Terms of use

Terms of Use Agreement

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on October 01, 2013.

This Terms of Use Agreement sets forth the standards of use of the website at www.the-artwork-factory.com (the “Site”) operated by The Artwork Factory s.r.o., (“The Artwork Factory” or “we” or “us”). By using the Site, you (“you” or the “Customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.  Description of Service

The Artwork Factory is providing it's Customers with access to buy artwork and assorted design products.

Disclaimer of Warranties

The Site is provided by The Artwork Factory on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Artwork Factory makes no representations or warranties of any kind, expressed or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. The Artwork Factory shall have no liability for any interruptions in the use of the Site. The Artwork Factory disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

2.  Limitation of Liability

THE ARTWORK FACTORY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE ARTWORK FACTORY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE ARTWORK FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

3.  Indemnification

Customer agrees to indemnify and hold The Artwork Factory, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Site, the violation of this Agreement, or violation of any law by Customer.

4.  Modifications and Interruption to Site

The Artwork Factory reserves the right to modify or discontinue the Site with or without notice to the Customer. The Artwork Factory shall not be liable to Customers or any third party should The Artwork Factory exercise its right to modify or discontinue the Site. We have taken great measures, however, the Customer acknowledges and accepts that The Artwork Factory does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of The Artwork Factory’s control.

The Artwork Factory reserves the right to terminate, at it’s discretion, any promotional discounts or rebates without prior notice.  

5.  Disclaimer Regarding Accuracy of Vendor Information

Some specifications about and other information regarding artwork and products for sale on the Site have been provided by individual artists. While The Artwork Factory makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of information provided by third parties on the Site.

The Artwork Factory makes no representations whatsoever with regard to licensed images provided or offered by artists, photographers or designers and the Customer acknowledges that any reliance on representations and warranties provided by any Vendor shall be at the Customer’s own risk.

6.  Information for Customers

Unless otherwise stated, all prices on the Site are in Euro. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, The Artwork Factory may collect fees owed using other collection mechanisms.

7.  Governing Jurisdiction of the District Courts in Prague 

The site is operated and provided in The Czech Republic. As such, we are subject to the laws of The Czech Republic, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of The Czech Republic.

8.  Compliance with Laws.

Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international laws or regulations.

9.  Copyright and Trademark Information

By submitting to The Artwork Factory images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all Czech and international copyright rights, in and to the Images. You grant to The Artwork Factory the worldwide, perpetual, irrevocable, sub-licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that The Artwork Factory’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold The Artwork Factory harmless from any claims or demands, including attorneys’ fees and costs, incurred by The Artwork Factory with respect thereto.

All images on the Site are either owned or licensed by The Artwork Factory and may not be reproduced or used in any manner without the express written permission of The Artwork Factory and, if appropriate, the relevant artist. Copyright © 2013 The Artwork Factory, s.r.o. All rights reserved. All physical, original artwork is owned solely by the individual artists represented here and are subject to International copyright laws.

10.    Notification of Claimed Copyright Infringement

If you believe that any works on the Site infringe your copyright rights, please provide The Artwork Factory’s Copyright agent with information. The Artwork Factory’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

office@the-artwork-factory.com

11.    Botnets: The Artwork Factory retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, The Artwork Factory reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at The Artwork Factory’s discretion.

12.    Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by The Artwork Factory in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. By accepting this Agreement, you consent to the use and disclosure of information and other practices described in The Artwork Factory’s Privacy Policy.