Terms and conditions of use
Terms and Conditions
Agreement between User and Artocrysty.com
Welcome to Artocrysty.com. The Artocrysty.com website (the “Site”) is comprised of various web pages operated by Artocrysty.com(“Artocrysty”). Artocrysty.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Artocrysty.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Artocrysty.com is an E-Commerce Site and Directory to other E-Commerce Marketplaces where Artocrysty goods are sold.
Artocrysty is the location where artist Crystal M. sells original artworks, apparel, and accessories with her designs.
Privacy
Your use of Artocrysty.com is subject to Artocrysty’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Artocrysty.com or sending emails to Artocrysty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Artocrysty is not responsible for third party access to your account that results from theft or misappropriation of your account. Artocrysty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Artocrysty does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Artocrysty.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Buyers may return an item within 14 days of delivery and contact customerservice@artocrysty.com with the return explanation. Buyer is responsible to return shipping costs and for loss in value if the item is not returned in its original condition. Once return is received and processed, a refund will be issued.
Links to Third Party Sites/Third Party Services
Artocrysty.com may contain links to other websites or marketplaces. (“Linked Sites” or “Linked Marketplaces”) The Linked Sites are not under the control of Artocrysty and Artocrysty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Artocrysty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artocrysty of the site, marketplace, or any association with its operators.
Certain services made available via Artocrysty.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Artocrysty.com domain, you hereby acknowledge and consent that Artocrysty may share such information and data with any third party with whom Artocrysty has a contractual relationship to provide the requested product, service, or functionality on behalf of Artocrysty.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Artocrysty.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Artocrysty that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software use on the Site, is the property of Artocrysty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Artocrysty content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Artocrysty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Artocrysty or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). Your agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or by any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other property notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Artocrysty has no obligation to monitor the Communication Services. However, Artocrysty reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Artocrysty reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Artocrysty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Artocrysty’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Artocrysty does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Artocrysty specifically disclaims any liability with regards to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Artocrysty spokespersons, and their views do not necessarily reflect those of Artocrysty.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Artocrysty.com or Posted on Any Artocrysty Web Page
Artocrysty does not claim ownership of the materials you provided to Artocrysty.com (including feedback and suggestions) or post, upload, input, or submit to any Artocrysty Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting you Submission you are granting Artocrysty, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformate your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Artocrysty is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Artocrysty’s sole discretion.
By posting, uploading, inputting, providing, or submitting you Submission you warrant and represent that you own or otherwise control all of the rights to you Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
International Users
The Service is controlled, operated, and administered by Artocrysty from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Artocrysty content accessed through Artocrysty.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Most artwork and products sold by Artocrysty are only sold within the USA. If you are interested in purchasing a product and are located outside of the USA, then you can contact customerservice@artocrysty.com and arrangements can be made to sell and ship the artwork or product to you. All local legal, tax, fees, and compliance with be your responsibility, not Artocrysty’s.
Indemnification
You agree to indemnify, defend, and hold harmless Artocrysty, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Artocrysty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with Artocrysty in asserting any available defense.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTOCRYSTY.COM AND/ OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARTOCRYSTY.COM AND/OR ITS SUPPLIERS MAKE NOT REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENTS PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. ARTOCRYSTY.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONTDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN EVENT SHALL ARTOCRYSTY.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGE OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,OR OTHERWISE, EVEN IF ARTOCRYSTY.COM OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Artocrysty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Kentucky and you hereby consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artocrysty as a result of this agreement or use of the Site. Artocrysty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Artocrysty’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artocrysty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will deem superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Artocrysty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Artocrysty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Artocrysty reserves the right, in its sole discretion, to change the Terms under which Artocrysty.com is offered. The most current version of the Terms will supersede all previous versions. Artocrysty encourages you to periodically review the Terms to stay informed of our updates.
Contact US
Artocrysty welcomes your questions or comments regarding the Terms:
Artocrysty
2041 Creative Drive #55483
Lexington, KY 40555
Email Address:
customerservice@artocrysty.com
Updated Terms Effective as of September 01, 2023