policies & terms
let's make your experience a great one!
By purchasing a print today, you are supporting one or more artists, and the visual arts community at large.
As a User of this site you have rights & responsibilities…
A few rules are listed for Users (that's You) to follow while browsing and purchasing on our site.
These protect our Artists ("Merchants"), their Copyrights, our Intellectual Property, and Your Rights as a Consumer.
• RESPECT THE COPYRIGHT. RESPECT THE COPYRIGHT. RESPECT THE COPYRIGHT.
• ALL IMAGES ON THIS SITE ARE COPYRIGHTED AND/OR TRADEMARKED, BACKED BY THIS LIST OF TERMS.
• ART & PHOTOGRAPHY LISTED ON FINEARTBISTRO.COM IS LISTED FOR PURCHASE, AND MARKETED TO THAT END.
• THE FINEARTBISTRO / ARTIST / MERCHANT RELATIONSHIP IS STRONG BECAUSE OF THE PROTECTIONS GRANTED.
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF ALL THE FOLLOWING PROVISIONS.
MEMBERSHIP TERMS AND CONDITIONS --------------------------------------------
Membership at fineartbistro.com
These terms and conditions apply between Fineartbistro.com (a Pixels & Ink, LLC Company - hereinafter Fineartbistro) and You (the member) where you will obtain membership at Fineartbistro's website and you grant Fineartbistro the right to display your uploaded images online at Fineartbistro's website fineartbistro.com.
By checking the checkbox and clicking "Join Now" you have represented that you have read and understood the terms and conditions below and that you agree to be bound by these terms and conditions.
1. DefinitionsThe following terms shall have the meanings assigned to the herein below.
1.1 "Agreement" means the terms and conditions below, to which you have agreed to be bound.
1.2 "Member" (or "you") means the individual or entity that has accepted and agreed to be bound by the terms and conditions of this Agreement in accordance with the provisions in the preamble above.
1.3 "Fineartbistro's website" shall mean Fineartbistro's website fineartbistro.com and Your Collection Page.
1.4 "Your Image(s)" shall mean the images that you have uploaded to Fineartbistro's website and which are subject to the licenses granted to Fineartbistro under Section 2 below.
1.5 "Your Collection Page" shall mean the Collection Page you create and the account you register at Fineartbistro's website fineartbistro.com by accepting this Agreement and clicking "Create account".
2. License grant2.1 Fineartbistro is hereby granted the right to display Your Image(s) on Fineartbistro's website and to store Your Image(s) on its servers and backups. You will remain the copyright owner of Your Image(s).
2.2 In addition to Section 2.1, Fineartbistro is hereby granted the right to display Your Image(s) in mobile applications, for example iPhone/iPad and Android applications, in different sizes as decided by Fineartbistro.
2.3 You grant Fineartbistro the license to use Your Images(s) for the purpose of marketing and advertising Your Image(s) in order to increase sales if Your Image(s) in accordance with Section 10.3 below.
3. Warranties and indemnifications3.1 You warrant that you are the copyright owner of Your Image(s) and that you have all necessary permits and sufficient rights in and to Your Image(s) to grant to Fineartbistro the rights indicated under Section 2 above. For avoidance of any doubt, if Your Image(s) is a montage, you warrant that you are the copyright owner and that you have all necessary permits and sufficient rights in and to all parts of Your Image(s) to grant Fineartbistro the rights indicated under Section 2 above.
3.2 You undertake to defend, at your own expense, Fineartbistro against any claims from third parties alleging that Fineartbistro's use of Your Photograph(s) in accordance with this Agreement constitute an infringement of any rights of a third party (hereinafter referred to as "Claims") and to indemnify and hold Fineartbistro harmless from any costs, damages, liabilities, and/or expenses (including reasonable legal fees) suffered or incurred by Fineartbistro due to or arising from such Claims.
3.3 You warrant that you have all the necessary model releases and that you have obtained all the necessary approvals from persons that appear in Your Image(s) to grant to Fineartbistro the rights indicated under Section 2 above.
3.4 You warrant that Your Image(s) do not contain any illegal material and/or in themselves constitute illegal material.
3.5 You warrant that Your Image(s) do not contain anything that may constitute a violation of the personal integrity and privacy of an individual.
3.6 You warrant that Your Image(s) do not contain anything that may offend, slander, defame or discriminate any individual, entity or group of people.
3.7 You undertake to indemnify Fineartbistro for any and all costs, losses and/or damages incurred by Fineartbistro due to or arising from a breach of any of the warranties under this Section 3.
3.8 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 3, Fineartbistro might delete images or ban or delete your Collection Page and Image Products from further use for a limited period of time decided by Fineartbistro or permanently. If Your Collection Page is deleted or banned no money will be refunded.
4. Member's undertakings4.1 You undertake to register a valid email address in the email field when you create your account and to keep your account information updated with a valid, active email address in the "Settings"-page in Your Collection Page.
4.2 You warrant that you are the author of all of Your Image(s) and if Your Image(s) is a montage, that you are the author of all parts of Your Image(s).
4.3 You undertake to only register one Collection Page/account at Fineartbistro's website. If Your Collection Page has been banned, or if you have lost your username or password, or for any other reason, you are not allowed to register a new Collection Page, without the written consent of Fineartbistro.
4.4 You undertake to keep your password safe and never share it with anyone or write it down. Fineartbistro staff will never ask for your password. If you have lost your password you are able to reset it.
4.5 You warrant that the country you have selected in the webshop when you make purchases on Fineartbistro's website, is the country you actually reside in.
4.6 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 4, Fineartbistro might delete one or more of Your Image(s) and might delete or ban Your Collection Page from further use for a limited period of time or permanently as decided by Fineartbistro. If your Collection Page is deleted or banned no money will be refunded.
5. Fineartbistro's undertakings5.1 Fineartbistro undertakes to not to share your personal information with anyone who is not a member of its staff, without your consent.
6. Fineartbistro's handling of Your Image(s)6.1 You can ask to have any of Your Uploaded Image(s) to be Deleted from Fineartbistro's website by sending an email to help@fineartbistro with the title "Delete photo" and the title of your Image(s) for deletion. Alternately, you may copy/paste the links for each Image you would like Deleted into said email.
6.2 If you end your membership by Requesting a HOLD or DELETE of Your Collection Page via email, your Collection Page will immediately be hidden from public access. Stagnant Collection Pages may be deleted within one month of a HOLD Request. When your Collection Page has been deleted all Your Image(s) will be deleted from Fineartbistro's servers. Your Image(s) may still remain on backups, not accessible by the public.
6.3 You acknowledge and agree that Fineartbistro and its staff has the right to delete any of Your Image(s) or other material submitted by you at any time and for any reason from Fineartbistro's website.
7. Personal information and cookies7.1 You agree that your personal information, including, but not limited to your full name, username, display name email, phone number, address, paypal address, presentation text, profile image, images, private messages, chat conversations, public comments, forum posts and information on your profile-page, will be stored on our servers and in our databases. Your address, email and phone number, will not be shared with anyone except Fineartbistro's staff or when necessary Fineartbistro's subcontractors. Fineartbistro has the right to take necessary measures to prevent spam, commercial messages or other abuse indicated under Section 8.1 and 8.2 in private conversations.
7.2 You can change your personal information in your "Account"-page by Logging In to your Account on any page on Fineartbistro.com.
7.3 If you end your membership by Requesting a HOLD or DELETE of Your Collection Page via email, your Collection Page will immediately be hidden from public access and deleted within one month. When your Account has been deleted your personal information (as defined in Section 7.1, except from public forum posts, image comments, critique posts, wall posts, and private messages) will be deleted from Fineartbistro's servers. Your personal information (as defined in Section 7.1) may still remain on backups, not accessible by the public.
8. Rules for Communication8.1 It is strictly prohibited to contact members on Fineartbistro's website with offers or in order to make them join other sites or organizations, buy products or donate money, without the written consent of Fineartbistro. You are not allowed to make commercial messages anywhere else on Fineartbistro's website.
8.2 When communicating on Fineartbistro's website, no matter if in blogs, chat, private messages, walls, image comments, guest books, or any other form of communication, always use a friendly, polite language. Never write in anger, insult, slander, defame, offend, discriminate or make personal accusations or attacks against someone. Insulting, offending, slandering, defaming or discriminating someone for any reason is strictly prohibited.
8.3 You acknowledge and agree that Fineartbistro and its staff has the right to delete any blog post, image comment, guest book comment, forum post, wall post, private message, chat message or other text, information or material submitted by you at any time and for any reason.
8.4 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 8, Fineartbistro might delete or ban Your Collection Page from further use for a limited period of time or permanently as decided by Fineartbistro. If your Collection Page is deleted or banned no money will be refunded.
9. Usage of and linking to images9.1 Copying, downloading, taking screenshots, displaying, printing or otherwise using images on Fineartbistro's website without the written consent of both Fineartbistro and the author of the image is strictly prohibited.
9.2 When linking to photos on Fineartbistro's website, you are only allowed to link to the full image page with all information or copyright watermark included, never link directly to the image file or in any other way. You are not allowed to link to images on Fineartbistro's website by copying images and use them as links, only text links are allowed on other sites. (e.g. do NOT post an image found on Fineartbistro.com to your website, blog, or other media outlet as a linked file. Use the Social media buttons or full URL as a link).
9.3 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 9, Fineartbistro might delete or ban Your Collection Page from further use for a limited period of time or permanently as decided by Fineartbistro. If your Collection Page is deleted or banned no money will be refunded.
10. Sales on Your Collection Page10.1 If you advertise, market or sell any other products or services than listed on Your Collection Page, You are fully responsible and Fineartbistro is not responsible in all matters concerning those products or services, including but not limited to product quality, faults or damage, shipping, shipping time, customer service and support, refunds and returns. Fineartbistro is relieved of liability for any consequences or damage or other issues that may arise from marketing, advertising and selling such products or services.
You acknowledge that you allow and license Fineartbistro to use Your Image(s) for the purposes of SALE, MARKETING and/or ADVERTISING Your Image(s), including but not limited to, on other websites, in magazines, flyers, books, exhibitions, catalogues, TV, billboards and monitors. If any of Your Image(s) is used for the purposes of marketing and advertising You will be acknowledged as the copyright owner of Your Image(s).
11. Membership types and prices11.1 There are two types of memberships at fineartbistro.com: "Fineartbistro Free" and "Fineartbistro Pro". With Fineartbistro Free you are allowed to store a maximum of 10 image files on fineartbistro.com. With Fineartbistro Standard you are allowed to store a maximum of 50 image files on fineartbistro.com. Exceptions may be made to include more products for sale at our discretion.
11.2 For a detailed list of conditions for the different memberships, refer to "http://fineartbistro.com/pages/plans". These conditions may be subject to change.
12. Ending membership12.1 If you end your membership Requesting a HOLD or DELETE of Your Collection Page via email, your Collection Page will be deleted within one month. When your Collection Page has been deleted all Your Images(s) and personal information (as defined in Section 7.3) will be deleted from Fineartbistro's servers. Your Images(s) and personal information (as defined in Section 7.1) may still remain on backups, not accessible by the public.
12.2 If you end your membership, no payment(s) will be refunded.
12.3 If you have ended your membership you are not allowed to register a new account at Fineartbistro's website without the written consent of Fineartbistro.
13. Liability and limitation thereof13.1 Fineartbistro does not undertake any liability for its subcontractors' or partners' compliance with the subcontractors' or partners' use of Your Image(s).
13.2 Fineartbistro is relieved from liability from any consequences of hacker attacks or otherwise unauthorized access to its servers or databases, which results in a third party's possession or spreading of any personal information, image file(s) or other material or information.
13.3 Fineartbistro is relieved from liability from any consequences if Fineartbistro's website or any of Fineartbistro's services or products are unavailable for any period of time.
13.4 Fineartbistro is relieved from liability from any consequences of errors or faults in Fineartbistro's website or its services.
13.5 Fineartbistro is relieved from liability from any consequences of any illegal, slandering, offending or defamatory comments or other material provided by its members. You are personally responsible for any such comments or material that you submit to Fineartbistro's website.
13.6 Fineartbistro is relieved from liability for a failure to perform an obligation under this Agreement if such failure is due to a circumstance of the type stated below (Relieving circumstance) and the circumstance prevents or make substantially more difficult the timely performance of such obligation.
13.7 FINEARTBISTRO SHALL IN NO EVENT BE LIABLE TOWARDS YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES OR PRODUCTS PROVIDED BY FINEARTBISTRO.
14. Termination14.1 If you have ended your membership and your Collection Page has been deleted, this Agreement is terminated and no money will be refunded.
14.2 If your Collection Page has been deleted by Fineartbistro in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated and no money will be refunded.
14.3 If this Agreement has been terminated in accordance with Section 14.1 or 14.2 above, you are not allowed to register a new Collection Page at Fineartbistro's website.
15. Membership Refunds15.1 Once a payment has been made to Fineartbistro, no money will be refunded, except if you have made a double payment by mistake. In such a case one of the payments will be refunded upon finding or request.
15.2 If your Collection Page has been banned or deleted in accordance with any of the provisions under this Agreement, no money will be refunded.
16. Relationship of parties16.1 You shall not be considered to be hired or employed by Fineartbistro. The relationship between you and Fineartbistro shall be that of two independent parties and either party shall act in its own name and on its own behalf. Neither party shall be entitled to conclude any agreements with third parties on behalf of the other not stated in this Agreement.
17. Changes17.1 Fineartbistro may at any time change the provisions of this Agreement. Fineartbistro shall notify you of any changes by email, except Section 11.1 above. You will be requested to accept such changes on Fineartbistro's website. If you do not accept the changes, Your Collection Page might be blocked from further use and no money will be refunded.
COPYRIGHT POLICY --------------------------------------------
Regarding "ARTISTS", "MERCHANTS"
Individual Artists retain full copyright of their respective images and likeness featured on fineartbistro.com
IMAGE USE ON FINEARTBISTRO.COM
All images are owned and copyrighted by the respective artists.
Copyrighted images are kept on file and used by Fineartbistro in order only to maintain www.fineartbistro.com and facilitate customer orders.
At it's discretion, Fineartbistro may use an artist's image(s) for promotional use with the interest in selling and promoting said artist's products listed on Fineartbistro.com, including: but not limited to, Email Lists, Facebook Ads & Pages, Pinterest, et. al., and in print advertising. If your image is featured, a Direct Link to your Listing or tagline will be included. Our intent on using your images for promotion is solely for the Artist's benefit and that of Fineartbistro. Fineartbistro will not reproduce any artwork submitted by copyright holder without express permission. By accepting membership with Fineartbistro.com, you are consenting to the reproduction of your artwork for the fulfillment of customer orders and promotions to that end.
USER / CUSTOMER COPYRIGHT INFORMATION:
All material published on this site is Copyright© and Trademarked™ Fineartbistro™, Fineartbistro.com™, including: "fineartbistro" logo, slogans, and terms – All rights reserved. These copyrights and trademarks are the sole property of Fineartbistro, a Pixels & Ink, LLC Company, and protected by state and federal trademark laws, as well as state and national LLC regulations. The information presented here may not under any circumstances be replicated, nor resold or redistributed for compensation or for any other purpose.
CEASE PRODUCT LISTINGS AND SALESIf, at any time, Merchant decides to stop selling Image(s) through Fineartbistro.com, simply inform Fineartbistro of your intentions.
Without penalty or fee, You may choose to:
HOLD ON ACCOUNT: That is, remove Merchant products and listings from public view on Fineartbistro.com so that they are not for sale. Fineartbistro may re-activate Merchant accounts after 30 days of inactivity, or delete
DELETE ACCOUNT / CEASE CONTRACT: To DELETE your account, simply contact us of your intentions. Pending Fineartbistro.com's confirmation of your request (a fail-safe for your security), Fineartbistro.com will cease to use, list and/or sell your images, and will delete your copyrighted files from our system within, but not exceeding, 1 month.
TERMS OF SERVICE --------------------------------------------
1 - LICENSE, ACCESS & STORE TERMS
Fineartbistro grants you a limited, noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site, but not to download (other than page caching incidental to browser viewing) or modify it, or any portion of it, except with express written consent of Fineartbistro. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 - USE RESTRICTIONS
Fineartbistro imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(ii) violate or attempt to violate any security feature of the Site;
(iii) access or attempt to access any content, data, programs or other Fineartbistro systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(iv) attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(v) damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
(vi) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the hidden scripting or source code used by Fineartbistro in providing the Site;
(vii) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Site;
(viii) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, Fineartbistro IP (as defined below) or other lists, products or services provided through or obtained through the Site, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Site;
(ix) use any meta tags or any other "hidden text" utilizing Fineartbistro IP (as defined below) without the express written consent of Fineartbistro;
(x) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
(xi) harm minors in any way or solicit personal information from or about a minor;
(xii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xiii) send email messages, post to any forum, or otherwise use the Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy or defamation);
(xiv) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme;
(xv) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate to the mores of the Site community, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to inside information regarding publicly traded companies, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, etc.); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (e) infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the Site, provided that (i) the links do not portray Site users, Fineartbistro, its Merchants, or its or their products or services in a false, misleading, derogatory, or otherwise offensive manner; and (ii) except as provided herein, you may not use any Fineartbistro or Merchant logo or other proprietary graphic or trademark as part of the link without express written permission. For example, prominently positioning the Fineartbistro™ trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the Fineartbistro™ mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between Fineartbistro, and you or any other person or entity. If Fineartbistro, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Homepage (or to any other part of the Site), you agree to promptly comply. You agree that if you create any link to the Homepage, you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site Content from how it normally appears in a browser.
Fineartbistro reserves the right to investigate suspected violations of these Terms, though it undertakes no obligation to do so. If Fineartbistro becomes aware of a possible violation, Fineartbistro may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If Fineartbistro believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting from Fineartbistro's system any materials you have previously posted or made accessible. Fineartbistro, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. Fineartbistro reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Fineartbistro intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Fineartbistro, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fineartbistro $50.00 for each intended recipient of each such unsolicited email or other unsolicited communication you send or attempt to send via the Site, and/or to Site Users.
4 - MODIFICATIONS TO SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 - PRODUCTS OR SERVICES
Fineartbisro strives for the Site to be as accurate as possible. However, Fineartbistro does not represent or warrant that Merchant Offers, Discount Certificates or any other content on the Site will be accurate, complete, reliable, current, or error-free. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We provide visitors to our Site ("Users") with the opportunity to post, make available for sale and sell high-quality, tangible-medium reproductions of images ("User Images") which they have submitted electronically ("Reproductions") and to browse and buy Reproductions offered for sale by others. The substrates onto which Reproductions are printed may include, but are in no way limited to, fine art print media and canvases (in various sizes) suitable for hanging and/or framing, T-shirts, coffee cups/mugs, mouse pads, etc., as we may approve and introduce from time to time, in our sole discretion.
6 - PAYMENT, ORDERS, INTEREST, BILLING AND ACCOUNT INFORMATION
Terms of payment are within Fineartbistro's sole discretion, and unless otherwise agreed by Fineartbistro, payment must be received by Fineartbistro prior to Merchant acceptance of an order. Payment for orders for Merchant Offers will be accepted only from sources approved by Fineartbistro from time to time, which currently include PayPal, Visa, Mastercard, Discover, and American Express. Your order is subject to cancellation by Fineartbistro at any time, at Fineartbistro's sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due may be subject to a finance charge of up to one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, on the unpaid balance due. You shall also be responsible for any expenses and/or fees (including but not limited to attorneys' fees), incurred by Company in collecting past due amounts from you.e reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 - OPTIONAL TOOLS
We may, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10 - PERSONAL INFORMATION
11 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Fineartbistro, Fineartbistro.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fineartbistro and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase an item from Fineartbistro.com, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
2 - CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information at anytime, by selecting "UNSUBSCRIBE" embedded in our correspondence, or simply send us an email to let us know to take you off the list at: email@example.com
3 - DISCLOSURE
We may disclose your personal information ONLY if we are required by law to do so, or if you violate our Terms of Service.
4 - SERVER/STORAGE
Shopify, Inc. provides us with the online e-commerce platform that allows us to sell our products and services to and for you. Your data is stored on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions (i.e. Paypal, Google Checkout, etc).
6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not. _session_id, unique token, sessional, Allows Fineartbistro to store information about your session (referrer, landing page, etc). _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer. cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart. _secure_session_id, unique token, sessional storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access. Google analytics: PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where.
8 - AGE OF CONSENT
By using this site, you represent that you are at least 13 years of age, and you have also given us your consent to allow any of your minor dependents to use this site.
10 - CONTACT INFORMATION
120 Thoma St. Suite #1
Reno, NV 89501
Updated Aug 3, 2016