Terms of Service

TERMS OF SERVICE

Last updated on August 28, 2017

1. INTRODUCTION

Welcome to Our store at www.ArtOfJM.com (referred to as “Website”, “Store”) powered by Shopify, a leading eCommerce Platform. This Store is owned and operated by Justin Moroyan Art, LLC (referred to as “Company”, “We”, “Us”, “Our”), a USA company offering unique paintings, drawings, graphics, photos, books and other creations (referred to as “ArtOfJM”) by Justin Moroyan (referred to as “Artist”) available on various printable media ranging from wall art to other selective objects (“Products”) manufactured and shipped by other companies We work with (referred to as “Vendors” or “Fulfillment Companies”). All of the Artist’s creations and works are the exclusive intellectual property and ownership of the Artist and the copyrighted work of the Artist and as such cannot be copied, reproduced, sold, or used on any media without the explicit written authorization of the Artist. We offer this Website, including printable Products using pre-authorized use of ArtOfJM, all information, tools, artwork, photos, graphics, text, books, other products, other materials, services, or information uploaded, downloaded, or appearing thereon (all together, referred to as the “Platform”) available from this Website to You, the user and or customer (referred to as “Customer”, “User”, “You”, “Your”), conditioned upon Your acceptance of all terms, conditions, policies, and notices stated here. We cooperate with PayPal, which does the purchasing transaction and handles all credit card purchase transactions and information in a secured manner pursuant to PayPal, Inc. Policies and Agreements. By visiting Our Store and/or purchasing something from Us, You engage in Our sevice (referred to as “Service”) and agree to be bound by the following terms and conditions (referred to as “Terms of Service” Terms of Use”, “Terms”), including those additional terms and conditions and policies (e.g. “Privacy Policies”, “Return Policy”) referenced herein and/or available on this Website. These Terms of Service and other referred agreements apply to all users of the Website, 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 Website, 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 Our Services. Any new features or tools which are added to the current Store, Service, and Platform, shall also be subject to the Terms of Service and other referenced agreements and policies (referred to as “Other Policies”). You can review the most current version of the Terms of Service and Other Policies at any time on Our Website. We reserve the right to modify or update, change or replace any part of these Terms of Service and Other Policies by posting updates and/or changes to Our Website. It is Your responsibility to check this agreement and Other Policies periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. We will not be liable to You or any 3rd party for these changes. Our Store is powered by Shopify, Inc. They provide Us with the online e-commerce platform that allows Us to sell Our Products and services to You. Shopify will collect certain information of Yours, including shipping and billing address, name, e-mail address, IP address, date, type of transaction and the amount.

2. ONLINE STORE TERMS

The Service is not intended for, and should not be used by, children under the age of 13. In addition, by agreeing to Our policies and terms and by using this Website, You represent and confirm 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 Website. 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 authority (including, but not limited to, copyright laws). As stated above, ArtOfJM and all of the Artist’s creations and works are all exclusive Intellectual Property and ownership of the Artist per copyright laws and as such cannot be copied, reproduced, sold, or used on any media without the explicit written authorization of the Artist. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and Other Policies will result in an immediate termination of Your Services and may be followed up with legal action.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that Your content (except Your credit card and other payment transactions information, which will be processed by PayPal, Inc. under their Legal Agreements for PayPal, Inc. Services, including PayPal Website Payments Pro and Virtual Terminal Agreement), 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. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, Platform, ArtOfJM, use of the Service, or access to the Service or any content on the Website through which the Service is provided, without express written permission by the Company. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 Website is at Your own risk. This Website 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 Website at any time, but We have no obligation to update any information on Our Website. You agree that it is Your responsibility to monitor changes to Our Website.

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Our Products are subject to change without notice. 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 Service.

6. PRODUCTS OR SERVICES

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 only according to Our Return Policies. 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. 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 any time 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 Website is void where prohibited. 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.

7. RETURN POLICY

Justin Moroyan Art, LLC (referred to as “Company”, “We”, “Our”, “US”) will only review replacement or return requests if a Product (or Products) is not delivered (lost), damaged, with a print error or wrong Product has been delivered, and provided that it is not caused by the Customer (referred to as “Customer”, “User”, “You”, “Your”). If the Product is damaged (e.g. broken), with error in printing (excluding any color related issues described in section “6. PRODUCTS OR SERVICES”), or wrong product, the User must contact Us at info@ArtOfJM.com within 15 days after the order has been delivered, and provide the following: order number, description of the issue and high-quality pictures showing the damage/or error in the printing; in case (You have received the wrong Product or Products, provide Us with a picture (or pictures) of the incorrect order/product delivered. Our team will inspect the case (every case is unique) after receiving all the required information from You pursuant to the time restriction above and after analysis and verification that results in documentary proof that it is no fault of You, We will issue a reprint and reship to the You at no additional cost as soon as possible. In the case an ordered product and/or products is not delivered), if the Customer does not receive the order within 35 days of receiving the shipping notification e-mail, the Customer must contact Us at info@ArtOfJM.com and provide the following: order number, description of the issue and tracking number. We are not responsible for incorrectly provided information by You (e.g. the wrong shipping address) that resulted into lost or misdirected shipments. You must cover the expenses (the re-order and shipping and handling expenses). If the shipping address is correct, but the delivery is returned to sender because of unclaimed package, You will be responsible for the reshipping cost. If the shipping address You have provided is correct, and You have reported the loss of the package and/or packages pursuant to the time restriction above, Our team will inspect the case (every case is unique) after receiving all the required information from You and after analysis and verification that results in documentary proof that it is no fault of You, We will issue a reprint and reship to the You at no additional cost as soon as possible.

8. FRAUDULENT ORDERS

The Customer is responsible for tracking the progress of the orders placed and their delivery tracking. 
We are not responsible for any possible fraudulent activity on the Your end.

9. PROCESSING AND DELIVERY TIMES

We may have provided the average fulfillment and shipping times; however, the actual time may vary. We are not responsible for delays, lost packages or damage caused by a 3rd party, such as postal services. It is the responsibility of the User to contact the postal service in case of any issues concerning shipment. You will be provided a tracking code for this purpose. In special cases, We might issue reprint and reship pursuant to Our Return Policy. Once an order is confirmed, it is impossible to edit the information. Should You need to make any changes, You must contact Our support team at info@ArtOfJM.com immediately. We do not guarantee to be able to implement the requested changes. Title to the Products that the Customer purchases from the Us via Our manufacturing vendors passes to the User as soon as the Products are produced.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order You place with us. We may, in Our sole discretion, limit or cancel quantities purchased by you, per person, per household or per order. These restrictions may include orders placed by/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 that, in Our sole judgment, appear to be placed by dealers, re-sellers, or distributors. You agree to provide current, complete and accurate purchase and/or account information for all purchases made at Our Store. You agree to promptly update Your purchase information and/or account information and/or other information, including Your email address, so that We can complete Your transactions and contact You as needed. For more detail, please review Our Return Policy.

11. OPTIONAL TOOLS

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. Any use by You of optional tools offered through the Website 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). 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.

12. THIRD-PARTY LINKS

Certain content, Products, and services available via Our Service may include materials from third-parties. Third-party links on this Website 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. 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.

13. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us 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. 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. 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.

14. PERSONAL INFORMATION

Your submission of personal information through the Store is governed by Our Terms of Service and Our Privacy Policy.  All credit card information and forms of payment related to a transaction and/or transactions are done between You and PayPal.

15. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on Our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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.

16. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Website or its content: (A) for any unlawful purpose; (B) to solicit others to perform or participate in any unlawful acts; (C) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (D) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (E) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, race, ethnicity, sexual orientation, religion, age, national origin, or disability; (F) to submit false or misleading information; (G) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the internet; (H) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (J) for any obscene or immoral purpose; or (K) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate Your use of the Service or any related Website for violating any of the prohibited uses.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that Your use of Our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time We may remove the service for indefinite periods of time or cancel the Service at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Service and all Products and services delivered to You through the Service are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Justin Moroyan Art, LLC, Our directors, officers, limited partners, managing partners, shareholders, employees, affiliates, agents, contractors, interns, suppliers, vendors, fulfilment companies, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from  Your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to Your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product(s)) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Justin Moroyan Art, LLC and Our parent, subsidiaries, affiliates, partners, managing members, limited members, shareholders, officers, directors, agents, contractors, licensors, service providers, vendors, fulfillment companies, subcontractors, suppliers, interns and employees, harmless from any claim or demand, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

19. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. This Terms of Service agreement is effective unless and until terminated by either You or us. You may terminate this Terms of Service agreement at any time by notifying Us that You no longer wish to use Our Services. If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).

21. FORCE MAJEUR

Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if the delay or failure arises by reason of any governmental body, natural disasters, Act of God, or other reason beyond the reasonable control of such party.

22. ENTIRE AGREEMENT

The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Website or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service and any prior version of Other Policies). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

23. GOVERNING LAW

These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of State of California with venue being County of Santa Clara, California. Any Controversy between You and Us regarding any unresolved disputes must be submitted to binding arbitration if either of Us requests arbitration in writing served on the other party. The exclusive venue shall be in Santa Clara County, California. Any Arbitration will be administered pursuant to the JAMS Streamlined Arbitration Rules and Procedures.

24. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on Our Website. We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our Website. It is Your responsibility to check Our Website periodically for changes.  Your continued use of or access to Our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25. CONTACT INFORMATION

Questions about Our Terms of Service should be sent to Us at info@ArtOfJM.com.

 

©2017 Justin Moroyan Art, LLC. All rights reserved.