Last updated: July 1, 2023
Welcome to the SciArt Graphix store. Here we present the Terms of Service ("Terms and Conditions", "Terms") governing your access to and use of www.sciartgraphix.com (also accessed as sciartgraphix.com, "Website", "Site", "Store") and any other websites or applications on which we present these Terms (together with any content, services provided on those sites and applications provided by SciArt Graphix, LLC, "SciArt Graphix Platform"). These Terms include other Additional Policies. To view our Additional Policies, please visit this link [Policies].
The websites, stores and applications that are part of the SciArt Graphix Platform ("Our Platform") are owned and operated by SciArt Graphix, LLC ("SciArt Graphix") and are managed by SciArt Graphix or SciArt Graphix's designated representatives.
As part of the SciArt Graphix Platform, this Store (sciartgraphix.com) is operated by SciArt Graphix. Throughout the Store, the terms "we", "us", and "our" refer to SciArt Graphix. We offer this Store, including all information and services available in this Store to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices set forth herein.
By visiting our Store and/or purchasing something from us, you actively participate in Our Platform ("Service") and agree to abide by all of our Terms, including the Terms, Conditions and Additional Policies available by hyperlink. Please note that these Terms apply to all users of the Store, including but not limited to users who are browsers, suppliers, customers, merchants and/or content contributors.
You should note that any new features, services or tools added at any time to the current Store or Our Platform will also be subject to the Terms described herein. You can always check the most current version of our Terms, at any time on this page.
We reserve the right, at our sole discretion, to change, add or remove portions of these Terms at any time. You should note that these changes will be effective at the time they are posted on the Store. We will notify you of any changes by updating the "Last Updated" date on these Terms. That said, your continued use of our Service after changes to our Terms are posted will mean that you accept those changes.
Our Store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. What we refer to in these Terms as Our Platform corresponds to all Services under our responsibility that do not conflict with Shopify Inc.'s Terms.
We urge you to carefully read the Terms described in this document.
BY USING THIS SITE OR OUR STORE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
Section 1 - Terms of Service of our Online Store
Please note that by agreeing to these Terms, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Site. We may at any time ask you for written proof of such consent. Minors in your state or province of residence may not use our Service in any way without the consent of their guardians.
Please note that you may not use our Store, Our Platform, the Service or our Products for any illegal or unauthorized purpose, nor may you, by using Our Platform, violate any laws in your jurisdiction (including, without limitation, copyright laws) . You must not transmit any worms or viruses or any code of a destructive nature on or through our Site and Our Platform.
Failure to comply with any of the Terms described herein will result in immediate termination of the Services to you on Our Platform and, if applicable, appropriate legal action.
Section 2 - Terms and Conditions
We reserve, in our sole discretion, the right to refuse Service to any person or entity for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the Store through which the Service is provided, without our express written permission.
You should be aware and understand that when using Our Platform, your content (not including credit card information, sensitive information from other means of payment and passwords) may be transferred unencrypted, which means:
- that transmissions will be made over various data networks;
- and that modifications will be made to the data without affecting its veracity, in order to adjust and adapt it to the technical requirements of the networks or connection devices.
Credit card information, sensitive information from other means of payment and passwords will be encrypted during data transfer over the networks.
Section 3 - Platform Content
On Our Platform, all elements, including but not limited to content and general design, are protected by copyright, trade dress, trademark, moral rights and other laws relating to intellectual property rights. Except for content that has been generated or provided by the user of Our Platform, all content displayed on Our Platform, including but not limited to images, videos, photographs, graphics, text, sound and illustrations ("Content"), is the property of SciArt Graphix, its affiliates, vendors, licensors, agents and/or its suppliers.
Unless explicitly stated otherwise in any area of Our Platform, you are always authorized to view, reproduce, print and download Content found on Our Platform solely for personal, informational and non-commercial purposes.
Unless authorized by Us, You may not modify any of the Content and materials in the Store or Our Platform in any way, nor may You copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or Content from Our Platform. Our Platform may only be used for the purposes for which it is made available.
Except as authorized by copyright law, you are responsible for obtaining any necessary permissions before reusing any copyrighted material available on Our Platform.
Our Platform, its Content and all rights related to Our Platform shall remain the property of SciArt Graphix or its licensors, unless otherwise expressly agreed. You agree not to remove any copyright, trademark or other proprietary notices from material found on Our Platform.
For the purposes of these Terms, the use of materials from Our Platform on any other website, app, or online or offline application without explicit authorization is prohibited. You must always comply with all applicable national and international laws, ordinances, statutes and regulations in connection with your use of Our Platform.
Section 4 - User Generated Content
All information (comments, feedback, questions, questions, suggestions, links, etc.), images, photographs, pictures, illustrations, graphics, videos, audios and other materials that you, as a user of our Store or Our Platform, post, display, transmit, upload or otherwise make available through Our Platform ("User Generated Content") is the sole responsibility of you, the user. This means that you (and not SciArt Graphix) are responsible for the User Generated Content that you post, display, transmit, upload or otherwise make available through Our Platform.
We are not responsible for and will not endorse your Content (User Generated Content) unless explicitly stated otherwise in any document or communication, so you should not suggest in any way that SciArt Graphix endorses your Content. We will not be liable for any damage or loss caused by any User Generated Content or its use.
We do not control the User Generated Content, so we do not guarantee the accuracy, integrity or quality of any User Generated Content. Any Content that does not conform to the Terms described herein will be removed from Our Platform.
However, despite our efforts to maintain Our Platform with the best Content for users, it is important for you to understand that by using Our Platform, you may be exposed to Content that you find offensive, indecent, objectionable, inaccurate or misleading, and by using Our Platform, you assume all associated risks.
In connection with User Generated Content, by posting, displaying, transmitting, uploading or otherwise making available User Generated Content through Our Platform, you agree:
- that you own all rights in such User Generated Content;
- that you grant SciArt Graphix the right to use your User Generated Content subject to these Terms:
- your User Generated Content does not violate these Terms;
- that you comply with the Terms, as they relate to your age;
- you waive any "moral rights" you may have in such User Generated Content;
- your User Generated Content is accurate;
- your User Generated Content does not result in a breach of any agreement to which you are currently bound or to which you may become bound in the future;
- your User Generated Content does not cause injury to any person or entity;
- your User Generated Content does not and will not violate any applicable law.
Without contradicting the foregoing, all User Generated Content shall always remain the intellectual property of the individual user. By posting, displaying, transmitting, uploading or otherwise making User Generated Content available through Our Platform, you will grant SciArt Graphix a non-exclusive, perpetual, royalty-free, irrevocable, worldwide, fully sublicensable right to use, publish, reproduce, translate, modify, adapt, create derivative works from, distribute, perform and display such User Generated Content, in whole or in part, throughout the world in any form, media, or technology, whether now known or later developed.
We may use all User Generated Content that you post, display, transmit, upload or otherwise make available through Our Platform in accordance with Our Privacy Policy. We reserve the right at all times to modify, remove or refuse to post any User Generated Content on Our Platform in Our sole discretion.
Section 5 - Products and Features
All Content, product specifications, product pricing and Services described or depicted on Our Platform may be subject to change at any time without notice.
We will use reasonable efforts to display as accurately as possible the attributes of the products displayed on Our Platform, including the colors applicable to each product; however, the actual color you will see will depend on your device for accessing Our Platform; that said, we cannot guarantee that your device will display the colors as accurately as possible.
In relation to attributes, certain measurements, weights and descriptions of similar products are approximate and are only displayed to provide a better experience for the end user, in this case you or anyone purchasing a product on Our Platform.
There is no guarantee that products or Services on Our Platform will be available at any time, and products may be out of stock or Services may not be operational.
You should be aware that it is your responsibility to verify and comply with all applicable local, state, federal and international laws (including minimum age requirements) in connection with the possession, use and sale of any item ("Product", "Products") purchased on Our Platform. If you place an order and/or purchase a Product on Our Platform, you represent that you will use the Products only in a lawful manner.
Section 6 - Accuracy of Information
We work to ensure that the information on Our Platform is complete, up to date and as accurate as possible with the sources available to us. However, despite all efforts made by us, information on Our Platform may occasionally be inaccurate, incomplete or out of date. Unless prohibited by the laws of legislation applicable to SciArt Graphix, we cannot guarantee the complete integrity of the data displayed on Our Platform, nor can we guarantee the strict accuracy of the information on the Products or the currency of all information on Our Platform.
Please note that We may make changes to pricing and availability information about Products without prior notice. In order not to affect the customer or end user of Our Platform, basis for tracking orders by email or other means of communication will be established according to the options provided to the end user; please note that receipt of an order confirmation via email or other means of communication does not constitute acceptance by us of such order or our confirmation of an offer to sell a Product or Service.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time without notice (including after you have submitted your order). We undertake to notify all customers who may be affected by any changes to Our Platform if they have purchased any Products affected by such changes from Our Store.
We reserve the right, without prior notice, to limit the number of orders for any Product on Our Platform and reserve the right to refuse Service to any customer. We may also ask you to verify the information you provide on Our Platform before accepting and/or submitting any order.
Section 7 - Products or Services
Certain Products or Services may be available exclusively online through the Store or Our Platform. These Products or Services may have limited quantities and are subject to return or exchange only in accordance with our Returns and Refund Policy. To review our Returns and Refund Policy, please visit this link [Returns and Refund Policy].
We reserve the right, but are not obligated, to limit sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any of the Products or Services we offer. All Product descriptions or Product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any Product at any time. Any offer for any Product or Service made in the Store or on Our Platform is void where prohibited. Despite our best efforts, we do not guarantee that the quality of Products, Services, information or other material purchased or obtained by you on Our Platform will meet your expectations.
Section 8 - Changes in Service and Prices
The prices of Our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Section 9 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide the information necessary to make the purchase and you agree to provide the necessary information from your current account accurately and completely for any and all purchases made on our Store or Our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more information, you may refer to our Return and Refund Policy and our Shipping Policy at the following links [Return and Refund Policy, Shipping Policy].
Section 10 - Disclaimer of Liability
Except as prohibited by law applicable to SciArt Graphix, SciArt Graphix disclaims all warranties of any kind, whether express or implied, including implied warranties with respect to the Products and Services on or through Our Platform. Without limiting the generality of the foregoing, SciArt Graphix expressly disclaims all liability for Product defects or failures, Product misuse, Product modification, abuse, improper Product selection, claims due to normal wear and tear, non-compliance with any code or misappropriation, except as prohibited by law applicable to SciArt Graphix.
SciArt Graphix makes no warranties to those defined as "consumers" in the Magnuson-Moss Warranty Act.
Except as prohibited by law applicable to SciArt Graphix, all Content and all Services provided on or through our Store and Our Platform are provided "as is," without warranties of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Except as prohibited by law applicable to SciArt Graphix, no warranty is made that the functions contained in Our Platform will be error-free, malfunction or operate uninterrupted.
Section 11 - Shipping Limitations
When an order is placed on Our Store or Our Platform, Products will be shipped to the address designated by Buyer provided that such shipping address complies with the shipping restrictions contained on Our Platform. All purchases on Our Platform are made pursuant to a shipment contract. Accordingly, risk of loss and title for Products purchased on Our Platform pass to you upon delivery of the Products to the carrier. It shall be your responsibility to file any claim with the carrier for any lost shipment if the carrier's tracking system indicates that Products purchased on Our Platform were delivered to the carrier. In such case, We are not obligated to make any refund or reship the Products again. If the carrier's tracking indicates that a Product has been lost in transit, you may submit a written claim to contact@sciartgraphix.com. All such claims are subject to SciArt Graphix's sole investigation and discretion. For Products lost in transit, all claims must be submitted no later than 30 days from the estimated date of delivery. Claims deemed to be an error on our part will be at our expense. If you provide an address that the courier considers insufficient for delivery of the Products, the shipment will be returned to its origin. In such a case, you will be responsible for the cost of reshipment once an updated address (if applicable) has been confirmed.
We cannot guarantee delivery to PO Boxes. In addition, please note that there are some regions to which we do not ship, which will prevent the sale of certain or all Products in these regions. We reserve the right to change the regions to which we ship without notice and without affecting orders placed prior to such change.
Section 12 - Fees
We will bill your credit card or the alternative payment method you have offered to us for all charges for Products and Services sold on our Store or Our Platform. Please note that all applicable surcharges to your order associated with Seasons will be included in the total billing for your order and these surcharges are non-refundable.
In the event SciArt Graphix must take legal action to collect balances due to you, you agree to reimburse SciArt Graphix for all expenses incurred to recover amounts due, including attorneys' fees and other legal expenses.
Section 13 - Third Party Links
Certain Content, Products and Services available through our Store and Our Platform may include materials from third parties.
Third party links on Our Platform may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products or Services of third parties.
We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. It is important that you carefully review the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third party products should be directed to such third parties.
Section 14 - Account Security
You are solely responsible for maintaining the security and confidentiality of your password and account. You should also be aware that you are responsible for the activities that occur under your account. That said, you agree to notify SciArt Graphix immediately if you become aware of any unauthorized use of your account or any breach of security of which you become aware. Ultimately, you are responsible for taking appropriate security measures and precautions when making use of our Store and Our Platform.
Section 15 - Personal Information and Privacy
All personal information managed through Our Platform is governed by Our Privacy Policy. In addition, your use of Our Platform is subject to Our Privacy Policy. To view our Privacy Policy, please see the following link [Privacy Policy].
Section 16 - Opinions, Comments and Other User Contributions
We may, but have no obligation, unless required by law, to monitor, edit or remove User Generated Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, defamatory, obscene or otherwise objectionable or that violates any intellectual property portion of these Terms.
You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain any unlawful, defamatory, abusive, obscene material, computer viruses or other malicious programs that may in any way affect the operation of the Site, the Service or Our Platform. You may not use a false e-mail address, impersonate anyone other than yourself, or otherwise mislead Us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their truthfulness. We assume no responsibility for any comments posted by you or any third party.
Section 17 - Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using our Store, Our Platform or its Content for:
- any unlawful purpose;
- solicit others to perform or participate in any unlawful act;
- violate any local, international, federal, provincial or state regulation, rule, law or ordinance;
- infringe or violate our intellectual property rights or the intellectual property rights of others;
- interfere with or circumvent the security functions of the Service, Our Platform or any related website, other websites or the Internet;
- insult, harm, defame, libel, slander, disparage, intimidate, harass, abuse or discriminate on the basis of gender, religion, ethnicity, race, age, sexual orientation, national origin or disability;
- any obscene or immoral purpose;
- send false or misleading information;
- upload or transmit viruses or any other malicious code that affects or may affect in any way the functionality or operation of the Service or any related website, other websites or the Internet;
- collect or track the personal information of others;
- create spam, phishing, pharm, pretext, spider, crawl or scrape.
We reserve the right to terminate your use of the Service or Our Platform for violating any of the prohibited uses.
Section 18 - Disclaimer of Warranties and Limitation of Liability
We do not warrant that use of our Service and Our Platform will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service and Our Platform will be strictly accurate or strictly reliable. You expressly agree that your use of or inability to use our Service or Our Platform is at your own risk. You agree that, from time to time, We may remove Our Service or Our Platform for indefinite periods of time or terminate it at any time, without notice.
The Service and all Products and Services delivered to you through our Store and Our Platform are provided (unless we expressly state otherwise) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall SciArt Graphix, our employees, if any, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of our Service or any Product obtained through our Store or Our Platform, or for any other claim related in any way to your use of our Service or any Product, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of our Service or any Content (or Product) posted, transmitted or made available through our Service or Our Platform, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 19 - Indemnification
You agree to indemnify, defend and hold harmless SciArt Graphix and our partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, if any, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents incorporated by reference (all Additional Policies), or arising from your violation of any law or the rights of a third-party.
Section 20 - Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms, such determination shall not affect the validity and enforceability of the other remaining provisions of our Terms.
Section 21 - Termination
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms will be effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services and Our Platform, or when you stop using Our Platform.
If, in our judgment, you breach, or we suspect that you have breached, any Term or provision of these Terms, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or, accordingly, we may deny you access to our Services and Our Platform (or any part thereof).
Section 22 - Release
If you have any dispute with any user of Our Platform, you release SciArt Graphix (and its directors, agents, contractors, licensors, service providers, subcontractors, suppliers, suppliers, interns and employees, if any) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
Section 23 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any Policies or operating rules posted by us on our Store or Our Platform, or with respect to our Service or Our Platform, constitute the entire agreement and understanding between you and us, and govern your use of our Service and Our Platform, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms).
Any ambiguity in the interpretation of these Terms shall not be construed against the party that drafted them.
Section 24 - Applicable Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.
Section 25 - Changes to Terms of Service
You can view the most recent version of our Terms at any time on this page. You should note that any changes to our Terms will be effective at the time they are posted on the Store or Our Platform. We will notify you of any changes by updating the "Last Updated" date on these Terms.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site and Our Platform. It is your responsibility to periodically check Our Site and Our Platform for changes. Your continued use of or access to our Store or Our Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
Contact Information
Questions about our Terms should be sent to contact@sciartgraphix.com. Our contact details are:
Trade name: SciArt Graphix
Email: contact@sciartgraphix.com