Website Terms & Conditions of Use
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any product, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website to users, including registered users.
You are responsible for both:
- – Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
Except for an Artist’s artwork and audio and video files related to an Artist’s artwork uploaded to the Website (“User Content”), the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- – Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- – You may store files that are automatically cached by your Web browser for display enhancement purposes.
- – You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- – If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- – If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- – Modify copies of any materials from the Website.
- – Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- – Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Website is only authorized to be used as follows:
- – You may access, print, and download the materials posted on the Website, including both text and graphics, solely for your personal, private, non-commercial, and lawful use.
You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Representations, Warranties, and Covenants
By using the Website, you represent and warrant that you will only use the Website in accordance with the authorized uses above and specifically make the following representations, warranties, and covenants:
You are not impersonating any other person or entity on the Website and any information you provide to us shall be true, complete, current, and accurate including, but not limited to, email addresses, names, addresses, payment information and any other information provided on the Website. You acknowledge that you are solely responsible for keeping such information current.
Your use of any online login credentials or online order codes is done with permission of the person controlling such account or the rights of such artwork subject thereto.
You understand that we are not liable or responsible for artwork submitted by you that depicts the last name of the Artist or otherwise and you are responsible for any redactions related thereto.
You acknowledge and agree that we reserve the right to refuse any artwork that is submitted for display on the Website for any reason and in our sole discretion.
By providing your personal information to us when you set up your account or otherwise, you grant us permission to contact you at the email address associated with your account. To stop receiving certain emails, you may follow the opt-out procedures in such emails.
Except for User Content, you will not copy, modify, publish, or distribute any text, graphics or other material or content from the Website without prior written permission from the Company.
You will not upload, post, transmit, email, or otherwise distribute any material or artwork that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable. Without limiting the foregoing, you will not submit artwork that is unsuitable for viewing by children, including without limitation, artwork that is sexually explicit or that depicts nudity or violence.
You will not upload, post, transmit, email or otherwise distribute any material or artwork that invades another party’s privacy or publicity rights, or that infringes on any party’s trademark, copyright, other intellectual property or moral rights, or any other third-party rights, including, without limitation, company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties, and you will not take any actions in an effort to disguise the origin of any content transmitted to us.
You will not use the Website or our services in an effort or manner that may or will harm minors or other people in any way. Without limiting the foregoing, you specifically covenant and agree that you will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.
You will not advertise or solicit on the pages of the Website without our prior written permission.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any artwork or other uploaded materials for any or no reason in our sole discretion.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may remove artwork, lesson plans, or any other material from the Website at any time without notice. We also reserve the right to terminate user privileges in appropriate circumstances, including without limitation, by terminating the user privileges of users of the Website who are the subject of repeated copyright claims. If you have any reason to believe that your rights under any laws are being violated, please promptly notify us in writing so that we can help identify any possible issues. To help us reach a quick resolution, please send us (i) a signature from the person who thinks their (or their Artist’s) rights are being violated, (ii) a description of the claimed violation, (iii) information that will direct us to evidence of such claimed violation, (iv) contact information so that we can correspond with you on the matter, (v) a statement that such claims are being made in good faith, and (vi) a statement that any information submitted is accurate and from an authorized person. Please send the above information to us at CS@Originalworks.com.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE COMPANY, YOUR OR ANYONE’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY SHALL BE TO TERMINATE YOUR ACCOUNT OR DISCONTINUE USE OF THE WEBSITE. WITHOUT NEGATING OR LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Product Orders and Replacement Policy
We offer users a service to reproduce Artist’s artwork on gift merchandise such as ornaments, mugs, magnets, ceramic tiles, and many other keepsake products as shown on the Products Page.
You hereby covenant and agree that when ordering merchandise, you shall not make any misrepresentations. We take the protection of Artists very seriously. If you make a misrepresentation as to your identity or relationship with an Artist, you may be prohibited from further use of the Website and may also be subject to criminal and/or civil liability.
Each item you order is custom produced. Once an order is confirmed and submitted, an order may not be cancelled. If, for any reason, you are dissatisfied with a merchandise purchase, we will replace the item(s) free of charge, subject to the following conditions and restrictions:
- – If you receive a gift item that depicts the wrong piece of artwork that is due to the Company’s fault or that is broken or otherwise defective, excepting ordinary wear and tear, improper usage, or other causes not within our control, we will replace the item free of charge if notified of the problem within 90 days after delivery of the merchandise to you. To provide notification under this section, you must email us at email@example.com and include the following information: your name and mailing address, the order number, and the reason for the requested product replacement.
- – Sometimes artwork submitted to us may not be compliant with our Art Guidelines. If this occurs, the reproduction of such artwork may contain faults on merchandise. Therefore, before making an order, you must ensure that such artwork is of adequate image quality as set forth in the Art Guidelines. We will not accept the return of any merchandise that is a faithful reproduction of the artwork image submitted.
- – You are responsible for ensuring that you properly identify and select your desired artwork. We may refuse returns of merchandise if you order merchandise depicting wrong artwork.
- – You are responsible for ensuring that you have selected your desired product(s). We may refuse returns due to an incorrect product selection.
- – Except for our Gallery Direct Program, orders placed during a school’s program are consolidated and shipped directly to the school address. Orders placed through our Gallery Direct Program, or as individual orders not associated with a school, will be shipped to the address specified in the order and shipping and handling will apply.
To register a school with us, a School Coordinator must be duly authorized to make such a registration. Each School Coordinator who registers a school with us acknowledges and agrees that (i) they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators, (ii) any information provided to us will be true, accurate, current and complete, and (iii) they will ensure that all information provided to us remains accurate and up to date at all times.
Viewing and Accessing Artwork
A Parent can view their Artist’s artwork on the Website using the unique online order code provided to such Parent.
Parents and/or Artists retain ownership of an Artist’s artwork. By registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants the Company a royalty-free right and license to use, re-use, copy, publish, republish, in whole or part, edit, add to, modify, and rearrange the Artist’s artwork solely in connection with:
providing and promoting the Website and/or our products and services through the distribution of personalized order forms or otherwise; and producing custom merchandise depicting the artwork.
We only provide online order codes to School Coordinators and Parents. School Coordinators and Parents are responsible for keeping online order codes private and may choose, in their sole discretion and at their sole risk, to share online order codes with those parties whom they authorize to view and purchase their Artist’s artwork. If a School Coordinator or Parent believes their online order code has been improperly accessed or disclosed, he or she may inform us in writing and request a new code, and the Company will use its best efforts to meet such request. If we haven’t received any such notice, we presume that the Parent has granted such permission to order merchandise depicting their Artist’s artwork. A SCHOOL COORDINATOR MAY ONLY ORDER MERCHANDISE CONTAINING AN ARTIST’S ARTWORK IF THE SCHOOL COORDINATOR HAS OBTAINED THE PRIOR CONSENT OF THE ARTIST’S PARENT (“PARENT CONSENT”). IF A SCHOOL COORDINATOR ORDERS MERCHANDISE CONTAINING AN ARTIST’S ARTWORK, THE SCHOOL COORDINATOR HEREBY REPRESENTS HE OR SHE HAS OBTAINED ALL APPLICABLE PARENT CONSENTS AND THAT WE CAN RELY ON SUCH REPRESENTATION IN FULFILLING SUCH ORDER.
Waiver and Severability
Survival of Terms