Terms of service

All Art Works reserves the right, in our sole discretion, to update or revise this Terms of Service (TOS). Your continued use of the Site following any changes to the TOS constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email to the last known address that you have provided us.

Please read this carefully. It’s extremely boring, but it’s a contract and it is legally binding. By paying the fee for the selected work(s), either through the provided link or by mailing us a check, you the artist agree to this contract with All Art Works. You must agree to the contract in order for the selected artwork to be represented by All Art Works.

1. The artist (“you,” “your”) appoint All Art Works (“us,” “our,” “we”) as your exclusive agent specifically for the work(s) of art selected by the juror. The juror shall be an individual selected solely by All Art Works to judge the artist’s work and select the work or works to be included in the All Art Works platform.

2. Artwork must be original, not a reproduction, and created by you, the artist.

3. You agree to ship the selected artwork at your own expense to the designated address, if your artwork is accepted by All Art Works.

4. You understand that the selected artwork remains in our care for 1 full year from the day we receive it.

5. You understand that you will not have access to the selected artwork for the duration of that year.

6. If the artwork does not sell within that year and you choose not to renew the contract, or All Art Works does not wish to renew the contract, we will ship it back to you after we receive shipping costs from you which are your responsibility. Details of renewal process can be found in paragraph 20.

7. You understand that the $15 fee per accepted piece is non-refundable. You understand that you must provide a valid electronic payment method such as a credit card in order to pay the acceptance fee. Your information will be stored by a secure payment portal, and your contract will automatically renew on a yearly basis if All Art Works and you the artist wish to renew the contract.

8. You agree to ship your artwork unframed and allow All Art Works to frame your artwork, in a frame of our determination. You understand and agree that the frame will be attached with screws to the back of your artwork.

9. You agree to abide by our guidelines of what determines artwork to be framable. The guidelines are accessible in the Artist Playbook and also will be accessible through delivery instructions we provide after you agree to this contract and we receive your entry fee.

10. If after 1 year the accepted artwork does not sell, and if you decide to have the work returned rather than renewed, you have the option to purchase the frame when we send it back to you. The price of the frame will be based upon our sole determination. Please note the frame is very high quality and is priced at a very large discount.

11. Abandoned artwork: if after 1 year the accepted artwork does not sell, and you indicate you do not wish to renew, and if you do not send us return shipping or otherwise make arrangements to retrieve the work, and we are unable to contact you for an entire year after you have indicated you do not wish to renew the contract, the work will be considered abandoned. Additionally, if after 1 year the accepted artwork does not sell, and if the auto renewal cannot collect payment for any reason whatsoever, or if you do not remit payment in some form or other to renew the contract, and if we are unable to contact you for an entire year after the contract has expired, the work will be considered abandoned. You understand that upon termination of this contract which happens one year after the contract is signed, the work will no longer be insured and All Art Works will not be responsible for the work in any way. You understand and agree that once work is considered abandoned, All Art Works will donate the work at a time of our choosing to whomever we wish & in any way we see fit.

12. We are not responsible for loss or damage to your artwork during its initial shipment to us, nor during the return shipment in the event you choose not to renew the contract. The artwork is insured once we receive it, whether in storage, during showings (if any), and during transport to any offsite locations that we may exhibit the work in, for the year it is in our care.

13. Our insurance for your artwork terminates when either (a.) a sale is finalized (i.e. 7 days after the buyer receives the work without a return), or (b.) 1 month after the contract for the artwork terminates without contract renewal which requires a renewal fee. You have the option to have your work fully insured by the carrier during return shipping. When we calculate return shipping we will include the option for you to pay for insurance for your work.

14. While your artwork is in our care, it will be insured for the full value provided by you on the submission form, with an insurance company of our choosing. In the event of loss or damage you will receive the declared value on the submission form. If the insurance claim pays more than the value you specify on the submission form, any overage paid remains ours to keep.

15. If we receive artwork that is different from the artwork that was accepted by the juror we will ship it back to you at your expense, after we have received your payment for return shipment. All Art Works is not responsible at any point for loss or damage to artwork that is sent to us if it is not the artwork that was accepted.

16. If the artwork sells, the artist will receive 60% of the most recently declared value, agreed upon by the artist and All Art Works, and All Art Works will receive 40% of the most recently declared value, agreed upon by the artist and All Art Works. Any taxes, shipping expenses or framing costs that are charged to a buyer for a sale, shall be retained by us to reimburse us for our costs.

17. By agreeing to this contract, you give All Art Works the right to sell your artwork to anyone under any circumstances that we see fit.

18. All Art Works has the right to change the price of the artwork at our sole discretion. You will always get at least 60% of the most recently declared value, agreed upon by the artist and All Art Works.

19. You agree to allow All Art Works to show the selected artwork. We may do so either online and/or in a physical show, but we are not obliged to do so.

20. If after 1 year your artwork does not sell, and if All Art Works wishes to continue representing the selected artwork after this contract would naturally terminate (1 full year after we receive the artwork) and you, the artist, wish to continue showing the selected piece with All Art Works, your contract will renew automatically if you have a valid card on file. You will receive notice of contract renewal 1 month prior to the termination of the contract, at which point you can decide whether or not to renew. To renew the contract, with a valid card on file you do not have to do anything. If you choose not to renew, you can make that change in the contract renewal notice by following the instructions in that email. You understand that by paying the renewal fee, the amount of which will be set at that time by us, you will be signing a new agreement for a new 1 year contract. You also understand that your failure to respond to our contract renewal email will equate to and be considered acceptance and agreement to an auto-renewal of our contract. If you do not have a valid card on file, and we are otherwise unable to collect a renewal fee for the contract, the contract will not automatically renew and All Art Works will endeavor to contact you to either collect the fee or to make arrangements for return of the work. 

21. All Art Works reserves the right to terminate the relationship with you, the artist, at any time for any reason or no reason at all.

22. All Art Works is not obliged to disclose the identity of anyone who purchases your artwork if the buyer wants to remain anonymous.

23. You give All Art Works permission to photograph and share the image of your artwork in promotional materials, both digital and physical formats, and in any way and with whomever we see fit.

24. By agreeing to this contract, you acknowledge that you may become aware of confidential or proprietary information (“Confidential Information”) relating to our business venture and services. Such Confidential Information may include, but is not limited to, details concerning our platform, our submission process, our sales process, our vetting process, and the identities and contact information of our artists, buyers, and vendors. You agree to not use or disclose any such Confidential Information to any third-party at any time, except as may be needed as part of the selection and sale of your artwork by us. You also agree that your obligation to keep this Confidential Information confidential shall continue past the term of this Agreement and shall continue indefinitely.

25. You also agree that you will not, in any way, directly or indirectly, either through yourself or an entity in which you may be an owner, member, employee, contractor, or hold any interest, solicit, induce, contact, influence or attempt to solicit, induce, contact, or influence any of our existing or prospective artists, buyers, or vendors regarding services which are, or could be, in competition or conflict with our services.

26. You also agree that you will not, during the duration of this contract and for a period of 1 year after the termination of this contract, engage in any pursuit that is in competition with our business or the services we offer, in any geographic location where we offer physical showings or online.  You agree that this prohibition is reasonable and warranted given the uniqueness of our services and how we conduct our services through our online platform. - IN CASE YOU WERE WONDERING, THIS LINE ITEM DOES NOT IMPACT YOUR ABILITY TO SELL YOUR ARTWORK AFTER TERMINATION OF CONTRACT. THIS PROTECTS US FROM SOMEONE STEALING OUR BUSINESS MODEL AFTER TERMINATION OF CONTRACT…

27.  Although we may place a watermark on the image of your artwork displayed online in order to help protect your copyright interest, you hereby waive and release us from any and all liability for copyright infringement or unauthorized reproduction of your artwork by third-parties who visit the website or utilize any of the platform’s functionality.

28. Our failure to enforce any term of this contract shall not be deemed a waiver of the enforcement of that or any other term of this contract.

29. INDEMNIFICATION & GOVERNING LAW

A. INDEMNIFICATION - Artist hereby agrees to indemnify and hold All Art Works and its trustees, officers, members, employees, staff members, students, volunteers, and agents harmless from and against any and all costs, expenses, claims, losses, lawsuits, causes of action, and damages (including, but not limited to, all actual attorneys’ fees, costs of litigation, alternative dispute resolution, arbitration, mediation, settlement, judgment, interest and fees, as well as costs of investigation, credit monitoring, and notification in the case of a breach of any confidentiality obligations) arising out of or resulting from this Agreement.

B. GOVERNING LAW - This Agreement shall be governed by the law of the State of Michigan without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction.

*Contract updated, 1/23/25

 

You must be 18 years or older to create an Account (“Account”) with, or order Products on All Art Works. 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 Site or Services (or any portion thereof).

When you set up an Account, you are required to provide your name, email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services 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 Site and Services. 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, and 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 Site 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 Site and your Account, including without limitation terminating your Account, 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 All Art Works 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.

You may not use the Site or Services for any purpose that is unlawful or prohibited by this TOS, or to solicit, promote or conduct the performance of any illegal or fraudulent activity or other activity which infringes the rights of All Art Works or others. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you. Notwithstanding any other rights or restrictions in this TOS, you represent and warrant that you will not use this Site to:

(a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;

(b) upload, introduce or transmit to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;

(c) obtain unauthorized access to any computer system or any portion of the Site to which you are not authorized to access;

(d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of All Art Works;

(e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;

(f) use the Site or Services to collect or harvest information regarding other users of the Site for any reason whatsoever or to generate and send unsolicited commercial email;

(g) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

(h) use the Site 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 Site or Services (including without limitation robots, spiders or scripts);

(j) interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

(k) mirror or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

This, together with any additional terms on the Site, will govern any order you make through the Site or Services 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 Site 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 All Art Works 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 All Art Works 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 All Art Works provides the Product(s) to a common carrier.

To pay for an Order, you will need to provide All Art Works  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 All Art Works ), (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 Apple 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 Site; 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.

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 be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. We will make our best efforts to clearly display shipping and/or sales tax, if applicable, and show them 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.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of All Art Works and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the Internet without the written permission of All Art Works 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 Site ("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 Site 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 Site or Services (“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 TOS 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 Site according to this TOS. Furthermore, nothing in this TOS 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 Site or Services will be governed by such third parties’ licenses and not by this TOS.

The Site 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 Site and Services 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.

Specific terms and conditions may apply to specific portions of our Products, on the Site, or your Account (“Additional Terms”). Any such Additional Terms will be available on the applicable web pages and/or near the portions of the Site to which they are applicable and/or as part of this TOS. You agree to abide by any such Additional Terms. If there is a conflict between this TOS and the Additional Term, the latter terms shall control with respect to your use of that portion of the Site, the Products or your Account. 

The following terms and conditions apply to the applicable features on the Site:

(a) Returns. Returns are governed by our policies outlined on the Refund Policy page. All Art Works reserves the right, in our sole discretion, to update or revise this Returns policy. 

(b) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. While All Art Works does not charge for this service, charges from your carrier for usage may apply and you are responsible for all such charges. Using this Service while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of this TOS. It may also be illegal.

All Art Works reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide All Art Works’s Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

All Art Works ’s agent for notice of claims of copyright or other intellectual property infringement can be reached by email at support@allartworks.com.

We know that your privacy is important. For this reason, we have created a Privacy Policy Page that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS”. ALL ART WORKS MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK.

OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL ALL ART WORKS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. 

We make no warranty that the Products, Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Site or services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in this TOS.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL ART WORKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALL ART WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES, INCLUDING OUR PRODUCTS, IS LIMITED, IN AGGREGATE,TO THE GREATER OF: (I) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00). 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to indemnify and hold All Art Works and (as applicable) All Art Works’ subsidiaries, affiliates, joint ventures, officers, directors, agents, and employees harmless from any claim or demand including reasonable attorney’s fees, made by any third party due to or arising out of: (i) your use of the Site or the Services; (ii) any Member Content; (iii) your breach of this TOS or the documents it incorporates by reference; or (iv) your violation of any law or the rights of a third party.

You hereby release All Art Works, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) your use of the Site; (ii) any disputes you may have with any other members of the Site; or (iii) your purchase of any Product(s). You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her must have materially affected his/her settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS, in addition to Sections 6, 7 and 12 through.

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this TOS by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, you and we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. From time to time All Art Works may offer special promotional offers which may or may not apply to your All Art Works account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and All Art Works will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Michigan with respect to any legal proceedings that may arise in connection with this TOS. The failure of All Art Works to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. All Art Works does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there will be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and All Art Works and governs your use of the Site, superseding any prior agreements between you and All Art Works with respect to the Site. This TOS is personal to you, and you may not transfer, assign or delegate your right and/or duties under this TOS to anyone else and any attempted assignment or delegation is void.

If you have any questions about this TOS, please contact us at: support@allartworks.com.