Terms of Service

Overview of Art of Where and Limitations of our Services

Art of Where is an on demand manufacturer of custom printed products. We print products to order with artwork submitted by individuals around the world. We print on fabrics, paper, polymer cases, wood, and other mediums and we offer drop ship and wholesale services. Each of our products are made by hand and variations may occur within an order, or from one order to another. We are constantly working on minimizing these discrepancies so your products print as accurately as possible every time.

Access to Services

In order to have access to our drop ship services, you must sign up for an account with us and agree to the terms and conditions as outlined. You may order products without having an account in which case consent to the terms and conditions is implied and still apply to all orders. Product designs cannot be saved unless you have an account with us.

Printing Variations

Print variations can and will occur when printing artwork onto various fabrics and surfaces like we do.

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. Some variations may be small and others may be noticeable.
  2. Discrepancies between the online Design Lab tool and the final product can occur. The Design Lab provides an approximation of the final product. For clothing products, you are designing a size LARGE in the Design Lab. When we generate the other sizes, the artwork placement will be different. Refer to the text safe areas indicated in the Design Lab so as not to lose important details of your artwork. For all concerns relating to image placement, please contact us.
  3. The colour outcome of your printed product will differ from your original art for many reasons including the following:
    1. Monitor differences. All monitors vary in colour representation. It is beyond our control to match your monitor settings.
    2. Colour gamut limitations of our printers. Our print processes have different ranges of colour they can reproduce. We need to translate your artwork using our software into the colour range of our printers. Colours in your artwork that are outside of our achievable gamut will be replaced with the closest colour we can print. Neon colours, for example, are not printable by our systems.
    3. We offer a very large range of fabrics to print on. Each fabric has different print results even when subject to the same print process. Some fabrics absorb ink quickly while others are more dense. The base fabrics are all different in their degree of white. Characteristics like these can cause variations in the final product colours.
    4. Quality of the submitted artwork. Low quality artwork files will not print as accurately as high resolution images. Please follow our design guidelines when creating your artwork print files.
    5. Colour space. We ask for images to be submitted in sRGB. Images set up in other colour spaces will translate incorrectly when printed. Our Design Labs attempt to approximate the print colours so if you do upload a CMYK file, the colours will look wrong in the lab.
  4. Art of Where has a hands-off printing system. This means that all incoming artwork files are sent directly to our printing equipment. We do not check for print quality including pixelation before printing. Please refer to our design guidelines when setting up your artwork and make sure it is in the correct colour space and file format. We are not responsible for reprinting items due to poor quality artwork or incorrectly made files.
  5. Small shadowing or ghosting can occur when areas of light colour are right beside areas of dark colour. Shadowing is when the dark colour overhangs or smudges slightly onto the lighter colour. Some shadowing is expected during printing in some situations.

Sewing Imperfections

Occasionally a product may have a sewing defect like a hole, caught fabric, or incorrectly secured stitches. A sewing defect is a flaw in the sewing that makes the product unusable for its intended purpose (like wearing). Report any defects as outlined below.

Flaws in non-textile products

We have a wide range of printed products beyond clothing. If you receive a product that is flawed mechanically (not a print colour issue) please report your concern as outlined below.

Reporting a Concern

  • Contact us with detailed photos of the issue and include the order number.
  • We will try to respond within 48 hrs. We may request additional information.
  • All issues will be evaluated on a case by case basis using the information provided.

Refunds

Custom printed products are non-refundable. Products with mechanical issues or defaults are usually reprinted and replaced. Please contact us with your concerns and we will handle each concern individually.

Drop Ship Orders and Customer Service

When Art of Where fulfills a drop ship order, we are providing our customer (the person paying for the product) with a finished product shipped directly to their end user (the person intended to use the product). We ask that our customers maintain the relationships with their end users as much as possible. This is done by providing timely and accurate information to your customers. If an end user has an issue with the product they receive there is a 4 step process for resolution:

  1. Request photos from your customer that can be forwarded to us to illustrate the problem.
  2. Please evaluate if the issue falls into our allowable range of variations in regards to colour or image placement on the product. If it does, educate your customer as to the limitations of on-demand printing.
  3. If the issue is beyond our print limitations, contact us and include the order number and pictures of the concern provided by your end user.
  4. We will evaluate the issues and may require more information. We will try our best to respond within 48 hours of receiving your email.

Customs Fees, Duties, and Shipment Delays

Art of Where ships worldwide with Canada Post, USPS, and various courier services. Tracking numbers will be provided for shipments whenever possible. Any additional costs or customs fees occurring from shipments (both domestic or international) are not the responsibility of Art of Where. International orders under $100 do not have tracking.

Please contact your local post office if you are unsure of the customs, duties, or expected transit times for your country.

Art of Where allows our customers to request alternative and express shipping methods such as UPS or DHL at an additional cost. Please contact us if you would like to use an upgraded shipping method for your order and we will arrange it if possible.

Shipments delayed by the shipping service are beyond our control and personal costs resulting from delayed shipments are not the responsibility of Art of Where. We commit to shipping your order in a timely manner, doing our best to respect our estimated production times. Occasionally, an order takes longer than predicted due to various reasons including reprints, low inventory, out of stock fabric or technical issues. We will try to contact you if there is a severe delay on your order.

Artwork Rights, Reproduction, and Photographs

All artwork appearing on Art of Where remains the property of the artist who created and uploaded it. By uploading artwork on our website, you are giving Art of Where the right to reproduce the artwork. We print the artwork and manufacture the product to represent the design created in our Design Lab. If an artist deletes products they have designed on Art of Where, we will no longer manufacture the deleted product. We cannot guarantee that images/mockups of a deleted artwork will cease appearing online even after we remove all links associated with it on our end (ex. Google image search).

Artwork files are stored on protected servers and are only accessed through secure encrypted connections. For production, the files are transferred to a local server so that they can be sent to the printers and stored temporarily. Once the item has shipped, the files are deleted.

Art of Where reserves the right to produce and photograph products that appear in the Art of Where artist stores online for promotional purposes without informing the artist. These photos may be used on our website, social media, in videos, or other outlets and 3rd party websites. Art of Where will credit the artists involved if possible. If a product featured in a photo is deleted by the artist after the photos have been posted, it is not mandatory that we remove the photos. Only products that appear in the artist stores (available to the public) may be photographed.

Time to time we take photos of our production studio. These photos will include pieces of unfinished products with artwork printed on them. We reserve the right to post these photos on our website and social media without implication or without seeking consent first.

If you have concerns with any photos posted on Art of Where or our social media please get in touch with our customer service or email kate@artofwhere.com.

Flawed products and Misprints

Sometimes we have products that are incorrectly printed and do not pass our quality control processes. In order to reduce our impact on the environment we donate imperfect finished products to shelters, schools, reserves, and daycares. We never donate products to an institution that would sell them and we specify to the receiver that the products can never be resold.

In Closing…

Our goal at Art of Where is to make high quality printed products using the latest in print technology and construction methods. There is a certain amount of variability when printing custom items that is reasonable and acceptable. Our terms and conditions are in place to help define an effective working relationship with our customers. We thank you for trusting Art of Where with your printed artwork projects and we look forward to showing you what we can do.

Summary of our Terms

Art of Where is an expansive website including online product Design Labs, public artist product stores, a blog, integrations with Ecommerce platforms as well as being a physical manufacturing and production studio. We give our member artists and individuals the ability to create unique products printed with artwork. 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. Art of Where 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 Art of Where products displaying your uploaded image you are 100% responsible for. Any images uploaded to create custom items with are the responsibility of the person who uploaded them. Art of Where is not liable for any damages due to copyright infringement or the use of restricted images on our products. Please examine your artwork carefully and know what you are uploading before using the Art of Where Design Labs to create products or before you post products to the online artist stores.
  5. You reserve all rights to your artwork. You may delete a product at any time. Art of Where does not gain any rights to your images when you upload them other than to reproduce on-demand the artwork for the intended product. We do reserve the right to produce and photograph products found in the public artist stores for posting on Art of Where and related social media sites.
  6. Art of Where reserves the right to remove product designs without notice from anywhere on the website that are in violation of our policies.

We hope you enjoy our site and use our Design Labs to further your creative business, brand, or project! Our products and services are always evolving and we look forward to the journey together.

For all the art lovers out there, 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 at kate@artofwhere.com.

User's Acknowledgment and Acceptance of Terms

OVERVIEW

This website is operated by 8415994 Canada Inc. under the name Art of Where ("Art of Where"). Throughout the site, the terms “we”, “us” and “our” refer to Art of Where. Art of Where offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Art of Where 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.
  2. 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.
  3. These Terms of Use are effective as of May 25th, 2018 and replace previous versions. 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.
  4. 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.
  5. 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 Art of Where 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 Art of Where provides are always evolving and the form and nature of the Services that Art of Where provides may change from time to time without prior notice to you. In addition, Art of Where 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.
  6. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  7. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  9. Description of Services

  10. We make various services available on this site including, but not limited to, custom printed clothing, accessories, wall art and printed home decor products that are created by users through our interactive Design Labs. Users upload content that they have permission to use and create customized products. Users 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).
  11. 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.
  12. We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We do not store credit card information on our servers but rather with a trusted 3rd party provider.
  13. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  14. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  15. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  16. Prices for our products are subject to change without notice.
  17. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
  18. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  19. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
  20. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  21. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  22. Intellectual Property Rights

  23. 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 Art of Where 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.
  24. 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.
  25. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  26. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate
  27. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  28. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  29. 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.
  30. Registration Data and Privacy

  31. 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.
  32. 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. We only transfer to third parties the Registration data required to fulfil our services.
  33. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders for reasons including but not limited to inappropriate artwork, copyright infringement, violent imagery, or artwork of a discriminatory nature.
  34. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  35. Conduct on Site

  36. 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
    6. impersonates any person or entity, including any of our employees or representatives.
  37. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We 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.
  38. 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.
  39. 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.
  40. Third Party Sites and Information

  41. 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.
  42. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  43. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  44. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  45. Certain content, products and services available via our Service include materials from third-parties, mainly artwork use to create product designs and content but also information and links. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  46. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  47. Intellectual Property Information

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

  48. 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.
  49. 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 Art of Where 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
  50. 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.
  51. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Art of Where or 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 Art of Where or its Affiliates.
  52. If you send certain specific written submissions (for example written feedback on a blog post) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  53. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  54. In regards to submitted artwork on products designed in our online Design Lab tool, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  55. Your submission of personal information through the store is governed by our Privacy Policy.
  56. Unauthorized Use of Materials

  57. 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 Art of Where. When an artist deletes designs from their profile, this artwork is no longer available for production or graphic use by Art of Where. However, if we have photographed products appearing in the public stores that are subsequently deleted, we may not remove the photos displaying such products.
  58. 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 Privacy Officer (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:
    9. Designated Agent for Claimed Infringement: privacy@artofwhere.com.
    10. 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.
  59. Errors or Omissions

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, production timelines, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    Disclaimer of Warranties

  60. 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.
  61. 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.
  62. 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.
  63. 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
  64. 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.
  65. 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.
  66. 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.
  67. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  68. Limitation of Liability

  69. 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.
  70. 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.
  71. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  72. Indemnification

  73. 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.
  74. Security and Password

  75. 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.
  76. Participation in Promotions

  77. 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.
  78. E-mail, Messaging, Blogging, and Chat Services

  79. We may make 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.
  80. 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.
  81. 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.
  82. International Use

  83. 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.
  84. Termination of Use

  85. 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.
  86. 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.
  87. Governing Law

  88. This site (excluding any linked sites) is controlled by us from our offices within the 372 St.Catherine St. West Montreal, Quebec, Canada, Studio 102. 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.
  89. Notices

  90. 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 Privacy Officer at privacy@artofwhere.com, if by email, or at Art of Where 372 St. Catherine St. West Unit 102, Montreal, Quebec, Canada H3B 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.
  91. Entire Agreement

  92. 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.
  93. Miscellaneous

  94. 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.
  95. 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.
  96. 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.
  97. 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.
  98. 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.
  99. 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.
  100. Contact Information

  101. Except as explicitly noted on this site, the services available through this site are offered by Art of Where located at 372 St. Catherine St. West Unit 102, Montreal, Quebec, Canada h3B 1A2. Our telephone number is 514-876-9666. If you notice that any user is violating these Terms of Use, please contact us at privacy@artofwhere.com.

Terms and Conditions of Sale

  1. Sale and Purchase of Goods
  2. Art of Where (“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.
  3. Purchase Price

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

  6. The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. All items must be paid upon ordering. We do not offer credit on account
  7. Delivery

  8. 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.
  9. Disclaimer of Warranty/Limitation of Liability

  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. Force Majeure

  15. 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.
  16. General

  17. 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.
  18. Refunds

  19. All custom printed products are non-refundable including artist store items, drop shipped products and custom designed items.
  20. Language

  21. The parties hereto confirm that they have agreed that this Agreement and all documents relating hereto be drafted in English only.

    Les parties aux présente confirment qu'elles ont accepté que la présente convention de même que tous les documents s'y rattachant soient rédigés en anglais seulement.

    Updated May 25th, 2018
    372 St. Catherine Street West Studio #102, Montreal, QC, H3B 1A2, Canada