Terms and Conditions
Welcome to the user agreement (the “Agreement” or “User Agreement”) for Art Smiley. The following terms and conditions govern the use of our services available through www.artsmiley.com (the “Site”). The use or access of our services is prohibited if you do not accept the terms and conditions of this Agreement.
Intellectual Property Rights
Copyrights to all original materials, content, layout, choices, and arrangements of the Website (e.g., text, user, interface, image, design, sound, etc.) are owned by Art Smiley, its parent, subsidiary, or affiliate companies. This Website may not be copied, reproduced, posted on any other Website, republished, uploaded, encoded, modified, translated, publicly displayed, exploited commercially, distributed, or transmitted in any way or derived from this Website without Art Smiley’s express written permission.
All trademarks, logos, service marks, patents, designs, copyrights, domain names, or other intellectual property displayed on this Website are the property of Art Smiley or its affiliates, subsidiaries, or parents. Without Art Smiley’s or the appropriate owner’s written consent, you may not use them. Any intellectual property appearing on this Website is not yours, and you have no right, title, interest, or license. This Website may be subject to a civil or criminal penalty if you use it’s content unauthorized.
Art Smiley performs personal purchases, provides information and conducts business through this Website. It is your choice whether or not to browse the Website. It is prohibited to copy anything (whether electronic, hardcopy, or other formats) in violation of international intellectual property laws. Use of any part of or all of this Website for commercial purposes is prohibited without Art Smiley’s written consent. It is the sole property of Art Smiley to hold all rights not explicitly granted.
The Website prohibits using any computer program tools, including web crawlers, bots, indexers, robots, or other automated devices, programs, algorithms, and methodologies accessing the website content. Reproducing or passing the navigation structure of the Website.
You may not reproduce, circumvent, or manipulate the navigational structure or presentation of the Website or any content to obtain materials, documents, or information through any means other than those provided by the Website. The individuals who control or author tools that use the Website are considered their agents.
How Does Art Smiley Works?
Art Smiley Collections are collections of your favorite artwork.
Our Rental Program
A variety of membership options are available to suit a wide range of needs. Click on the “Profile” link at the top of any page on the Art Smiley website to see your current plan and other details.
The rental of a print from your collection is included with every active Art Smiley membership plan. You are entitled to have up to two prints at any given time with each membership plan. You can request new prints anytime if you have an in-home membership. The prints you have in your possession must be returned as soon as you receive the artwork you have requested.
We are permitted to produce a limited number of prints of each artwork under our agreements with our artists. We will consider the following factors when selecting which prints to send you:(a) your selected artworks and (b) the available prints. You will always receive the artwork you have selected. Depending on the availability of other artworks, the Collection may contain other pieces.
You have the option to buy the frame and/or the wall art directly from Art Smiley at any time. The consumer doesn’t acquire legal ownership of the artwork from the artist when they purchase an Art Smiley print. The artist retains sole ownership of all rights. Consumers are liable for the payment of all necessary taxes and other fees in the event of a transaction.
If a print is lost while it is in your care, you can be responsible for paying for it. We have the right to replace a lost print for free at our sole discretion. However, in the unlikely event that your account accumulates an excessive number of damaged or lost prints, as we may decide at our sole discretion, we may suspend your account and charge your payment method for the estimated cost of the lost print (s). You hereby permit us to deduct any lost print costs from your Payment Method (s). Before billing your Payment Method, we will let you know about any potential charges for lost print(s).
The cancellation of your membership will take effect immediately. Refunds and credits are not available for partial-month periods. The frame and all prints in your possession must be returned within fourteen days of initiating cancellation. You will receive our return shipping label once you have returned your artwork in its original packaging. We reserve the right to charge you for unreturned prints and frames if we don’t receive your frame and artwork within fourteen days of your cancellation. Any outstanding print(s) will be billed to your Payment Method if not returned. Before charging your payment method, we will send you a notification email regarding unreturned prints. If your account is terminated, we will not be responsible.
Disclaimer Of Warranties
You are not guaranteed an uninterrupted, timely, secure, or error-free experience with our service. The accuracy and reliability of the results generated by the service are not warranted. The service may be removed occasionally without notice or canceled anytime without notification.
All risks associated with using, or being unable to use, the service are solely your responsibility. As a result of this service, we are (except as expressly stated by us) offered ‘as is’ and ‘as available for your use’ with no representations, warranties, explicit or implied, including those regarding merchantability, merchantable quality, suitability, durability, title, and non-infringement.
It is expressly prohibited for Art Smiley, its directors, officers, employees, affiliates, agents, contractors, interns, manufacturers, service providers, volunteers, and affiliated companies to be held liable for indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, revenue, savings, data loss, replacement costs, or any other claim related in any way to your use of the service or any product, regardless of the form of action, including negligence, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Various states and jurisdictions do not allow the exclusion of liability or limitation of incidental or consequential damages, so our liability is limited in such states or jurisdictions.
The holder of this Agreement will indemnify, defend and hold harmless Art Smiley, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, affiliates, contractors, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising from any breach by you of these Terms of Service or their incorporation by reference into this document or your violation of any law or right of a second party.
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, then it shall nevertheless remain in full force and effect, and, should the unenforceable portion remain untouched, any remaining provisions shall remain valid and enforceable.
All obligations and liabilities incurred by the parties prior to the termination date will survive. These Terms of Service will remain in effect until it is terminated by you or us. These Terms of Service can be terminated at any time. You must notify us that you do not wish to use the Services or stop using our site.
We may terminate the agreement at any point without notice if you fail to or suspect you have failed to comply with any of these Terms and Conditions. You will still be responsible for any amounts up to the date of termination and may refuse you access to any portion of our Services.
Changes to our Services
The Services are regularly updated and may have new functionality or forms without prior notice. We hold the rights to modify, delete, add, or remove any of our Services, in whole or in part, temporarily, or permanently, without notice.
We are not liable for any damages or loss that you or any third parties may suffer directly or indirectly due to any changes we make to our services.
Changes To Terms Of Service
Check the most current version of the Terms of Service at any time on this page. We reserve the right to modify, update, or replace any part of the Terms of Service at our sole discretion by posting changes and updates to our website. You are responsible for checking our website regularly for any changes. Acceptance of changes to the Terms of Service will be accepted if you continue to use or access our website or Service after they are posted.
Art Smiley respects copyright laws and expects its users to do the same. Art Smiley will terminate accounts of members or other account holders who are suspected or have been repeatedly violating copyright rights.
Governing Law and Jurisdiction. These Terms will be governed solely by the laws of Dubai without regard to an3