwork was created in, and limitations of fabric and sublimation printing. Consistency and providing a perceptually similar translation of your artwork is important to us, but variations in colour still may occur that are beyond our control.

  3. Shadowing during sublimation printing (pillows, leggings, fabric products).

    Shadowing can happen during the sublimation printing process for our products including leggings, pillows, pencil cases, and skirts. It occurs usually on dark colour areas if the print shifts slightly during pressing. It will look like a small shadow on some details of the artwork. We do everything in our power to minimize shadowing; however it is acceptable as a printing variation.

  4.  The nature of 3D printing on Polymer Device Cases. 

    Since at ArtofWhere we print on surfaces other than paper, there are many different variations that can occur to artwork when being applied to a 3D surface.  When printing device cases, some of these variations include slight stretching or skewing of the artwork, placment of the artwork on the final product that differs from the mockup, as well as differences in colour.  We print using sublimation inks that interact with polymer plastic differently than printing on paper.  We always encourage ordering a sample case before placing larger orders so you are sure of the print outcome.  

  5.  Artwork quality 

    ArtofWhere supports a ``no touch`` printing system.  This means that all incoming artwork files are directly sent to our printing equipment.  We do not check for print quality including pixelation before printing.   Please base your artwork on the guidelines found here: http://artofwhere.com/page/preparing-artwork-126.

Sewing Defects, Device Cases, or Device Damage

Device Cases

From time to time a new case may have structural damage. Please follow the steps below to report the issue to us and we will happily resolve it. Cases that are damaged from use over time are not eligible for a replacement or refund.

Device Damage

Our device cases are meant to help protect the back and sides of your device. Our cases are intended to decorate your device and help protect from minor accidents. Our cases will not completely prevent damage to your device or phone. Damage to your device occurring when using one of our cases is not the responsibility of ArtofWhere.

Sewing Defects

Occasionally a product may have a sewing defect like a hole or lose stitches. Please report any defects as outlined below.

Reporting a Concern

If you receive an order in which you feel the variances described above are beyond acceptable, we require that you follow this process:

  1. Email us info@artofwhere.com with detailed photos of the issue and include the order number.
  2. We will respond within 48 hrs and may request additional information.
  3. All issues will be evaluated on a cases by case basis based on the information provided.

Refunds

Custom printed products are non-refundable. Mechanical issues or defaults resulting from sewing or structure are usually dealt with by providing a replacement case.  Please contact us with your concerns at info@artofwhere.com

Drop Ship Orders and Customer Service

When ArtofWhere fulfills a drop ship order, we are providing our customer (the person paying for the product) with a product shipped directly to our customer’s end user (the person the product is shipped to). We ask that you handle customer service with your end user as much as possible. If your end user has an issue with the product they receive, when you contact us to resolve it, please follow this process:

  1. Request detailed photos from your customer to illustrate the problem.
  2. Please evaluate if the issue falls into our allowable range of variations. See above.
  3. If the issue is beyond the allowable variations, please email us at info@artofwhere.com and include the order number and pictures of the cases provided by your end user.
  4. We will evaluate the issues and may require more information. We will respond within 48 hours of receiving your email.
  5. We may request the case to be returned. If this occurs, the refund or replacement case cannot be sent until we receive back the first case. ArtofWhere is not responsible for the shipping cost of returned cases.

Customs Fees, Duties, and Shipment Delays

ArtofWhere ships worldwide with Canada Post and the USPS. Tracking numbers will be provided for shipments whenever possible. Any costs or customs fees occurring from shipments (both domestic or international) are not the responsibility of ArtofWhere. Personal costs resulting from delayed shipments are also not the responsibility of ArtofWhere. Please contact your local post office if you are unsure of the customs, duties, or expected transit times for your country.
ArtofWhere allows our customers to request alternative shipping methods such as UPS or Fedex at an additional cost. Please contact us if you would like to use an alternative shipping method.

Artwork Rights, Reproduction, and Photographs

All artwork that is uploaded to artofwhere.com remains the property of the person who uploaded it. By uploading artwork onto artofwhere.com, you are acknowledging that you have the right to reproduce the artwork in question. ArtofWhere simply prints the artwork received onto the final product. Artwork will not be reproduced without the owner’s permission.
ArtofWhere may photograph printed products to display on our website. If the photographed products include items printed with your artwork, we will ask your permission before adding these photos to our website. 

In Closing…

Our goal at ArtofWhere is to provide products to our customers that are high quality and well made. There is a certain amount of variability when printing custom items that is reasonable. Our terms and conditions are in place to help define an effective working relationship with our customers. We thank you for trusting ArtofWhere with your printed artwork projects and we look forward to showing you what we can do.

ArtofWhere is a collective online community that meshes creativity and artwork with high quality products produced on demand sweat-shop free.

Summary of our Terms

ArtofWhere is an online workspace, gallery and production house. We give our member artists and audience the ability to create cool stuff with personal artwork and buy directly from artists that they admire and we give artists the tools to express their art as wearable items with no minimum production requirement.

The foundation of our community is respect for artwork and the creative process. Here are the rules we expect our community members to abide by when using our site:

  1. If you don't have the rights to it, please don't upload it! Only upload artwork that you have the right to reproduce.
  2. Uploading images that are offensive is not allowed in our community. Please do not upload images containing explicit sexual content, racist, homophobic, or other ignorant themes, or any images that contain disparaging remarks about other people or companies.
  3. ArtofWhere reserves the right to refuse to print/create products with images that violate our upload policies.
  4. Any issues (legal or otherwise) that arise from the creation of ArtofWhere branded products displaying your uploaded image you are 100% responsible for. Any images your upload to create custom items with us are your full responsibility.  ArtofWhere is not liable for any damages due to copyright infringment or the use of restricted images on our products.  Please examine your artwork carefully and know what you are uploading before using ArtofWhere to create prodcuts.
  5. You reserve all rights to your artwork. ArtofWhere does not gain any rights to your images when you upload them to create a custom item. Your uploaded images will only be used to create the items that you order and to give us an understanding of our client base. If you are interested in becoming one of our licensed member artists, please drop us a line through our contact page with samples of your artwork. We are always excited to check out and work with new artists! Following that, we would never use your artwork bearing your copyright without first obtaining permission from you. We respect artists and the amazing stuff they create.

We hope you enjoy our site and use our Design Lab for wonderful creative things! Please respect our community members and the artwork they have uploaded to share with you.

Please contact us if you need clarification on any of our policies.

ArtofWhere Terms of Use

  1. User's Acknowledgment and Acceptance of Terms

    ArtofWhere (”Us” or “We”) provides the ArtofWhere.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

    BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

    These Terms of Use are effective as of October 29, 2010. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

    As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

    You are responsible for your use of the Site, for any content you post to the Site, and for any consequences thereof. You may use the Site only if you can form a binding contract with ArtofWhere and are not a person barred from receiving services under the laws of Canada, The United States, or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations. The Services that ArtofWhere provides are always evolving and the form and nature of the Services that ArtofWhere provides may change from time to time without prior notice to you. In addition, ArtofWhere may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

  2. Description of Services

    We make various services available on this site including, but not limited to, custom designed headwear and printed textile items that are by users through our interactive Design Lab. Users upload content that they have permission to use only to create custom articles and are entirely responsible for and retain rights to uploaded content, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

    We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

     

    Intellectual Property Rights

    You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof. Any photograph, image, information, know-how, idea, suggestion, material, or other content you post to the Site through use of the Services, including but not limited to: posts in a forum or photo gallery and images uploaded for the creation of custom products ("Products") to be supplied by ArtofWhere to the customer, will be collectively referred to herein as "Content". Content that complies with the Terms may be used by the customer to create Products. Posting of Content not owned by you or which you have no permission to submit will be considered a violation of the Terms, and may be a violation of federal, provincial and/or state intellectual property and/or other applicable laws. You specifically represent that any Content is: (i) your original work, or it is properly licensed, and does not violate the copyright or any other personal or property right of any third party; and that (ii) you have obtained any and all releases and permissions necessary for submitting the Content. You retain your rights to any Content you submit, post or display on or through the Services. You may not use the Services in connection with any web site other than the Site or in any other medium, or with any Content or connection with any activity, that is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, national, racial, gender, religious, professional, sexual orientation, disability or age group; profane or pornographic, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents, or contains disparaging remarks about other people or companies; infringes on the rights of any third party; or violates any law.

    The Services are intended for personal use only. You may not use photos of celebrities or other famous persons. If you create Products or any Content using the Services, you represent and warrant that: (i) you have received all necessary releases and permissions to use, modify and reproduce any photos or materials used to create the Products or that you have personally taken the photos; and (ii) your Creation does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material using the Services, and we may pursue any remedies available under these Terms of Use or at law.

    We may contact you or any third parties to verify the information you provide to us, the rights you have secured with respect to the Products, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. We may also send you information and notices regarding your Products by email, telephone or other means based on the information you provide to us.

  3. Registration Data and Privacy

    In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data” and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

    You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  4. Conduct on Site

    Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”;), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or</p>
    6. impersonates any person or entity, including any of our employees or representatives.

    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials”; below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

    You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  5. Third Party Sites and Information

    This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  6. Intellectual Property Information

    Copyright (c) October 29, 2010 ArtofWhere All Rights Reserved.

    For purposes of these Terms of Use, “content”; is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

    By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ArtofWhere and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ArtofWhereor its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of ArtofWhereor its Affiliates.

  7. Unauthorized Use of Materials

    Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, thru the Design Labs or any other method, will be regarded as propriety to the artist and will only be used in the production of articles posted and authorized by the artist. Any posted or authorized communication or material or artwork may also be used graphically in the banners, ads, print material, or paper products created to promote the website ArtofWhere. When an artist deletes an artwork from their profile, this artwork is no longer available for production or graphic use by ArtofWhere.

    We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
    3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
    4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
    5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
    6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    7. Sign the paper.
    8. Send the written communication to the following address:

      Designated Agent for Claimed Infringement: info@artofwhere.com

      You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Canadian Copyright Office for adjudication as provided in the Copyright Act.

  8. Disclaimer of Warranties

    ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “;AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

    THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

    Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

    Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ArtofWhere spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

    You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

    You understand and agree that the services available on this site are provided “AS IS”; and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  9. Limitation of Liability

    IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

    FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

    SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. Indemnification

    Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  11. Security and Password

    You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  12. Participation in Promotions

    From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

  13. E-mail, Messaging, Blogging, and Chat Services

    We may make email, messaging, blogging, or chat services (collectively, “Communications” available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

    We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

    We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam” and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

    Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

  14. International Use

    Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside of Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  15. Termination of Use

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  16. Governing Law

    This site (excluding any linked sites) is controlled by us from our offices within the 372 St.Catherine St. West Montreal, Quebec, Canada. It can be accessed from Canada, the USA, as well as from other countries around the world. As each of these places has laws that may differ from those of Montreal, Quebec, Canada, by accessing this site both of us agree that the statutes and laws of Montreal, Quebec, Canada, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction Montreal, Quebec, Canada with respect to such matters.

  17. Notices

    All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@artofwhere.com, if by email, or at ArtofWhere 372 St. Catherine St. West Unit 126, Montreal, Quebec, Canada h5B 1A2 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  18. Entire Agreement

    These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  19. Miscellaneous

    In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney’s’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

    You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

    You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

    If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

  20. Contact Information

    Except as explicitly noted on this site, the services available through this site are offered by ArtofWhere located at 372 St. Catherine St. West Unit 126, Montreal, Quebec, Canada h5B 1A2. Our telephone number is 514-842-8333. If you notice that any user is violating these Terms of Use, please contact us at info@artofwhere.com.

Terms and Conditions of Sale

  1. Sale and Purchase of Goods

    ArtofWhere (“Seller”) hereby agrees to sell, and You “Buyer” hereby agree to purchase, goods of the description and quantity described on the checkout window “Checkout”) and incorporated herein by this reference “Goods”) on the terms and conditions set forth in this Agreement.

  2. Purchase Price

    Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

  3. Payment Terms

    The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.

  4. Delivery

    Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

  5. Disclaimer of Warranty/Limitation of Liability

    Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

    SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES” SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

    IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

    SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

  6. Force Majeure

    Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

  7. General

    Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of Canada, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of Canada and hereby waives any objection to such jurisdiction and venue.

  8. Refunds

    All custom printed products are non-refundable including artist store items, and all custom designed items including fabrics.