Terms of service
Introduction and Overview
These Terms of Service (“Terms”) set forth a legally binding agreement between you and There's No Accounting for Taste (“Company,” “us,” or “we” and, in the possessive, the “Company’s” or “our”), an Oregon limited liability company, operating under the assumed business name “There's No Accounting For Taste”, and govern your use of any online service location that posts a link to these Terms, and all features, content, artworks (“Artwork”), and other services that we own, control and make available through such online service location, including theresnoaccountingfortaste.myshopify.com (collectively, the “Service”). If you are entering into these Terms on behalf of a company or organization, you represent and warrant that you have the legal authority to bind any such organization or company to these Terms. You further represent and warrant that you are of legal age to enter into these Terms.
In some instances, both these Terms and separate terms elsewhere on the Service (e.g. Privacy Policy, Shipping Policy, order terms at time of checkout, etc.) will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control with respect to the specific service unless they expressly state otherwise.
By using the Service, you agree to these Terms, and acknowledge our collection, use and disclosure practices, and other activities as described in our Privacy Policy [https://theresnoaccountingfortaste.com/policies/privacy-policy]. Our Privacy Policy governs the processing of all personal data collected from you in connection with the Services. If you do not agree and acknowledge, discontinue use of the Service.
Service Use
Company Content
The Service contains: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, photographs, artwork information, pricing, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Company Content”). All right, title, and interest in and to the Service and the Company Content is the property of Company or our licensors or other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Limited License
Subject to your strict compliance with these Terms and any applicable Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Company Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device and/or print 1 copy of the Company Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Company Content, and (ii) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Company Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Setting Up An Account And Payment
Certain features of the Service, such as Artwork purchase, rental and delivery, may require you to register for an account (online or in writing or over the phone). When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
An application for an Artwork subscription or purchase may involve several steps, including: (i) providing certain personal details, such as your name, phone number, and address; (ii) answering several optional questions about yourself, such as your artwork budget and artwork preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as direct debit information for an account with a financial institution or a credit card for the purpose of future processing of any payments to us that you authorize, such as Artwork purchases and rental and delivery fees; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a credit check; (v) entering into a rental lease agreement with Company and agreeing to pay the applicable Artwork rental fee; and (vi) a brief phone interview with one of our team members.
Certain aspects of the Service, such as Artwork purchase, rental and delivery, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. You agree that you are responsible for all payments and taxes incurred by the use of the Services hereunder, including without limitation, renting or purchasing Artwork.
We use the Payment Processor to bill you through a payment account, such as a bank account or debit or credit card, that you provide (your “Billing Account”) for use of the Paid Services. You must provide current, complete and accurate information for your Billing Account. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as our Payment Processor and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your subscription. We may also require you to share such information directly with companies who work on our behalf, such as our Payment Processor and/or credit agencies, for the aforementioned purposes. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly, and in no event less than 5 calendar days thereafter, notify us or our Payment Processor if your Payment Method is canceled or if you become aware of a potential breach of security. Changes to such information can be changed by contacting our Payment Processor. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.
Restrictions
You may not use the Service unless you are at least eighteen (18) years old. You may not: (i) engage in any activity in connection with the Service or Company Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Company; (ii) harvest any information from the Service or Company Content; (iii) reverse engineer or modify the Service or Company Content; (iv) interfere with the proper operation of or any security measure used by the Service or Company Content; (v) engage in any activity in connection with the Service or Company Content that infringes any intellectual property or other right of any third party; (vi) use the Service or Company Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all laws and agreements that apply to your use of the Service and Company Content.
Availability
Company may suspend or terminate the availability of the Service and Company Content, in whole or in part, to any individual user or all users, for any reason, in Company’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Company Content.
Reservation Of Rights
All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Company Content or service for any purpose is prohibited.
Additionally, Company and its licensors and other third parties retain all copyrights in the Artwork, and neither your rental nor your purchase of Artwork will convey to you any copyrights in the Artwork. Upon your payment in full for the rental of Artwork for a rental term, Company grants to you the limited right to display the Artwork in a physical space during the rental term for which you paid. Upon your payment in full for the purchase of Artwork, Company grants to you the personal property right of ownership of the physical Artwork. All rights in and to the Artwork not expressly granted to you are reserved by Company and its licensors and other third parties. You may not reproduce an Artwork without the explicit written consent of the owner of the copyright to that Artwork.
Liability for Damage
You agree that you are solely responsible for any loss or damage to the Artwork beginning when the Artwork leaves Company’s possession and ending when the Artwork returns to Company’s possession. You hereby assume the entire risk of loss for theft, damage, destruction, or other injury to the Artwork from any and every cause whatsoever during that period. No such loss or damage shall impair any of your obligations under these Terms or any Additional Terms, which shall continue in full force and effect. In the event that there is damage to or loss of the Artwork (or any component thereof) during the period in which you are responsible for it, you must immediately pay (in addition to the rental payment) the purchase price of the Artwork immediately prior to such loss or damage.
Rental Terms
Artwork Rental
Under these Terms, you may rent or purchase Artwork from us. This “Rental Terms” section contains terms concerning your rental of Artwork. If you order from us a rental of Artwork, you hereby agree to rent from us the Artwork identified in the checkout process for that order and as consideration therefore, you agree to pay the rental fee(s) in the amounts and within the time frames set forth in the order. You agree that these Terms shall apply to all Artwork leased by us to you.
Duration of Rental
You agree that the term of rental for an Artwork will start on the date that Artwork is delivered to you and runs through the equivalent day of the calendar month which is either 3 or 12 calendar months thereafter, depending on the length of the rental you ordered (or, if that date is a weekend or federal holiday, the next business day thereafter). For example, if you order a 3-month rental of an Artwork which is delivered on February 7, then the last day of the rental term for that Artwork will be May 7 or, if May 7 is a Saturday, then the last day of the rental term is May 9.
Rental Term Extension
You and we may agree to extend the rental term for a particular piece of Artwork pursuant to terms we agree to in writing. We will attempt to contact you ahead of the end of your rental term in order to either: (i) enter into an extension of the rental term or (ii) begin working with you to return the art when your rental period for the art has ended. If we are unable to confirm either the extension or return with you least 7 calendar days prior to the end of the rental term for that piece of Artwork, then you will be deemed to have agreed to extend the term of your rental for an additional rental period equal to the number of calendar months of your initial rental period (3 or 12) at the then-current rental rate for that Artwork for that length of rental period. In the event that your rental period extends, you will, as of the date you agreed to the extension, owe us the fee for the extended rental term, and we may promptly charge your Billing Account for the continuing rental term in the amount respective to the extended rental period.
True Rental
You and we agree that we retain title to all rented Artwork at all times. Unless and until you purchase particular Artwork, you acquire no ownership or other interest in such Artwork other than your limited right as a renter of the Artwork to physically display the artwork during the rental term, subject to all the terms and conditions of these Terms and the Additional Terms.
Purchase
This “Purchase” section contains terms concerning your purchase (as opposed to rental) of Artwork.
Purchase
If you purchase (rather than rent) Artwork from us, you hereby agree to purchase the Artwork identified in the checkout process for that order and as consideration, you agree to pay the purchase price(s) in the amounts and within the time frames set forth in the order. You agree that these Terms shall apply to all Artwork sold by us to you.
Purchase Option
If you rented Artwork, provided that no Event of Default has occurred, you will have the ongoing option to purchase the Artwork pursuant to these Terms and the Additional Terms for the purchase price we set forth on our website encompassed within the Services. Any amounts you’ve paid towards the rental of Artwork will not, unless we separately agree otherwise in writing, act as a credit towards your purchase of Artwork. If you want to purchase a particular piece of Artwork you have rented and thereby ensure your rental term on that Artwork does not automatically renew, you must notify us of your intention to purchase that Artwork in writing at least 7 calendar days prior to the end of the rental term (including any renewal terms) for that piece of Artwork and fully pay us the purchase price for that Artwork. In the event that you fail to notify and pay us within that period, the Purchase Option shall expire and you will have no further right to purchase the Artwork under these Terms.
Return and Refund
Refund Requirements (General)
To be eligible for a full or partial refund for a cancellation of your order, the Artwork you rented or purchased from us must be in the same condition that you received it. You’ll also need to provide us with the receipt for the order covering that Artwork. Your order will not be eligible for any refund if you have breached any agreement between us.
Once we have received and inspected your return, and we will contact you to let you know if any refund was approved. If a refund is approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return and you have not received any refund communication, please contact us at jason@theresnoaccountingfortaste.com.
Refund Requirements (Rented Artwork)
If you notify us that you wish to cancel your order of rented Artwork prior to the end of your rental period, you may be eligible for a full or partial refund as described in this policy. The amount of your refund, if any, will be subject to the timeframe in which you notify us of the cancellation and provide us with all requirements set forth in this policy. Subject to the other terms of this policy, your order will be eligible for the following refund amounts based upon when you notify us of your wish to cancel the order and provide us with all other refund prerequisites:
- at least 15 calendar days prior to the rental start date: full refund;
- between 14 and 4 calendar days prior to the rental start date: 50% refund;
- between 3 calendar days prior to the rental start date and the end of the rental term: no refund.
To notify us that you wish to cancel your order of rented Artwork prior to the end of your rental period and return it, you must contact us at greg@theresnoaccountingfortaste.com.
Refund Requirements (Purchased Artwork)
If you notify us that you wish to cancel your order of purchased Artwork, you may be eligible for a refund as described in this policy. The amount of your refund, if any, will be subject to the timeframe in which you notify us of the cancellation and provide us with all requirements set forth in this policy. Subject to the other terms of this policy, your order will be eligible for a full refund if you notify us of your wish to cancel the order and provide us with all other refund prerequisites within 10 calendar days (inclusive) following the date of your purchase.
To notify us that you wish to cancel your order of purchased Artwork and return it, you must contact us at greg@theresnoaccountingfortaste.com.
Return Information
If you purchased Artwork from us, cancelled your order, and the Artwork you purchased from us is returned to us not in the same condition that you received it, we will not issue you any refund.
If you rented Artwork from us and the Artwork you rented from us is returned to us not in the same condition that you received it, you will immediately owe to us the full purchase price of the Artwork (in addition to any rental fees you have paid to us for the Artwork).
We will attempt to contact you ahead of the end of your rental term in order to begin working with you to return the Artwork when your rental period for the Artwork has ended. Upon reaching you, we will give you instructions concerning return of the Artwork; likely either we will pick up the Artwork or we will pay for you to ship the Artwork back to us via a method of our choosing.
If we instruct you to ship the Artwork back to us, we’ll send you a return shipping label, as well as instructions on how and where to send your package. If we notify you that we will pick up the Artwork, you must actively work with us to coordinate that pickup in a timely fashion. Items sent back to us without first requesting a return will not be accepted. We will notify you once we’ve received and inspected your return.
You can always contact us for any return question at jason@theresnoaccountingfortaste.com.
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / Non-returnable items
Please get in touch if you have questions or concerns about your specific item.
Exchanges
Generally, the fastest way to ensure you get what you want is to return the Artwork you have, and once the return is accepted, make a separate order for new Artwork. Please get in touch if you have questions or concerns about this.
Customer Support
If you have any questions or comments, please send an e-mail to us at jason@theresnoaccountingfortaste.com. You acknowledge that the provision of support is at Company’s sole discretion consistent with its customer service policies and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: 893 Cedar Street, Lake Oswego, OR 97034. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Consent
You acknowledge that all you, and not Company, are entirely responsible for all information, reviews, data, text, photographs, graphics, video, messages, tags and/or other materials (collectively, “User Content”) that you upload, post, e-mail, transmit or otherwise make available (“make available”) through the Service.
You acknowledge that Company has no obligation to pre-screen User Content, although Company reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content. In the event that Company pre-screens, refuses or removes any User Content, you acknowledge that Company will do so for Company’s benefit, not yours. Without limiting the foregoing, Company shall have the right to remove any User Content that violates the Terms or is otherwise objectionable.
You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Content (in whole or in part) for any purpose, commencing on the date you made such User Content available, including promoting and marketing Company and the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content that, in Company’s sole discretion: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company; or (vi) requires Company to obtain any license from or make any payments in any amount to any third party throughout the world.
Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Company’s business.
Third Party Services
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.
Communication
You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us herewith the word unsubscribe in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
Disclaimer Of Representations And Warranties
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY AGAINST INTERFERENCE; OR (d) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Default
Each of the following events is an "Event of Default" under these Terms: (a) you fail to pay any rent or any other amount under these Terms or any Additional Terms when due; (b) you default in the observance or performance of any other term, covenant, or condition of these Terms or any Additional Terms; (c) your interest or any portion thereof in these Terms or any Additional Terms passes to any other party, whether by operation of law or otherwise; (d) you: (i) become insolvent, (ii) are generally unable to pay, or fail to pay, your debts as they become due, (iii) file, or have filed against you, a petition for voluntary or involuntary bankruptcy, (iv) make or seek to make a general assignment for the benefit of your creditors, or (v) apply for, or consent to, the appointment of a trustee, receiver, or custodian for a substantial part of your property or business; (d) sell, transfer, or dispose of all or substantially all of your assets or the property of your business (if applicable), or, if you are a legal entity, merge or consolidate with any other entity; or (e) any representation contained in these Terms or any Additional Terms is untrue as and when made.
If an Event of Default occurs, we may, in our sole discretion, exercise one or more of the following remedies: (a) declare you in default of these Terms; (b) take possession of any Artwork in your possession which you haven’t purchased and paid for in full, wherever it may be located, without demand or notice, without any court order or other process of law, and without liability to us for any damages occasioned by such action; (c) require you to deliver any Artwork in your possession which you haven’t purchased and paid for in full in the condition required under these Terms or any Additional Terms to a location designated by us and, for each calendar day that you fails to return any such Artwork, we may demand an amount equal to the rent for such Artwork, prorated on the basis of a 30-day month, in effect immediately prior to such Event of Default; (d) proceed by legal action to enforce your performance of these Terms or any Additional Terms and/or to recover all damages and expenses incurred by us by reason of any Event of Default; and (e) exercise any other right or remedy available to us at law, in equity, by statute, in any other agreement between you and us, or otherwise.
Limitations Of Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR ANY ADDITIONAL TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL THE COMPANY PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ADDITIONAL TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO COMPANY PURSUANT TO THESE TERMS AND ANY ADDITIONAL TERMS FOR THE PARTICULAR ARTWORK WITH WHICH THE CLAIM IS CONCERNED IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Assignment
You do not have the right to assign any Artwork leased from Company, including subleasing, selling, pledging or alienating in any other way or using as a security the artwork.
Liability
You agree to provide reasonable care while any Artwork or other products are in your possession during the lease period and immediately after delivery and before pickup. You understand you are responsible for any loss, damage or copyright infringement to any Artwork in your possession. In the case of any loss, damage or infringement to the Artwork during the lease period, you are responsible to pay Company the full value of the Artwork as listed on the Services. Company shall not be held liable for any loss or damage to the Artwork, nor for any copyright infringement related to you. In any event, you waive any right you may have against Company in relation to loss or damage to the Artwork, or in relation to any copyright infringement related to you.
Indemnification
You agree to defend, indemnify and hold harmless the Company parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a third party service; or (vii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
Updates To Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. We may also ask you to affirmatively consent to any material changes in the Terms. All such changes are effective with your continued use of the Service. If you object to any such changes, your sole recourse is to cease using the Service.
Governing Law and Jurisdiction
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.
Dispute Resolution and Binding Arbitration
YOU AND THERE'S NO ACCOUNTING FOR TASTE, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section of the Terms (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration fees if you are an individual consumer and you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THERE'S NO ACCOUNTING FOR TASTE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
General Provisions
Survival
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on service use (except for the limited license), unsolicited submissions, copyright infringement, subscriptions and products, customer support, Third Party Services, service features, agreement to arbitrate disputes and choice of law, disclaimer of representations and warranties, limitations of our liability, indemnification, waiver of injunctive or other equitable relief, updates to Terms, and general provisions, will survive any termination thereof.
Severability; Interpretation; Assignment
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
Complete Agreement; No Waiver
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.