Terms of Use
# Artwork Culture - Terms of Use
## 1. Introduction and Acceptance
Welcome to Artwork Culture, an online marketplace specializing in premium wall art prints. By accessing or using our website, mobile applications, or any services offered by Artwork Culture (collectively, the "Services"), you agree to be bound by these Terms of Use. Please read these terms carefully before using our platform. If you do not agree to these terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and Artwork Culture regarding your use of the Services. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity.
## 2. Account Registration and Security
### 2.1 Account Creation
To purchase from Artwork Culture, you may need to create an account. During registration, you will be required to provide certain information such as your name, email address, and payment details. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
### 2.2 Account Security
You are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Artwork Culture will not be liable for any loss or damage arising from your failure to protect your account information.
### 2.3 Age Requirement
You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account and use our Services. By creating an account, you represent and warrant that you meet this requirement.
## 3. Intellectual Property Rights
### 3.1 Ownership of Content
All artwork, images, content, and materials available on Artwork Culture are protected by copyright, trademark, and other intellectual property laws. The artists and Artwork Culture retain their respective rights to all intellectual property displayed on our platform. Purchasing a print grants you ownership of the physical product only, not the underlying intellectual property rights.
### 3.2 Limited License
Subject to your compliance with these Terms, Artwork Culture grants you a limited, non-exclusive, non-transferable license to access and view the content on our website for personal, non-commercial purposes.
### 3.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
### 3.4 Artist Attribution
All artwork sold on Artwork Culture will include proper attribution to the artist as specified by the artist or required by applicable law. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the artwork.
## 4. Product Information and Pricing
### 4.1 Product Accuracy
We strive to provide accurate descriptions and images of our products. However, colors, dimensions, and other aspects of the artwork may vary slightly from what is displayed on your screen due to variations in monitor calibration, printing processes, and other technical factors. We do not guarantee that your monitor's display of any color or image will be accurate.
### 4.2 Pricing and Currency
All prices are listed in the currency indicated on our website and are subject to change without notice. We reserve the right to correct any pricing errors, even after orders have been submitted, and to modify or cancel the order accordingly.
### 4.3 Taxes and Duties
Prices displayed do not include sales tax, VAT, customs duties, or other taxes unless explicitly stated. Such taxes and duties, when applicable, will be added to your total purchase price during checkout or may be collected separately by the relevant authorities upon delivery.
### 4.4 Promotions and Discounts
Promotional offers and discounts are subject to specific terms and conditions as stated in the offer. Artwork Culture reserves the right to modify or cancel promotions at any time.
## 5. Ordering and Payment
### 5.1 Order Placement
By placing an order through our website, you are making an offer to purchase products. All orders are subject to acceptance by Artwork Culture. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or concerns about fraudulent activity.
### 5.2 Order Confirmation
An order confirmation email does not constitute acceptance of your order. An order is not accepted until we send you a shipping confirmation email, indicating that your order has been processed and shipped.
### 5.3 Payment Methods
Payment must be made in full at the time of ordering. We accept major credit cards (Visa, MasterCard, American Express), PayPal, and other payment methods as specified on our website. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided.
### 5.4 Payment Security
All payment information is encrypted using secure socket layer technology (SSL). While we implement these and other security measures to protect your information, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.
## 6. Shipping and Delivery
### 6.1 Shipping Methods and Timeframes
Artwork Culture ships to destinations specified on our website using trusted carriers. Standard shipping typically takes 5-10 business days, while expedited shipping options may be available at additional cost. Delivery times are estimates only and cannot be guaranteed. Delays may occur due to customs processing, weather conditions, or other circumstances beyond our control.
### 6.2 Risk of Loss
Risk of loss and title for items purchased pass to you upon delivery to the shipping carrier. Artwork Culture is not responsible for lost, stolen, or damaged items once they have been handed over to the shipping carrier.
### 6.3 International Shipping
For international orders, you are responsible for all customs duties, taxes, and fees imposed by the destination country. These charges are not included in the purchase price or shipping cost and will be collected by the carrier or local authorities upon delivery.
### 6.4 Shipping Address
You are responsible for providing accurate shipping information. Artwork Culture is not responsible for delays or non-delivery resulting from incorrect address information.
## 7. Return and Refund Policy
### 7.1 Inspection Upon Receipt
We encourage you to inspect your artwork immediately upon receipt. If you receive damaged or defective products, please contact our customer service team within 14 days of receipt with photographic evidence of the damage.
### 7.2 Return Eligibility
Standard-sized, non-custom prints may be returned within 30 days of delivery if you are not satisfied with your purchase, provided the artwork is in its original condition and packaging. Custom-sized or custom-framed orders may not be eligible for return unless damaged or defective.
### 7.3 Return Process
To initiate a return, please contact our customer service team to obtain a Return Merchandise Authorization (RMA) number. Returns sent without an RMA number may not be accepted. You are responsible for return shipping costs unless the return is due to our error or a defective product.
### 7.4 Refund Processing
Refunds will be issued to the original payment method within 14 business days of receiving the returned item. Refunds include the purchase price of the artwork but may not include original shipping charges unless the return is due to our error or a defective product.
### 7.5 Exchanges
If you wish to exchange an item for a different size or style, please follow the return process and place a new order for the desired item.
## 8. User Conduct
### 8.1 Prohibited Activities
When using our Services, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights or other rights of any person or entity
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems, user accounts, or networks
- Use our platform for any illegal, fraudulent, or unauthorized purpose
- Engage in any activity that could disable, overburden, or impair the proper functioning of the Services
- Harvest or collect email addresses or other contact information of other users
- Impersonate any person or entity or misrepresent your affiliation with a person or entity
### 8.2 User Reviews and Feedback
If you submit reviews, comments, or feedback regarding our products or services, you grant Artwork Culture a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent and warrant that such content is accurate and does not violate the rights of any third party.
### 8.3 Reporting Violations
If you believe that any user of our Services has violated these Terms, please contact us immediately.
## 9. Disclaimer of Warranties
### 9.1 No Warranties
Artwork Culture provides the Services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
### 9.2 Technical Accuracy
Artwork Culture does not warrant that the Services will function uninterrupted, secure, or available at any particular time or location, that any errors or defects will be corrected, or that the Services are free of viruses or other harmful components.
### 9.3 Color and Appearance
While we make every effort to display the colors and appearance of our products accurately, we cannot guarantee that your computer's display of the colors will be accurate. Variations between digital images and printed artwork are inherent to the printing process.
## 10. Limitation of Liability
### 10.1 Liability Cap
To the maximum extent permitted by law, Artwork Culture shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from your use or inability to use the Services.
### 10.2 Maximum Liability
In no event shall Artwork Culture's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Artwork Culture for purchases made within the six (6) months prior to bringing the claim.
### 10.3 Exception for Consumer Protection Laws
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.
## 11. Indemnification
You agree to indemnify, defend, and hold harmless Artwork Culture, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the content, services, or products other than as expressly authorized.
## 12. Third-Party Links and Content
### 12.1 Third-Party Websites
Our Services may contain links to third-party websites or content. Artwork Culture is not responsible for any third-party content or websites linked to or from our platform. Your use of any third-party websites is subject to their terms and conditions.
### 12.2 Third-Party Services
We may use third-party services to process payments, ship products, or provide other aspects of our Services. Your use of such third-party services is subject to their respective terms and privacy policies.
### 12.3 Affiliate Marketing
Our website may contain affiliate marketing links, which means we may receive a commission for purchases made through those links. This does not affect your purchase price but helps support our platform.
## 13. Modifications to Terms and Services
### 13.1 Updates to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. We will make reasonable efforts to notify you of significant changes through email or by posting a notice on our website.
### 13.2 Continued Use
Your continued use of our Services following any changes constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using our Services.
### 13.3 Service Modifications
Artwork Culture reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability.
## 14. Termination
### 14.1 Termination by You
You may terminate your account at any time by contacting our customer service team or using the account deletion option if available.
### 14.2 Termination by Artwork Culture
Artwork Culture reserves the right to terminate or suspend your account and access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
### 14.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
## 15. Governing Law and Dispute Resolution
### 15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
### 15.2 Dispute Resolution
Any dispute arising from these Terms shall be resolved exclusively in the courts of the United States. You consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts.
### 15.3 Alternative Dispute Resolution
Before filing a claim against Artwork Culture, you agree to attempt to resolve the dispute informally by contacting us. If we cannot resolve the dispute informally, both parties agree to try in good faith to settle the dispute through mediation before resorting to arbitration, litigation, or other dispute resolution procedure.
### 15.4 Class Action Waiver
You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.
## 16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect and enforceable.
## 18. Artist Partnerships
### 18.1 Artist Agreements
Artists who sell their work through Artwork Culture are subject to separate Artist Partnership Agreements that govern the terms of sale, royalties, and rights management.
### 18.2 Commission Structure
Artists receive a predetermined percentage of each sale as specified in their individual agreement with Artwork Culture.
### 18.3 Copyright Ownership
Artists retain copyright ownership of their original works. Artwork Culture obtains limited reproduction rights solely for the purpose of producing and selling prints through our platform.
## 19. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
## 20. Force Majeure
Artwork Culture shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to natural disasters, pandemic, civil unrest, terrorism, labor disputes, or governmental actions.
## 21. Complete Agreement
These Terms, together with our Privacy Policy and any other legal notices published by Artwork Culture, constitute the entire agreement between you and Artwork Culture concerning the Services.
Last Updated: 20 May 2025