Terms of Service
Please take the time to read this ENTIRE agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the OriginalArtSale.com site ("OriginalArtSale.com", "Site", "us", "our" or "we"). If you don't abide by this Agreement, it may expose you to certain liability.
To use our Site you must agree to and follow the terms and conditions of service (the "TOS"). Unless specifically mentioned, the following statements apply to all OriginalArtSale.com partners and affiliates.
1. What You Are Agreeing To.
OriginalArtSale.com provides its Site and its service to you, subject to these TOS. Your use of the Site let's us know that you accept these TOS. OriginalArtSale.com reserves the right, in its sole and absolute discretion, to change this TOS at any time. Changes will be put up on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. OriginalArtSale.com will strive to let our users know that changes to this TOS have been made, but is in no way obligated to do so. OriginalArtSale.com may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. OriginalArtSale.com hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Who Can Use OriginalArtSale.com.
Those that are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of the United States of America or the country of Canada or other applicable jurisdiction can use this Site. In no such case are you qualified for our services if you are under the age of 18.
3. A Description of Our Services.
OriginalArtSale.com manages and maintains the software and infrastructure of an online ecommerce store focused on bringing quality hand painted oil art on canvas to buyers. You agree that OriginalArtSale.com can place advertisements into any interface or page provided for by the OriginalArtSale.com software or the Site. Such advertisements are under OriginalArtSale.com's sole and absolute control and may not be removed for any reason.
4. Harsh Words About Other Prohibited Conduct That Interferes With the Site.
You cannot alter or unnecessarily interfere with the OriginalArtSale.com website. This includes, but is not limited to, using automated script programs to customize and aggregate our features and our user's information, conduct which unduly burdens the OriginalArtSale.com servers and commercial conduct.
5. Your Use of the Site / Our Limitation of Liabilty.
You agree to manage and maintain content on the system in a legal and respectful manner that follows this TOS.
6. Another Limitation of Liability / Our Disclaimer of Warranties.
OriginalArtSale.com attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and "as available" Neither OriginalArtSale.com nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with OriginalArtSale.com service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, OriginalArtSale.com makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
7. Our Server Downtime Policy.
While OriginalArtSale.com attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.
8. Some Words About OriginalArtSale.com Interface and Functionality.
OriginalArtSale.com strives to create a reliable, powerful and easy to use interface. As such OriginalArtSale.com reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. OriginalArtSale.com will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.
9. Indemnification.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORIGINALARTSALE.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST OriginalArtSale.com.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY CANADIAN., INTERNATIONAL, FOREIGN, OR STATE OR PROVINCIAL LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
10. The Law That Governs This / Miscellaneous.
This TOS shall be construed in accordance with the laws of the state of Ohio in the United States, and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or provincial courts of Ohio. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control.
11. This is the Entire Agreement About These TOS.
This TOS constitutes the entire Agreement relating to the TOS only between you and OriginalArtSale.com with respect to use of the Site. However, there may be other agreements found throughout our site that your acceptance to is necessary for your continued use. This TOS supersedes any prior agreements, oral or written, between you and OriginalArtSale.com relating to the TOS. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on OriginalArtSale.com.
You also may be subject to additional terms and conditions that may apply when you use affiliate or other OriginalArtSale.com services, third-party content or third-party software.
12. Statute of Limitiations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Typographical Errors
You acknowledge that you are aware that the pricing for products shown on the Site is input by humans. While we strive for the highest quality customer experience possible, we must acknowledge the possibility that a listed price could be grossly in error due to a mistake during the creation of the product listing. OriginalArtSale.com reserves the right to refuse or cancel any orders which are placed on a product listed at an incorrect price. If a customer has already been billed for an incorrectly priced item, OriginalArtSale.com will issue a refund for the full amount billed.
14. Report Violations.
Please report any violations of this TOS to
support@OriginalArtSale.com.com