TERMS OF USE AGREEMENT
Welcome to the Arttree.com.au website (hereinafter referred to as “our Website”), owned and operated by “Arttree”. This agreement, which sets forth the Terms of Use for our Website (hereinafter referred to as "Agreement"), is entered into by and between the users of our Website (hereinafter referred to as “you” or "your") and Arttree.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE.
By accessing, browsing and/or using any areas of our Website, you acknowledge that you have read this Agreement, understand it and unconditionally agree to be legally bound by this Agreement and all of the Terms of Use for our Website as contained herein. If you do not agree to be legally bound by this Agreement, do not use our Website.
CHANGES IN TERMS OF USE
At its sole discretion, Arttree reserves the right at any time and without prior notice, to revise, amend, alter, modify, update or impose new additions to this Agreement. Any access or use of our Website by you following any such revisions or additions to this Agreement, constitutes your agreement to follow and be bound by the new Terms of Use of our Website as set forth in this Agreement as amended. For this reason, you should periodically visit this page to review the most current Terms of Use for our Website
WEBSITE CONTENTS, PROPRIETARY RIGHTS AND USE RESTRICTIONS
Our Website in its entirety, including, but not limited to, all website design, content, information, images, data, illustrations, page designs, headers, icons, photographs, text, logos, descriptions, video or audio clips, graphics, code, programs, computer software or any other material, (hereinafter collectively referred to as the “Contents”), are the sole property of Arttree and are protected by copyrights, trademarks, trade dress, service marks and/or other proprietary rights owned by Arttree and/or their affiliates, and all rights thereto are specifically reserved. All of the Contents of our Website are copyrighted as a collective work under the Australia copyright laws, and Arttree owns a copyright in the selection, coordination, arrangement and enhancement of such Contents. Using our Website does not confer, by implication, estoppels or otherwise, any ownership right to our Website as a whole or to any individual elements of our Website, without regard to whether such elements are subject to copyright or trademark protection. In addition, nothing contained in our Website grants or should be construed as granting to you, any license or right to use any trademarks, trade names, logos, or service marks displayed on our Website, without the written permission of Arttree.
The Contents of our Website and our Website as a whole, is intended solely for your personal, non-commercial use, and such use is limited to you accessing and using our Website for the sole purpose of browsing, shopping and ordering of products from our Website. Any other use of our Website by you is strictly prohibited. Our Website or any of the Contents of our Website may not be reproduced, published, copied, duplicated, modified, distributed, transmitted, displayed, sold, resold, licensed, or otherwise exploited, in whole or in part, for any commercial purpose, unless you have obtained prior written permission from Arttree. Arttree prohibits the use of the Arttree logo or any of our Website Contents, as a link to any website, unless creating such a link is approved in advance by Arttree.
Our Website and its Contents may contain typographical errors, errors of omissions or inaccuracies and may not be complete or current. Arttree reserves the right to correct any errors, omissions or inaccuracies and to update or change the Contents of our Website at any time, without prior notice, including after any order has been submitted to Arttree. As a result, Arttree reserves the right to cancel or refuse to accept any order that contains any errors, omissions or inaccuracies in either the Contents, pricing and/or availability, whether or not the order has been confirmed or your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Arttree will promptly issue a refund to your credit or debit card account in the amount of your purchase.
PRICES AND ORDERS
All prices displayed on our Website are in Australian Dollars. All prices and product availability are subject to change without notice. Prices advertised on our Website are for online orders only. In addition, Arttree reserves the right, at anytime and for any reason, to refuse, limit or cancel any orders, whether or not the order has been confirmed and your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Arttree will promptly issue a refund to your credit or debit card account in the amount of your purchase.
COLOR AND PRODUCT DESCRIPTION
Arttree has made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as the actual colors you see will depend on your monitor, Arttree cannot guarantee that your monitor's display of any color will be accurate. In addition, the oil paintings Arttree offers for sale on our Website are all hand-painted by individual artists and as a result, there may be some variations in the oil painting you receive and the picture displayed on our Website. All product descriptions appearing on our Website are attempted to be as accurate as possible. However, Arttree does not warrant that any product descriptions are accurate, complete, current, or error free. If a product delivered by Arttree is not as described or depicted on our Website and/or not in the color of your choice, your sole remedy is to return it to Arttree in undamaged condition, within 30 days of your invoice date, for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you.
RETURNS
If for any reason you are not 100% satisfied with your purchase, you may return it to us within 30 days of your invoice date for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you. All returns must be sent to us freight prepaid. Unfortunately, we are unable to accept returns of oil paintings that have been altered in any way by the customer. Oil paintings ordered with any custom changes (i.e. custom sizes, custom colors, adding or deleting parts to the oil painting) can only be returned for a store credit. Please note that for international customers, customs charges and import/excise taxes are not refundable.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
In the event our Website contains links to third party websites (hereinafter referred to as “Linked Websites”), you agree that Arttree does not endorse, sponsor, or control these Linked Websites and is therefore not responsible or liable for any content, advertising, products, or other materials on such Linked Websites. Any concerns you may have regarding any Linked Website, must be directed to that particular Linked Website. You agree to defend, indemnify and hold Arttree, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents harmless from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any Linked Websites.
PASSWORD SECURITY
Many activities on our Website are conducted within the scope of you registering an account name with Arttree and receiving a secure password. Arttree shall retain the ownership of your account and licenses it to you on a limited non-exclusive basis for the duration of your account activation. You hereby agree that you are solely responsible for keeping your account information and password confidential and secure, which may include you taking the following safeguards: restricting access to any computer owned by you or not disclosing the password of your account to anyone, except persons you have authorized to use your account. You hereby agree to accept full responsibility for any liabilities resulting from all activities that occur within any such account registered in your name with our Website, including, but not limited to any liability that may occur with respect to the use of your account by any person you have duly authorized to access and use your account or by any liability that may occur as it relates to your failure to keep your account name and password secure. You agree to notify Arttree promptly upon any unauthorized use of your account.
USER CONDUCT AND INFORMATION SUBMITTED BY YOU
You hereby agree to access and use our Website only for lawful purposes and not to allow others to access and use your account for any unlawful purposes. You agree to use our Website in accordance with the Terms of Use as set forth in this Agreement and to comply with all applicable laws, statutes, regulations and ordinances when using or purchasing products from our Website. All billing and account registration information provided by you must be accurate and completely truthful. Any conduct by you that in the sole discretion of Arttree restricts, interferes, or inhibits any other user from accessing, using or ordering products from our Website will not be permitted. You are strictly prohibited from posting on or submitting any material or information, including, but not limited to, comments, feedback, suggestions, ideas, messages, notes and any other communications or transmissions (hereinafter referred collectively as, “Comments”) through our Website that contains any unlawful, libelous, abusive, obscene, vulgar, harmful, hateful, racial, ethnic, harassing, profane, sexually explicit, fraudulent, defamatory, threatening or otherwise objectionable material of any kind, including, but not limited to any material that encourages conduct that would give rise to a criminal or civil liability under any applicable local, state, national or international law.
You agree that you are and shall remain solely responsible for the content of any Comments you submit to Arttree. In addition, you hereby agree to defend, indemnify and hold harmless Arttree, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of any Comments you submit, post, or transmit to or from our Website.
You agree that any Comments disclosed, submitted or offered by you to Arttree in connection with your use of our Website, shall become and remain the property of Arttree. All such Comments submitted by you will be treated as non-confidential and non-proprietary and Arttree will be entitled to use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments you submit to us for any purpose whatsoever, including but not limited to, marketing, developing or manufacturing products that incorporate such Comments, all without restriction or compensation to you. Any Comments submitted by you to Arttree shall constitute an assignment to Arttree of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. You hereby grant Arttree the right to use your name, along with your city and state of residence that you submit in connection with any Comments.