TERMS AND CONDITIONS
(Click here to download as a PDF)
BY VISITING MARTYCULTURAL.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
Martycultural Art Inc. is the owner of the Sites (as defined below).
The terms “we,” “us,”, “our”, “The Artist”, and “Martin Machacek” refer to MARTYCULTURAL ART INC. The term the “Site” refers to the website domains of MARTYCULTURAL.COM and/or MARTYCULTURAL.BIGCARTEL.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The Site features an online gallery of artwork completed by Martin Machacek, including some original paintings and/or reproductions (the “Products”) that are offered for sale through our Online Store, martycultural.bigcartel.com. We have listed information on where the artwork can be viewed in person (“Current Exhibitions”) and have included an artist biography (“About the Artist”). The artwork itself has been grouped into several categories based on theme (“Victoria”, “Lighthouses”, “Europe”, etc.), and the availability of each image is clearly stated as applicable on the Site. There is a blog on the Site, which is updated periodically and to which users of the Site can submit comments (the “Service”).
Use of the Site, including all materials presented herein and all online services provided by MARTYCULTURAL ART INC., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to artwork, exhibitions, availability of art reproductions, and other information are subject to change without notice to you. Martycultural Art Inc. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Martycultural Art Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service and/or purchase Products, you may be required to provide information about yourself including without limitation your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal, deceitful, fraudulent or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases of Products made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services or Products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services and Products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to or to fulfill any order for Products from any person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed and received by us. We may at any time change or discontinue any aspect or feature of the Site or Service.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in or you fail to receive an email confirmation, it is your responsibility to inform us immediately.
CANCELLATIONS, REFUNDS & RETURNS
We trust you to make informed decisions up front about your purchases and are always available to answer any questions you have about our Products. In the unlikely event that you receive damaged or otherwise defective Products after placing an order through the Site, please contact us within 24 hours of your receipt of the Products to discuss your options. We can be reached by e-mail, , or by phone: +1 (250) 686-3266.
Please note that Martycultural Art Inc. does not offer any returns on artwork or Products. We will consider an exchange of your items or store credit, on a case by case basis, at our sole discretion.
PRODUCT DESCRIPTION
We offer the highest quality artwork possible and stand behind our Products. Martycultural Art Inc. original paintings are created using Golden Acrylics paint and are coated with a UV-resistant varnish upon completion. Our photographic prints are considered 'archival-quality' in that they will not fade or stick to glass for decades after purchase, and our block-mounted prints have been laminated to wood to protect against humidity and fading. All of our canvas giclées are protected against UV rays and are printed using the superior standards that set giclées apart from other forms of reproductions (canvas transfers, lithographs, etc.).
We endeavor to describe and display the Products and Service as accurately as possible. While we try to be as clear as possible in explaining the Products and Service, we do not warrant or represent that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions of Products and Services. We reserve the right to refuse or cancel any order with an incorrect price listing or any other error at our sole discretion.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold us harmless and fully release us from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site, Products and Service contain intellectual property owned by Martycultural Art Inc., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, whether for profit or not for profit, any Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy and such removal shall not be a waiver of any other rights or remedies available to use at law or equity.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately by us posting the new Terms and Conditions on this Site which such posting shall be deemed notice to you. Any use of the Site or Service by you after such posting of amendments means you accept these amendments. We reserve the right to update any portion of our Site, Products and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MARTYCULTURAL ART INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MARTYCULTURAL ART INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE AREAS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MARTYCULTURAL ART INC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE MOST RECENTLY PURCHASED FROM MARTYCULTURAL ART INC., AND IF NO PURCHASE HAS BEEN MADE BY YOU THEN MARTYCULTURAL ART INC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Martycultural Art Inc.. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall fully indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Products or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by Martycultural Art Inc. shall constitute a waiver of such provision or any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Martycultural Art Inc..
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed by registered mail as follows:
Martycultural Art Inc.
Upper- 2470 Bowker Avenue
Victoria, BC V8R 2G1
CANADA
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of British Columbia, and Canada, as applied to contracts that are executed and performed entirely in British Columbia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Victoria, British Columbia. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted by a member of the roster of the Mediate BC Society. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
INURE AND BENEFIT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.
Updated: JANUARY 2014
PRIVACY POLICY
(Click here to download as a PDF)
BY VISITING MARTYCULTURAL.COM YOU ARE CONSENTING TO OUR PRIVACY POLICY.
OVERVIEW
MARTYCULTURAL ART Inc. is the owner of martycultural.com and martycultural.bigcartel.com (the Site) and is committed to protecting your privacy online to the extent required to give effect to this Privacy Policy. This Privacy Policy describes the personal information we collect through this website at martycultural.com and martycultural.bigcartel.com (the “Sites”), and how we collect and use that information.
The terms “we,” “us,” “our”, “The Artist”, and “Martin Machacek” refers to MARTYCULTURAL ART INC.. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us by visiting the Site, including without limitation that information that personally identifies you and/or your contact information, including but not limited to your name, email address, phone number, mailing address, or credit card information.
The Site features an online gallery of artwork created by Martin Machacek, including original paintings and/or reproductions that are offered for sale through our Online Store located at the domain martycultural.bigcartel.com. We list on the Site information on where the artwork can be viewed in person (“Current Exhibitions”) and include an artist biography (“About the Artist”). The artwork itself has been grouped into several categories based on theme (“Victoria”, “Lighthouses”, “Europe”, etc.), and the availability of each image is clearly stated as applicable on the Site. There is a blog on the Site, which is updated periodically and to which users of the Site can submit comments (the “Service”).
Use of the Site including all materials presented therein and all online services provided by MARTYCULTURAL ART INC., is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, as amended from time to time, without modification, and acknowledge reading and understanding it.
INFORMATION WE COLLECT
This Site collects personal information you provide to us, which may include, but is not limited to, the following:
- Your name: Used to subscribe visitors to the biweekly newsletter; may also be provided if you choose to contact MARTYCULTURAL ART INC. using the e-mail form on the Site or submit a comment to the blog.
- Your e-mail address: Used to subscribe visitors to the biweekly newsletter, submit a comment for the blog, and to send queries to MARTYCULTURAL ART INC. through the e-mail form on the Site.
- Your phone number: Occasionally used to contact site visitors who have sent queries through the e-mail form on the Site.
- Your mailing address: Used to ship purchases made through the Online Store.
- Your credit card information: Provided (but not viewed by us) when purchases are made in the Online Store. All payment information is encrypted and kept secure by our trusted third party payment providers, which may include Paypal and Beanstream.
The above types of information you provide to us is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business, and servicing clients and visitors. These trusted third parties also have independent privacy policies of their own which we are not responsible for these privacy policies or practices of third party service providers. Your personal information will never knowingly and intentionally be shared by us with unrelated third parties without your consent.
ACTIVITY
In addition to the above use of your information, we may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and to provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
COOKIES
We may send cookies to your computer in order to uniquely identify your browser and to improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
THIRD PARTY LINKS
The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.
SECURITY
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we take reasonable efforts to protect your personal information shared with us through our Site, you acknowledge that the personal information you share with us through this Site could be accessed or tampered with by an unauthorized third party to your detriment. You agree that we are not responsible to you for any unauthorized intercepted information of yours shared through our Site. Additionally, you fully release us and save harmless from any and all claims arising out of or related to the use of such intercepted information when unauthorized by us.
CHILDREN PROHIBITED
To access or use the Site, you must be at least 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.
UPDATING YOUR INFORMATION
You may access and correct your personal information by contacting us via email at
CHANGES TO THIS POLICY
You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Any changes to this privacy policy shall be deemed to have been done so with notice to you by posting any such changes on this page.
CONTACT
If you have questions about our privacy policy, please email us at [email protected].
Updated: JANUARY 2014