SELLER TERMS & CONDITIONS
USER TERMS AND CONDITIONS FOR SELLING ARTWORKS
Effective May 1, 2020
Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
PLEASE READ THESE TERMS CAREFULLY.
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 the agreement to arbitrate, you may do so provided you follow the procedures set forth below in the section entitled “Agreement to Arbitrate.” The dispute resolution section also includes a class action waiver, which means that you agree to proceed with any 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.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
MODIFICATIONS TO THESE TERMS
The Company reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the Effective Date. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
MODIFICATIONS TO THE SERVICES
We reserve the right to change the URL, modify or discontinue, and restrict or block access to the Services without notice to you. We may modify or remove any Artworks (as defined below), Company Content (as defined below) or Seller Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, inappropriate, excessively violent, harassing, or otherwise objectionable in our sole discretion.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
In order to utilize our Services and become a Seller, you must first create an account (“Account”) by completing our application process. During the application process you will be required to provide certain information and you will establish a username and a password. When you apply, you will be required to verify your identity by separately providing the Company with a copy of a government issued ID, tax identification, or similar documentation and information. Upon approval of your application, you will become a registered Seller and set-up your Account Dashboard. You agree to always provide accurate, current and complete information for your Account and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your Account if any information provided during the initial set-up process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your Account.
SELLER TERMS AND CONDITIONS
Listing Artworks on the Services
As a Seller, you may submit listings for original artworks (“Artworks”) that you desire to sell through the Services. All Artworks must be stretched and may also be framed, unless Artworks are three-dimensional sculpture pieces. You may not submit listings for Artworks that were created by another artist unless you are a gallery representing that artist. In order for your listings to be accepted, you must provide the Company with all the information requested by the Company and you must comply with any other Company requirements as identified to you. Your listings must be accurate and complete and comply with the Company’s then-current listings content guidelines, which are available in the Seller’s Guide and in the Knowledgebase on your Dashboard. The Company reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that the Company reserves the right to promote and market Artworks. You always retain the right to remove a listing for an Artwork from the Services according to the instructions below. If you want to remove a listing for an Artwork from the Services, you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Artworks that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Artworks that you make available through the Services, you are the creator of all such Artworks and you are the sole and exclusive owner of all such Artworks; and (ii) the Artworks that you make available through the Services nor the Company’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
If you submit listings for Artworks, you are selling such Artworks through the Services (collectively “Online Sales”) and you hereby grant the Company a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Artworks sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Artworks in any form, medium or technology now known or later developed for the purpose of promoting the Company and/or the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Seller Payment (defined below), which is payable only upon the sale of an Artwork via the Online Sales channel.
The Company will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For sales of Artwork, the Company will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by the Company, you will be responsible for shipping the purchased Artwork directly to the purchaser. You agree to ship the purchased Artwork to the purchaser within three (3) business days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Artwork to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
You agree to comply with the terms and conditions of the Company’s Return Policy that are applicable to any Artworks that are sold through the Services.
Unless otherwise arranged with the Company, you will receive a 65% payment for all artwork sold with the payment based on the final selling price. The Company retains 35% of the final selling price, which includes all credit card fees and charges. The Seller has the right to request the Company to remit the Seller Payment in your Account in accordance with the Company-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, the Company will remit to you the remaining balance of the Seller Payment in your Account, if any.
If you have submitted a listing for an Artwork and have been contacted through the Services by a purchaser with respect to purchasing the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Artwork to such purchaser independent of the Company and the Services. Violation of this provision may result in the termination of your Account as an Seller, in addition to any other remedies available to the Company including, without limitation, injunctive or other appropriate relief.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, goods and services, or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). As a Seller of Artworks, you acknowledge that the Company will withhold the Taxes required to be withheld from the payments the Company makes to you. The Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
- A W-9 Tax Form must be filled out to sell Artworks for all Sellers living within the United States.
- A W-8BEN Tax Form must be filled out by all Sellers living outside of the United States.
- Any additional Tax Forms as required by applicable law and the Seller’s jurisdiction.
It is understood that should any information given on said tax form, the Seller will submit a new form within 30 days of any certification made on the form becoming incorrect.The Company recommends that you review all tax forms with your personal tax advisor.
You understand and agree that the Company uses commercially reasonable efforts to display the colors of Artworks accurately via the Services. However, because individual computer monitors may display colors differently, the Company is not responsible for the color accuracy of any Artworks displayed on the Services and disclaims all liability in this regard.
In addition to submitting listings for Artworks, the Company may, in its sole discretion, designate areas of the Services in which Sellers can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, “Seller Content”). Seller Content excludes any images of Artworks for which an Seller submits a listing, as described under “Seller Terms and Conditions” above. The Company does not claim any ownership rights in any such Seller Content and nothing in these Terms will be deemed to restrict any rights that an Seller may have to use and exploit any such Seller Content. By making available Seller Content on or through the Services, (i) you grant the Company a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Seller Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting the Company, the Services, and (ii) you grant directly to others the right and license to view your Seller Content on or through the Services only in connection with such person’s authorized use of the Services. You reserve all other rights and licenses in and to any Seller Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Seller Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Seller Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Seller Content and to grant all rights and licenses in such Seller Content as granted under these Terms; and (ii) neither the Seller Content nor your making available any Seller Content on the Services nor any use of any Seller Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Company may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Company Content”), some of which is owned by the Company (“Company-owned Content”), and some of which is made available under license by a third party (“Company-licensed Content”). The Company authorizes you to download, view and print Company-owned Content solely for your personal use in visiting the Services and in connection with exercising the rights granted to Sellers under these Terms. For Company-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Company-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, inappropriate, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- Access, tamper with, or use non-public areas of the Services, the Company’s computer systems or network, or the technical delivery systems of the Company’s providers;
- Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect Services, Company Content or Seller Content;
- Attempt to access or search Services, Company Content or Seller Content or download Company Content or Seller Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without the Company’s express written consent;
- Use Services, Company Content or Seller Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Company Content or Seller Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Company Content or Seller Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to remove any Seller Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Seller Content, listings for Artworks, Company Content or any other text, graphics, images, software, music, audio, video, information or other content or material that the Company, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
ADDITIONAL TERMS AND CONDITIONS
Sweepstakes and Contests
The Company may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about the Company’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
The Company’s Intellectual Property
The Services and Company Content are protected by copyright, trademark and other laws of the United States. Except as expressly provided in these Terms, the Company and its licensors exclusively own all right, title and interest in and to the Services and Company Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Company Content.
The Company respects copyright law and expects its users to do the same. It is the Company’s policy to terminate in appropriate circumstances the use of the Services by Sellers, purchasers, or others who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Company’s Copyright Policy for further information.
The Services may contain links to Seller or third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, the Company has the right to suspend or disable your Account, at its sole discretion and without prior notice to you. The Company reserves the right to revoke your access to and use of the Services, Company Content and Seller Content at any time, with or without cause. In the event the Company terminates your Account due to your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
The Company reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges and related Taxes are incurred.
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services.
The Services, Company Content and Seller Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, The Company explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. The Company makes no warranty that the Site, Services, Company Content or Seller Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from the company or through the Site or Services, will create any warranty not expressly made herein. No action should be taken or purchase made based upon any of the information contained in the Services. You should seek independent advice from a professional and/or a person who is knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.
You are solely responsible for all of your communications and interactions with the Company, purchasers, or users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. The Company makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Company Content or Seller Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Company Content and Seller Content remains with you. Neither the Company nor any other party involved in creating, producing, or delivering the Services, Company Content or Seller Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Company Content or Seller Content, or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will the Company’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Company Content or Seller Content exceed the greater of: (i) the total payments made or credited to you by the Company for the sale of your Original Works of Art during the three (3) month period preceding the date a claim for liability arises under these Terms; or (ii) $100. The limitations of damages set forth above are fundamental elements of the basis of the agreement between the Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of Delaware, 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 Delaware, 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 firstname.lastname@example.org 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. You further agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred. 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 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 Delaware. 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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.
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.
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. 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 email@example.com or by mailing us, postage prepaid, to Redwood Media Group LLC, P.O. Box 360, Hinckley, Ohio 44233, Attention: Legal Department. 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 Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Notice for California Users
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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Users from Other Jurisdictions
The Services are controlled and operated by the Company. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to be required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by the Company via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting the Company
If you have any questions about these Terms, please contact the Company at firstname.lastname@example.org.
If you have a complaint, you may contact us at the Company’s Customer Service department:
Redwood Art Group
P.O. Box 360
Hinckley, Ohio 44233
Attention: Customer Service Department
© Redwood Media Group LLC. All rights reserved.