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Terms & Conditions
Last Updated: January 17, 2022
Welcome to www.demeartstudio.com (the “Website”), a website operated by Deme Art Studio (“Deme Art Studio”, “we”, “us”, “our” and other similar references). We provide our users (collectively, “you” or “your”) with a marketplace where we sell products (“Products”) and offer a number of related services (collectively, the “Services”). By accessing or using the Website, or purchasing our Products, you agree to be bound by all of the terms and conditions in, and linked to, this Terms and Conditions (the “T&C” or the “Agreement”).
IF YOU DO NOT WISH TO BE BOUND BY THIS T&C, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR PURCHASE ANY PRODUCTS.
Deme Art Studio reserves the right, in our sole discretion, to update or revise this T&C. Your continued use of the Website following any changes to the T&C constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email to the last known email address that you have provided us.
Accounts
You must be 18 years or older to create an Account (“Account”) with or order Products on www.demeartstudio.com. When you register, you must only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is or becomes not true, accurate, current, or complete, we may deny or terminate your access to the Website.
When you set up an Account, you are required to provide your name and email address (collectively, your “Account Information”). If someone accesses our Website using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Website. You are solely responsible for maintaining the confidentiality of your Account Information, and you agree to accept responsibility for all activities that occur thereunder. You agree to immediately notify us in the event of any unauthorized use of your Account or other breach of security. You may only have one Account. You may not use anyone else’s Account at any time, without the permission of the Account holder. Access to and use of certain areas of the Website is restricted to authorized users only. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization or register for an Account on behalf of any group or entity.
Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. In no event and under no circumstances will we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Deme Art Studio under this provision; (ii) any compromise of the confidentiality of your Account or password; and (iii) any unauthorized access to your Account or use of your password.
Use of Website
You may not use the Website for any purpose that is unlawful or prohibited by this T&C, or to solicit, promote or conduct the performance of any illegal or fraudulent activity or other activity which infringes the rights of Deme Art Studio or others. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, your use of the, or access to the Website for any purposes other than for which the Website are being provided to you. Notwithstanding any other rights or restrictions in this T&C, you represent and warrant that you will not use this Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; (b) upload, introduce or transmit to the Website or any other computer or web website viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system or any portion of the Website to which you are not authorized to access; (d) impersonate any other person, including but not limited to, a registered user of this Website or an employee of Deme Art Studio; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) use the Website or Services to collect or harvest information regarding other users of the Website for any reason whatsoever or to generate and send unsolicited commercial email; (g) attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; (h) use the Website or Services to stalk, harass or harm another individual; (i) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website or Services (including without limitation robots, spiders or scripts); (j)interfere in any way with the proper functioning of the Website and Services or interfere with or disrupt any servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services; or (k) mirror or frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Orders
This T&C, together with any additional terms on the Website, will govern any order you make through the Website for Products or electronic gift cards (such order, an “Order”). When you place an Order, we will confirm your Payment Information (defined below) and shipping address by sending an email to the email address you have provided. Your placement of an Order through our Website is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Deme Art Studio until the Product(s) has been shipped. If some Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by Deme Art Studio is based on Product availability and payment processing time and does not include transit time. All Products will be deemed accepted by you upon shipment, and title to, and risk of loss of, any Products you order passes to you when Deme Art Studio provides the Product(s) to a common carrier.
Payment
To pay for an Order, you will need to provide Deme Art Studio with the information necessary to process an Order from you, including your shipping and billing addresses and the following billing information: (i) your name as it appears on the card,(ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by Deme Art Studio), (iii) a valid credit card number; (iv) the date of expiration of your credit card, and (v) any activation numbers or codes needed to charge your card (collectively, your “Payment Information”). We collect Payment Information only to process your transaction and transmit it to our third-party payment processor. If you do not wish to provide us any Payment Information, you may opt to process your order with Google Pay, Apple Pay, or CashApp Pay, in which case we will not collect any Payment Information from you.
By submitting your Payment Information to us, you authorize our third-party payment processor to charge your credit card for the amount of the purchase at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make purchases on the Website; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
Pricing and Products
We make efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor, and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may sold and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
Ownership
The trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of Deme Art Studio and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or websites on the Internet without the written permission of Deme Art Studio or such third party which may own the Marks. Ownership of all such Marks and the goodwill associated with them remains with, and inures to, us or those other entities. All information and content including any software programs available on or through the Website (“Content”) is protected by our or our licensors’ copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for purposes other than their personal, non-commercial use.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this T&C grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally permitted through the Website according to this T&C. Furthermore, nothing in this T&C will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Any use of third-party software provided in connection with the Website will be governed by such third parties’ licenses and not by this T&C.
External Links
The Website may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event will any reference to any third-party, third-party website, or third-party product or service be construed as an approval or endorsement by us of that third-party, third-party website, or of any product or service provided by a third party. The Website may contain links to websites that are operated by us, but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit.
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
Contact Us
If you have any questions about these Terms & Conditions, please contact us.