Terms and Conditions

Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Art.com, Inc. ("Art.com").

I. Privacy

You should review our Privacy Policy to understand our privacy practices.

II. Terms of Use

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
  • use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
  • engage in any activity that interferes with the website or another user’s ability to use the website;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Art.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Copyright & Trademark Compliance; Complaints

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement

If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated and submit it to:

Art.com
Attention: Legal Department
2100 Powell St, 13th Floor
Emeryville, CA 94608-1803
Facsimile: (510) 291-9634

Statement on Human Trafficking and Slavery

We are part of a global community and supply chain. We are selective of our vendors and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate the involvement of our suppliers in human trafficking and slavery, including sweatshops and forced or child labor. We obtain contractual representations from our vendors of their compliance with such laws and have the discretion to, with or without notice, inquire on their practices.

Notice to California Residents

Some of our products are made with composite wood products such as particleboard and medium density fiberboard (MDF). These wood components are tested for safety in accordance with the California Composite Wood Products Airborne Toxic Control Measure (ATCM). Our products comply with applicable Phase 2 formaldehyde emission standards.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

Use of Recommendation Services

We offer our website users certain services that involve the use of images of our products. These include, but are not limited to, our "Tell-A-Friend," "Blog This" and "Send a e-Card" services. The product images provided through these services are protected by international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our website.

Suggestions and Ideas

Visitors may submit suggestions, ideas or questions to artatwork@art.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Third Party Links and/or Services

The website may contain links to or services offered by third parties that are not under the control of Art.com (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.

Limitation of Liability

We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

III. Terms of Sale

These Terms of Sale apply to all offers made by Art.com Inc., all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

Cancellation Rights

All serviced products are custom made to customer’s specifications. To cancel an order that has not yet begun production, have your order number available and contact our Customer Support Team at 866.303.3780 or email artatwork@art.com. We are unable to process cancellations for items for which production has already commenced.

Return Rights

We are committed to quality products and your satisfaction is very important to us.

If for any reason you are not completely satisfied with your purchase, you may return it within 30 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.

In many cases we will accept photographic documentation and not require items to be physically returned. Simply contact us at 866-303-3780.

Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.

Volume Discounts

We offer tiered volume discounts for customers who meet specified rolling 24-month purchase thresholds at the following rates:

Rolling 24-month Purchases on WorkspaceArt.com* Discount Off WorkspaceArt Business Prices
$2,500 10%
$10,000 20%
$50,000 30%

*Rolling 24-month purchase thresholds are calculated before shipping and taxes.

We reserve the right to modify and/or terminate purchase thresholds and discount amounts at our sole discretion.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

Invoice Payments

We offer invoice payments on Net 30 terms to qualifying business customers. Net 30 terms are not guaranteed. Whether a customer qualifies for invoice payment is within our sole discretion and we can refuse to make invoice payments available for any or no reason. Additionally, we may require that a customer complete a business credit application.

By requesting invoice payment, you represent and warrant that (1) you are duly authorized to act on behalf of the business associated with your account, (2) you agree to pay the total shown on Art.com invoices with Net 30 day payment terms, (3) you acknowledge that a service charge of $50 will be applied to your account for each returned check, (4) you understand that orders will not be shipped if any payments are past due, (5) you agree that payments shall be subject to interest at 18% (per annum), or the maximum rate allowed by law, whichever is lower, (6) you agree that you will be responsible for our costs of collection, including reasonable attorney’s fee, if collection efforts become necessary due to non-payment.

Purchase Order Numbers

We give our customers the option to associate their order with a Purchase Order number generated by the customer’s business. Purchase Order numbers are solely for the convenience of our customers. To the extent there are conflicts between a purchase order and our invoice or these terms and conditions, in all cases our invoice and/or terms and conditions shall govern.

Sales Tax

Items shipped to destinations in the states of Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, and Wisconsin are subject to tax. No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.

The following information is provided to purchasers who request items to be shipped to Kentucky, Oklahoma or South Dakota. We are not required, and do not collect sales or use tax for your state. Purchases shipped to your state are subject to use tax unless they are specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Your state requires that you report all purchases that were not taxed and pay tax on those purchases. See your state’s department of revenue or taxation website for appropriate forms and instructions.

Tax Exemption

To request tax-exempt status, you must provide us with the valid tax exemption document(s) for each applicable state. You’ll also need to maintain a current certificate and/or documentation in accordance with state laws. Email your documentation to B2BTAX@art.com. We reserve the right to reject any request in our sole discretion. In addition, we reserve the right to determine which products are eligible for tax-exemption. By submitting your documentation, you agree to our Tax Exemption Terms & Conditions, which are incorporated herein by reference.

Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.

Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

IV. Disputes

Any dispute or claim relating in any way to your use of Art.com, to purchases from Art.com, or to the sale of any products or services sold or distributed by Art.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Art.com’s Registered Agent/Legal Department, located at 2100 Powell St., 13th Floor, Emeryville, CA 94608. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Art.com and Allposters.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By placing an order on the website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Art.com.

Severability

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Updated: October, 2018