Last Updated: April 15, 2019
OVS U.K (“OVS U.K” or “we” or “us” or “our”) has created a platform which brings artists and customers together. We provide a range of services, websites and mobile applications (collectively, the “Services”) which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products through the Services and receive the benefits of the Services. The platform enables artists to earn money from their artwork by making it available for sale to customers on a variety of products.
The language you see in bold italics is our attempt to translate the legal-speak in the Terms into something that is more digestible. Please note that we added this section to supplement, NOT REPLACE, the actual Terms. All legal questions should refer to the actual text of the Terms.
THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF ARBITRATION, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY PRIVATE DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 16 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
ARTWORK, CONTENT, AND THIRD PARTY RIGHTS
Artwork and Content License
As between you and OVS U.K, you own all and retain all rights in your artwork and content. You hereby grant us, our international websites, third party affiliates, wholesale partners, and our third-party retailers a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the Services.
Contact us if you do not wish to have your artwork displayed and sold on products through our international websites, third-party affiliates, wholesale partners, or third-party retailers. If you remove your artwork, we, our affiliates, wholesale partners, and our third-party retailers will have ninety (90) days to delete your artwork from the Services. We, our affiliates, wholesale partners, and third-party retailers will have the right to sell any products bearing your artwork during such ninety (90) day period.
YOU, AND NOT OVS U.K, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK. You represent and warrant that:
- you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services, to manufacture, distribute and sell products that include your artwork and to grant us the rights granted to it in these Terms;
- your artwork and content and the manufacture, distribution, and sale of products that include your artwork does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
- your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- your artwork and content are accurate, not misleading or deceptive, and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.
We don’t prescreen artwork and, because of that, you acknowledge the possibility of seeing something you may potentially consider offensive.
You understand that the Services contain artwork and content submitted by artists that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Services.
We generally do not prescreen artwork or content, and we are not responsible for examining or evaluating artwork or content, although we reserve the right to do so. You further understand and acknowledge that you may be exposed to artwork or content that you may find to be offensive, indecent, or objectionable.
We are not responsible for websites linked to or from the Services.
The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.
Copyright and Trademark Policy
We are about empowering artists to create and providing those artists with a safe place to sell their artwork. In order to achieve this, we only want original artwork uploaded to our site. Uploading or copying someone else’s artwork, photographs, trademarks (logos, characters, or names), or likeness (celebrities or anyone else) is unethical, illegal, inexcusable, and NOT COOL. Please respect our Copyright and Trademark Policy and respect other artists’ intellectual property.
You agree to abide by our Copyright and Trademark Policy, which is incorporated herein by reference, including the procedures to report infringements of copyrights, trademarks, or other intellectual property rights.
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING ARTWORK FOR SALE THROUGH THE SERVICES.
It is our policy, in appropriate circumstances and in our sole discretion, to (i) remove individual artworks, tags, titles, or descriptions and; (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. In addition to all other remedies available to us, we will not pay you any Artist Share if you are found to be in violation of our Copyright and Trademark Policy.
BUYING AND SELLING PRODUCTS
If you buy something, we kindly require you to pay for it. In order to send these items to you, we will ask for some personal payment and shipping information—we have to because you’re going to want the thing you just bought, right? In rare cases, something may not be available and we will inform you of that promptly.
All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.
Generally, use of the Services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact our team.
If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third-party provider, by the third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT TO PURCHASE ANY PRODUCT AND/OR SERVICE.
Taxes and Shipping
Applicable taxes will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges will be shown during the checkout process prior to finalizing your order. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.
Errors, Inaccuracies, and Omissions
On rare occasions, you might find that the product you receive does not match what you saw online. If that occurs, let us know.
We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.
Return, Exchange and Refund Policies
As much as we’d like to, we can’t always guarantee your happiness with a product. To address this, we have a return policy.
We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction.
We pay artists for products sold with their original artwork—that’s basically the key point of our business. However, if you violate these Terms or any of our policies, and your account is suspended, you will not receive any pending payments.
For every product that is sold with your artwork printed on it, we will pay you (“Artist Share”), based on the schedule set forth here. For sales of products on OVS U.K.com and its international websites, you will be paid on a monthly basis, generally within thirty (30) days of the end of a month. For sales of products through our third party affiliates, wholesale partners or third party retailers, you will be paid within thirty (30) days of the end of each calendar quarter. Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. You are responsible for paying all applicable taxes associated with your receipt of Artist Share. Please see our Seller’s Guide for more information.
IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST SHARE. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST SHARE PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.
If you believe that any Artist Share has been erroneously withheld from you or that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.
You can’t sell artwork on the Services without creating an account. Please do so accurately and responsibly.
Registration and Account Information
In order for you to include your artwork on products sold through the Services, you must create an account. When creating an account, you must provide accurate, complete and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times. We may from time to time require you to provide additional information confirming your identity, including government identification, payment information, and tax identification and/or withholding forms. You may not create more than one (1) account without our prior written approval and only if you have a good reason.
You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.
You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.
Disclosure of Account Information
Under certain circumstances, we may disclose your account information.
You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.
Termination of Account
We don’t like to say it but—we or you can terminate our relationship at any time. We will terminate your account if you violate these Terms or our policies. (We’re desperately trying not to make a Terminator reference. Our lawyers say it’s not advisable.)
- We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.
- You may terminate these Terms at any time by terminating your use of the Services.
- On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Services or your account.
Upon termination we will suspend your account and remove your artwork, if any, from the Services within ninety (90) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business and legal purposes. Unless your account has been terminated for a breach of these Terms or any of our policies, as determined by us in our reasonable discretion, you will be paid, in the ordinary course, any Artist Share owed to you through the termination of your account.
If you believe that your account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.
GRANT OF RIGHTS AND USER CONDUCT
Artists and Customers both have certain rights when using Services. Obvious, perhaps, but still needs to be said. The general idea is to use common sense and don’t be mean or harass others.
Grant of Rights
As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.
Note on Adult Content: We like to think we have an artistic sensibility and view the human form as an entirely acceptable source of creative inspiration. However, all images containing nudity should be marked as mature when uploaded. We reserve the right to not permit any content that violates our Terms and policies, or for any reason at all. Please use your best judgement.
You agree to abide by these Terms and our policies while using the Services and interacting with other users. OVS U.K is founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:
- Transfer your account or account information to another party without our prior written consent;
- Create deceptive accounts or more than one (1) account without our prior written approval;
- Post artwork, titles, tags, descriptions, or other content that is pornographic, obscene, offensive, profane, or depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. Click here for our Community Guidelines;
- Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any OVS U.K copyrights or trademarks;
- Frame, mirror, or otherwise simulate the appearance or function of the Services or any other user’s artwork or content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any artwork or content transmitted through the Services;
- Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
- Interfere with another user’s artwork or content;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any artwork or content other than your own artwork or content;
- Upload, post, email, transmit or otherwise make available any artwork or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights. Please see our Copyright and Trademark Policy for further details.
- Post artwork or content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;
- Stalk, harass or harm another person via use of the Services;
- Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
- Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, 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;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
- Bypass any measures we may use to prevent or restrict access to the Services; or
- Circumvent or manipulate our payment process or Artist Share.
MOBILE APP AND SERVICES
You may use our Mobile App to access the Services.
Subject to your compliance with these Terms and our policies, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of our mobile app (“Mobile App”) on a mobile device that you own or control and to run a copy of the Mobile App solely to access the Services for your own personal purposes.
The Apple and Android App Stores are not responsible for the Mobile App.
You acknowledge and agree that the availability of the Mobile App is dependent on the third party from whom you received the Mobile App license, e.g., the Apple or Android app stores (“App Store”). The following applies to any Mobile App accessed through or downloaded from an App Store (an “App Store Sourced Application”):
- You acknowledge and agree that: (i) these Terms are concluded between you and us only, and not the App Store; and (ii) we, not the App Store, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store’s terms of service.
- You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- You and we acknowledge that, as between us and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and the App Store, we, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim to the extent required by these Terms and our policies.
- You and we acknowledge and agree that the App Store, and the App Store’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and conditions of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
In addition, for any Mobile App accessed through or downloaded from the Apple App Store, you will only use the Apple App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store’s Terms of Service.
Your wireless carrier’s standard charges, data rates and other fees may apply with respect to your use of the Services or Mobile App.
If you access the Services or Mobile App through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the Services or Mobile App may be prohibited or restricted by your carrier, and the Services and Mobile App may not work with all carriers or devices.
Notifications and Messages
By using the Mobile App, you agree to receive messages from us by email, notifications, or other electronic means.
By using the Mobile App, you agree that we may communicate with you by email, notifications, or other electronic means to your mobile device for the purpose of providing the Services and that certain information about your usage of the Services may be communicated to us. If you change or deactivate your mobile phone number, you agree to promptly update your account information.
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction
These Terms are governed by California law and you agree to resolve any disputes in Los Angeles County, California (except as set forth below).
These Terms will be governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at email@example.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Mutual Agreement to Arbitrate
PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, LOCAL, OR OTHER COURT OR AGENCY, WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS AND THIS AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OR THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Los Angeles County, California. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
For users in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
For users outside of the United States, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures. The ICDR’s rules are available at https://www.icdr.org.
If you are from the European Union (“EU”) and purchased products, the EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in-person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration, and arbitrator fees for claims totaling less than USD $10,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel, or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to firstname.lastname@example.org. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this CLASS ACTION WAIVER still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge or Jury
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions
You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Society Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If you thought the previous sections were a bit dense, just wait until this section. But our lawyers say we must include it, so here it is.
Waivers and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, ARTWORK, CONTENT, ACTIONS, OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE SERVICES WILL BE ERROR-FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.
You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, liabilities, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, ARTWORK, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the Services.
Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you live in a country in which we have a local website, the terms and conditions of such a local website will govern your use of the Services and will supersede these Terms even if you are visiting or making a purchase on OVSUK.NET.
We will be excused from performance under these Terms, to the extent, it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.
These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms.