Terms & Conditions
WEBSITE TERMS AND CONDITIONS
Effective Date: June 17, 2014
1.1 This website is owned and operated by ColArt Interactive, Inc., a New Jersey entity. Our principal place of business is at 11 Constitution Avenue in Piscataway, NJ 08855
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our website you agree to be bound by these terms and conditions which govern your use of our website. The sale of goods via our website is governed by separate sale terms and conditions
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 “Consumer” means a natural person acting outside his or her trade, business or profession.
2.1.2 “Comment” means any review, comment or rating.
2.1.3 “Content” means all information including text, artwork, images, photos, videos, messages, Comments etc.) which are published, stored or sent on or in connection with our website.
2.1.4 “User” means a person who uses our website (whether or not registered with us).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
4. Use of our website
4.1 You are not eligible for, and must not use or register on, our website if you are below 14 years of age.
4.2 We grant Users a limited personal right to use our website subject to these terms and conditions.
4.3 You agree that you will not in connection with the website:
4.3.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.3.2 engage in any inappropriate behavior including threatening, harassing or invasion of privacy;
4.3.3 publish or send any Content which involves revealing any personal data of another person (i.e., information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
4.3.4 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
4.3.5 use the website for junk mail, spam and pyramid or similar or fraudulent schemes;
4.3.6 do anything which may have the effect of disrupting the website including worms, viruses, software bombs or mass mailings;
4.3.7 gain unauthorized access to any part of the website or equipment used to provide the website;
4.3.8 copy any of the Content (including but not limited to user generated content such as artwork, uploads, comments, Comments etc.) for any purpose except as allowed under these terms and conditions or with our prior written authorization; or
4.3.9 attempt, encourage or assist any of the above.
4.4 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our website). You must promptly comply with any reasonable request or instruction by us in connection with the website.
5. Your Content
5.1 You are responsible for your Content.
5.2 You must ensure that your Content is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights (such as infringement of copyright). Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
5.3 Inclusion of your artwork on our website is in our absolute discretion. We reserve the right to remove your artwork without giving reasons even if we have previously approved it.
5.4 If you post a Comment, you promise that it is your independent, honest and genuine opinion.
5.5 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the website and these terms and conditions.
5.6 Without prejudice to our above rights regarding removal of artwork, we reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behavior if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.8 It is your responsibility to make your own backup of any Content stored within the website to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.9 We reserve the right to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for at least one month.
6. Content of other Users
6.1 We do not recommend Content of other Users. If we showcase any artists, this is purely our opinion. You rely on all such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.
6.2 You accept that we have no obligation to vet or monitor other Users. It is your responsibility to carry out careful and detailed investigations before dealing with another User. You should be aware that a person may not be who he or she claims to be.
6.3 You acknowledge that in using the website you may be exposed to offensive or other inappropriate Content or behavior. If so, you must notify us immediately by using any report button or via the contact us page.. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received. All complaints must clearly explain the reason for complaint.
6.4 You acknowledge that we permit Users to post Comments in relation to your artwork, events or otherwise and that these will be publicly available for viewing and will remain so following cancellation of this agreement. We are not responsible for monitoring or editing such Comments. You acknowledge that Comments may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Comments caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements provided we offer you a reasonable right of reply.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our website is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
8.1 Your account on our website is for your personal use only and is non-transferable. You must not authorize or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 We may at any time without cause immediately cancel this agreement including your right to use of our website at our sole discretion.
9.2 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our website if we have given you notice of cancellation.
10. Functioning of our website
10.1 We cannot guarantee that the website will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
10.3 There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud department. We always make every effort to deliver to you the exact item that you purchased. If for any reason we are unable to deliver to you the item you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.
11.1 Nothing in this agreement in any way limits or excludes our liability for gross negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.3.2 such loss or damage was not reasonably foreseeable by both parties;
11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
11.3.4 such loss or damage relates to a business.
11.4 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
11.5 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
11.5.1 Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to $100.
11.5.2 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data (even if we have been advised of the possibility of such losses).
11.5.3 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
11.5.4 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11.6 EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
12. Intellectual property rights
12.1 All trade marks, logos, Content, and software used on the website are our intellectual property or that of other Users or our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our website or deep-link to or frame Content on our website without our specific prior written consent.
12.3 You must not circumvent or otherwise interfere with any security related features of the website or features that limit or prevent copying of Content or which restrict use of Content.
12.4 You retain ownership of copyright in your artwork and other Content. If you publish any Content on our website, you grant us a worldwide, non-exclusive, transferable (with right to sub-license), royalty-free license to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own website, including all language versions, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our website. The license ends when you close your account unless and to the extent that your Content has already been shared with others who have not deleted it or it persists in backup copies.
12.5 You also grant each User a license to use your Content to the extent expressly permitted by these terms and conditions.
12.6 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our website ("Submissions") which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
15. “Act of God”
15.1 Neither you nor we are liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. New York law
17.1 These terms and conditions shall be governed by New York law, without regard to conflicts of law rules, and you expressly consent to the exclusive jurisdiction of the state and federal courts located in the county of New York, for the resolution of any disputes arising out of or related to this agreement.
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e., that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.