TERMS & CONDITIONS
Please read these terms and conditions carefully before using this Website or purchasing any Products from this Website.
BY USING THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE ARTIFACT UPRISING PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE PRODUCTS OFFERED ON THE SAME.
INTRODUCTION
These terms and conditions (“Terms”) are issued by Artifact Uprising, LLC d/b/a Artifact Uprising (“Artifact Uprising” or the “Company”). They apply to the entire contents of the website pages under the domain name: www.artifactuprising.com (the “Website”) and to the Products (as defined below) provided through the Website.
The Company provides web-based personal print-on-demand publishing products, including, but not limited to, Customer designed custom books, cards, calendars and other printed products (the “Products”).
By accessing any part of the Website, you shall be deemed to have accepted these Terms in full, whether you are a “Visitor” (you simply browse the Website) or you are a “Customer” (you have registered with the Company, set up an Account with the intention to purchase Products). The term “User” or “you” shall incorporate both the definition of Visitor and Customer.
Artifact Uprising may revise these Terms at any time by updating this posting and sending a notification to existing Customers. Any change to the Terms is effective to all existing Customers after thirty days of the Company sending an email notification to such Customers and any change is effective to all Visitors immediately upon posting the modification to the Terms on the Website. Users should check the Website from time to time to review the then current Terms. If you do not agree to a modification of the Terms, you must cease use of the Website.
You warrant that you possess the legal authority to enter into any agreement with the Company for purchase of the Products or to use this Website in accordance with these Terms and that you are thirteen (13) years of age or older.
Artifact Uprising reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) or offered Products with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website or Products.
You acknowledge that Artifact Uprising reserves the right to charge for its Products and to change its fees from time to time in its discretion. Upon ordering any Product, you will be responsible for the payment of any applicable fees, and shall pay such fees to Artifact Uprising.
COPYRIGHT POLICY
Copyright protection is very important to the Company, as such, it is Artifact Uprising’s policy to terminate account privileges of any Customer who infringes copyright and remove any infringing material from the Website immediately. This includes, but not limited to, you incorporating into your Products for purchase or uploading to the Website images or material that you do not have an express copyright license to reproduce. You agree to indemnify and hold Artifact Uprising harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section (as set forth in the section titled INDEMINITY, below).
If you believe that your work has been copied and posted on the Website or used in any Product in a way that constitutes copyright infringement, please provide the Company with a signed affidavit by you or by a person authorized to act on your behalf that, under the penalty of perjury, you have a good faith belief that the disputed use of the material is not authorized by copyright law, a description of the material that you claim has been infringed and a location of such material either being used in the Website or used in a Product.
Upon receipt of such affidavit describe in the above, the Company will internally investigate your claim. If the Company, in its discretion, believes the material does potentially infringe copyright law, the Company will use reasonable efforts to locate and remove such material from its Website, or if the material is incorporated into a Product, the Company will use reasonable efforts to send a notice to the Product’s owner to notify him/her of the claim of copyright infringement.
As is more particularly described in the sections, below, the Company has no liability to an owner of copyrighted material if the Company’s Users use or post such unauthorized material. An owner of copyright material may have a cause of action against a User; however, such owner’s exclusive remedy against the Company is only the one described in the above.
CONDITIONS AND TERMS FOR PRODUCTS If you order Products from our Website the Company will send you an email confirming receipt of your order, your order number, delivery address, description of Products ordered, the price, and the estimated production and shipping time range of the products.
Your order is an offer from you to the Company to purchase the Products. The Company’s acknowledgement of your order is not acceptance of your order.
The Company shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted.
Once payment has been received by the Company we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. The Company’s acceptance of your order brings in to existence a legally binding contract between you and the Company.
Illustrations, photographs, dimensions and descriptions of Products on the Website are intended as a general guide to the Products only and do not form part of the Company’s contract with you. Products may vary slightly in appearance from those depicted on the Website.
PAYMENT AND PRICES FOR PRODUCTS
The price payable for the Products that you order is shown on our Website. Delivery costs and applicable taxes will be shown separately in the checkout before you enter your details for payment.
The Company accepts payment by credit and debit card, it does not accept cash or check. The Company will not dispatch a Product until it has received payment from you. If for any reason payment is refused after the Company has dispatched the Products it will have the right to request the payment from you or recover the Products from you and charge you for the Company’s costs in recovering the Products or seeking further payment. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing Artifact Uprising with your credit card number and associated payment information, you agree that Artifact Uprising is authorized to immediately invoice your account for all fees and charges due and payable to Artifact Uprising as a result of your purchase of any Product.
DELIVERY OF PRODUCTS
The Company will deliver the Products ordered by you to the address you give to it for delivery at the time you make your order. The Company cannot guarantee when any item will be dispatched and is unable to specify a time for delivery. Please be aware that you are considered the importer of record and must comply with all laws and regulations of such country, including any tariffs or additional taxes.
You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and the Company will not be liable for their loss or destruction.
Neither the Company, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. The Company will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
RETURN AND GIFT CARD POLICY
All sales of Products and other products are subject to Artifact Uprising’s then-current return policies, as posted on the Website.
Any sales of Gift Cards are subject to Artifact Uprising’s then current gift card policies, as posted on the Website.
USE AND CUSTOMER ACCOUNTS
You warrant that any information that you provide when you register as a Customer is accurate and compete in all respects and you will notify Artifact Uprising of any changes to that information.
You are responsible for maintaining the confidentiality of your Artifact Uprising account (the “Account”) and password and for restricting access to your computer to prevent unauthorized access following registration.
You agree to not impersonate any other person or business or organization or to use a false name that you are not authorized to use. You agree not to use the Account, username, or password of another Customer at any time. You agree to notify Artifact Uprising immediately if you suspect any unauthorized use of your Account or access to your password.
The Company may disable any Account where it believes you have failed to comply with the Terms or the Company believes you are engaging in unauthorized use of the Website or Products.
As a condition of your use of the Website or purchase of a Product, you warrant to the Company that you will not use this Website or the Products for any purpose that is unlawful or prohibited by these Terms.
The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of Artifact Uprising.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to Artifact Uprising. This includes all text, graphics, images, photographs, video and sound material. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
USER MATERIAL AND CONDUCT
You agree that you will not incorporate into your Products or post or transmit to the Website the following material:
-any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
-any material for which you have not obtained all necessary licenses and/or approvals; or
-any material that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the USA or abroad; or
-any material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
-any material that states, implies or suggest that the Company is the publisher of your Product.
ARTIFACT UPRISING RESERVES THE RIGHT TO REFUSE TO PRINT ANY PRODUCT THAT CONTAINS CONTENT THAT IT DETERMINES, IN IT SOLE DISCRETION, IS WITHIN THE PROHIBITIONS IN the section above, and you agree to indemnify and hold Artifact Uprising harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of such section. The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of the above prohibitions.
Artifact Uprising does not own the data/photographs you upload to use in your ordered Product. In order for Artifact Uprising to able to provide you with your ordered Product, Artifact Uprising needs a copyright license (a “License”) from you to reproduce, store and distribute such Product. As such, you hereby grant to Artifact Uprising a non-exclusive, worldwide, fully-paid and royalty-free License to reproduce and distribute your ordered Product. You agree that Artifact Uprising reserves the right to maintain the electronic files for any Product(s) to fulfill any further orders which may be placed for such Product(s).
WEBSITE DISCLAIMER OF LIABILITY
By entering the Website you agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website. All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.
Although the Company takes all reasonable steps to ensure that the Website is safe for Users it is possible that material on the Website may be susceptible to data corruption,interception and unauthorized amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by you. The Company will not be held liable or responsible for any damage to your computer equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Website.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.
You enter the Website entirely at your own risk and if you are dissatisfied with any portion of the Website, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Website.
LIMITED LIABILITY ON WEBSITE USE
Artifact Uprising will not be responsible for any other loss you suffer through our failure to comply with the terms of these Terms. In particular the Company will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the Terms such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website, or your downloading of any material from this Website or any websites linked to this Website.
LIMITED LIABILITY ON PRODUCTS Artifact Uprising stands behind its products and strives for 100% customer satisfaction. As outlined in our Return Policy, Artifact Uprising guarantees against defects stemming from manufacturing and workmanship. Artifact Uprising will replace any defective Products which you report to Artifact Uprising via Artifact Uprising’s Order Support within fourteen (14) days of your receiving the defective product.
Due to the custom and personalized nature of our Products, Artifact Uprising cannot make returns for customer-driven mistakes or creative choices. It is important that the customer carefully proof the content and order details of their Products for the following: (a) poor image quality including low resolution images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, font choice or other text errors or omissions; (c) product selection mistakes including Product type, size, style, color and design layout; (d) accidental omissions including blank pages or empty photo boxes.
Customers should also note that image colors vary from computer monitor to computer monitor. Artifact Uprising relies on its professionally calibrated printing services and therefore cannot be responsible for color variations that might result from computer screen differences.
Like any book, Artifact Uprising recommends that customers handle their Products with care. Artifact Uprising cannot make returns for damages caused by poor handling, usage, storage or other mistreatment. Artifact Uprising cannot make returns for Products that demonstrate normal wear from time.
LIMITED WARRANTY ON PRODUCTS
Artifact Uprising offers a limited warranty on our products guaranteeing our products to be free of material imperfections. With the exception of the exceptions listed below, if your product should be defective, Artifact Uprising will replace it at no cost to you. To be eligible for a replacement product, you must contact our customer service team to notify them within fourteen (14) days of receiving your product. Artifact Uprising reserves the right to request the return of the defective Product to verify that it is defective and applicable for a return per this limited warranty.
GIFT CERTIFICATE POLICY
Gift certificates are redeemable online at Artifactuprising.com. Gift certificates expire one year from issue date. Purchasers of the gift certificate will receive a printable pdf with the product redemption code within two (2) business days of purchase.
Gift certificates are issued for a specific product and are non-transferable to other products. If total amount is greater than the amount of the gift certificate, remaining balance must be paid for via credit card. Shipping costs are in addition and will be charged at checkout. A balance will not carry over for any unused amount. Sales tax, where applicable will be applied at the time of redemption. We are unable to reissue gift certificates that have been lost or stolen without proper proof of purchase.
Artifact Uprising reserves the right to cancel or hold gift certificate orders for suspected fraud or for other violations of our terms and conditions.
If you return product originally purchased with a gift certificate, a new product redemption code will be issued. There is no cash value in the event of a return.
PRODUCT LIABILITY DISCLAIMER
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) ARTIFACT UPRISING EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
RELEASE
You hereby release Artifact Uprising, 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 your use of the Website or Products, including, but not limited to, deleted or lost data uploaded to the Company.
If you are a California resident, 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
INDEMNITY
You agree to defend, indemnify, and hold Artifact Uprising, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of the Terms, and/or your use and purchase of Products in violation of the Terms, and/or arising from your breach of any provision of the Terms.
RELATIONSHIP OF PARTIES
You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on the Company’s behalf. You will not make any statement, whether on your site or in your Product, that would reasonably contradict anything in this section.
COMPLETE AGREEMENT
These Terms are accepted upon your use of the Website or any of purchase of any Product. These Terms, including Privacy Policy which is incorporated by reference, is the final, complete and exclusive agreement between you and Artifact Uprising regarding your use of the Website or purchase of any Product and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Artifact Uprising to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
JURISDICTION
These Terms shall be governed by and construed in accordance with the law of the United States of America, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the United States of America’s courts.
BY USING THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE ARTIFACT UPRISING PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE PRODUCTS OFFERED ON THE SAME.
INTRODUCTION
These terms and conditions (“Terms”) are issued by Artifact Uprising, LLC d/b/a Artifact Uprising (“Artifact Uprising” or the “Company”). They apply to the entire contents of the website pages under the domain name: www.artifactuprising.com (the “Website”) and to the Products (as defined below) provided through the Website.
The Company provides web-based personal print-on-demand publishing products, including, but not limited to, Customer designed custom books, cards, calendars and other printed products (the “Products”).
By accessing any part of the Website, you shall be deemed to have accepted these Terms in full, whether you are a “Visitor” (you simply browse the Website) or you are a “Customer” (you have registered with the Company, set up an Account with the intention to purchase Products). The term “User” or “you” shall incorporate both the definition of Visitor and Customer.
Artifact Uprising may revise these Terms at any time by updating this posting and sending a notification to existing Customers. Any change to the Terms is effective to all existing Customers after thirty days of the Company sending an email notification to such Customers and any change is effective to all Visitors immediately upon posting the modification to the Terms on the Website. Users should check the Website from time to time to review the then current Terms. If you do not agree to a modification of the Terms, you must cease use of the Website.
You warrant that you possess the legal authority to enter into any agreement with the Company for purchase of the Products or to use this Website in accordance with these Terms and that you are thirteen (13) years of age or older.
Artifact Uprising reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) or offered Products with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website or Products.
You acknowledge that Artifact Uprising reserves the right to charge for its Products and to change its fees from time to time in its discretion. Upon ordering any Product, you will be responsible for the payment of any applicable fees, and shall pay such fees to Artifact Uprising.
COPYRIGHT POLICY
Copyright protection is very important to the Company, as such, it is Artifact Uprising’s policy to terminate account privileges of any Customer who infringes copyright and remove any infringing material from the Website immediately. This includes, but not limited to, you incorporating into your Products for purchase or uploading to the Website images or material that you do not have an express copyright license to reproduce. You agree to indemnify and hold Artifact Uprising harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section (as set forth in the section titled INDEMINITY, below).
If you believe that your work has been copied and posted on the Website or used in any Product in a way that constitutes copyright infringement, please provide the Company with a signed affidavit by you or by a person authorized to act on your behalf that, under the penalty of perjury, you have a good faith belief that the disputed use of the material is not authorized by copyright law, a description of the material that you claim has been infringed and a location of such material either being used in the Website or used in a Product.
Upon receipt of such affidavit describe in the above, the Company will internally investigate your claim. If the Company, in its discretion, believes the material does potentially infringe copyright law, the Company will use reasonable efforts to locate and remove such material from its Website, or if the material is incorporated into a Product, the Company will use reasonable efforts to send a notice to the Product’s owner to notify him/her of the claim of copyright infringement.
As is more particularly described in the sections, below, the Company has no liability to an owner of copyrighted material if the Company’s Users use or post such unauthorized material. An owner of copyright material may have a cause of action against a User; however, such owner’s exclusive remedy against the Company is only the one described in the above.
CONDITIONS AND TERMS FOR PRODUCTS If you order Products from our Website the Company will send you an email confirming receipt of your order, your order number, delivery address, description of Products ordered, the price, and the estimated production and shipping time range of the products.
Your order is an offer from you to the Company to purchase the Products. The Company’s acknowledgement of your order is not acceptance of your order.
The Company shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted.
Once payment has been received by the Company we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. The Company’s acceptance of your order brings in to existence a legally binding contract between you and the Company.
Illustrations, photographs, dimensions and descriptions of Products on the Website are intended as a general guide to the Products only and do not form part of the Company’s contract with you. Products may vary slightly in appearance from those depicted on the Website.
PAYMENT AND PRICES FOR PRODUCTS
The price payable for the Products that you order is shown on our Website. Delivery costs and applicable taxes will be shown separately in the checkout before you enter your details for payment.
The Company accepts payment by credit and debit card, it does not accept cash or check. The Company will not dispatch a Product until it has received payment from you. If for any reason payment is refused after the Company has dispatched the Products it will have the right to request the payment from you or recover the Products from you and charge you for the Company’s costs in recovering the Products or seeking further payment. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing Artifact Uprising with your credit card number and associated payment information, you agree that Artifact Uprising is authorized to immediately invoice your account for all fees and charges due and payable to Artifact Uprising as a result of your purchase of any Product.
DELIVERY OF PRODUCTS
The Company will deliver the Products ordered by you to the address you give to it for delivery at the time you make your order. The Company cannot guarantee when any item will be dispatched and is unable to specify a time for delivery. Please be aware that you are considered the importer of record and must comply with all laws and regulations of such country, including any tariffs or additional taxes.
You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and the Company will not be liable for their loss or destruction.
Neither the Company, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. The Company will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
RETURN AND GIFT CARD POLICY
All sales of Products and other products are subject to Artifact Uprising’s then-current return policies, as posted on the Website.
Any sales of Gift Cards are subject to Artifact Uprising’s then current gift card policies, as posted on the Website.
USE AND CUSTOMER ACCOUNTS
You warrant that any information that you provide when you register as a Customer is accurate and compete in all respects and you will notify Artifact Uprising of any changes to that information.
You are responsible for maintaining the confidentiality of your Artifact Uprising account (the “Account”) and password and for restricting access to your computer to prevent unauthorized access following registration.
You agree to not impersonate any other person or business or organization or to use a false name that you are not authorized to use. You agree not to use the Account, username, or password of another Customer at any time. You agree to notify Artifact Uprising immediately if you suspect any unauthorized use of your Account or access to your password.
The Company may disable any Account where it believes you have failed to comply with the Terms or the Company believes you are engaging in unauthorized use of the Website or Products.
As a condition of your use of the Website or purchase of a Product, you warrant to the Company that you will not use this Website or the Products for any purpose that is unlawful or prohibited by these Terms.
The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of Artifact Uprising.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to Artifact Uprising. This includes all text, graphics, images, photographs, video and sound material. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
USER MATERIAL AND CONDUCT
You agree that you will not incorporate into your Products or post or transmit to the Website the following material:
-any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
-any material for which you have not obtained all necessary licenses and/or approvals; or
-any material that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the USA or abroad; or
-any material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
-any material that states, implies or suggest that the Company is the publisher of your Product.
ARTIFACT UPRISING RESERVES THE RIGHT TO REFUSE TO PRINT ANY PRODUCT THAT CONTAINS CONTENT THAT IT DETERMINES, IN IT SOLE DISCRETION, IS WITHIN THE PROHIBITIONS IN the section above, and you agree to indemnify and hold Artifact Uprising harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of such section. The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of the above prohibitions.
Artifact Uprising does not own the data/photographs you upload to use in your ordered Product. In order for Artifact Uprising to able to provide you with your ordered Product, Artifact Uprising needs a copyright license (a “License”) from you to reproduce, store and distribute such Product. As such, you hereby grant to Artifact Uprising a non-exclusive, worldwide, fully-paid and royalty-free License to reproduce and distribute your ordered Product. You agree that Artifact Uprising reserves the right to maintain the electronic files for any Product(s) to fulfill any further orders which may be placed for such Product(s).
WEBSITE DISCLAIMER OF LIABILITY
By entering the Website you agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website. All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.
Although the Company takes all reasonable steps to ensure that the Website is safe for Users it is possible that material on the Website may be susceptible to data corruption,interception and unauthorized amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by you. The Company will not be held liable or responsible for any damage to your computer equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Website.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.
You enter the Website entirely at your own risk and if you are dissatisfied with any portion of the Website, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Website.
LIMITED LIABILITY ON WEBSITE USE
Artifact Uprising will not be responsible for any other loss you suffer through our failure to comply with the terms of these Terms. In particular the Company will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the Terms such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website, or your downloading of any material from this Website or any websites linked to this Website.
LIMITED LIABILITY ON PRODUCTS Artifact Uprising stands behind its products and strives for 100% customer satisfaction. As outlined in our Return Policy, Artifact Uprising guarantees against defects stemming from manufacturing and workmanship. Artifact Uprising will replace any defective Products which you report to Artifact Uprising via Artifact Uprising’s Order Support within fourteen (14) days of your receiving the defective product.
Due to the custom and personalized nature of our Products, Artifact Uprising cannot make returns for customer-driven mistakes or creative choices. It is important that the customer carefully proof the content and order details of their Products for the following: (a) poor image quality including low resolution images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, font choice or other text errors or omissions; (c) product selection mistakes including Product type, size, style, color and design layout; (d) accidental omissions including blank pages or empty photo boxes.
Customers should also note that image colors vary from computer monitor to computer monitor. Artifact Uprising relies on its professionally calibrated printing services and therefore cannot be responsible for color variations that might result from computer screen differences.
Like any book, Artifact Uprising recommends that customers handle their Products with care. Artifact Uprising cannot make returns for damages caused by poor handling, usage, storage or other mistreatment. Artifact Uprising cannot make returns for Products that demonstrate normal wear from time.
LIMITED WARRANTY ON PRODUCTS
Artifact Uprising offers a limited warranty on our products guaranteeing our products to be free of material imperfections. With the exception of the exceptions listed below, if your product should be defective, Artifact Uprising will replace it at no cost to you. To be eligible for a replacement product, you must contact our customer service team to notify them within fourteen (14) days of receiving your product. Artifact Uprising reserves the right to request the return of the defective Product to verify that it is defective and applicable for a return per this limited warranty.
GIFT CERTIFICATE POLICY
Gift certificates are redeemable online at Artifactuprising.com. Gift certificates expire one year from issue date. Purchasers of the gift certificate will receive a printable pdf with the product redemption code within two (2) business days of purchase.
Gift certificates are issued for a specific product and are non-transferable to other products. If total amount is greater than the amount of the gift certificate, remaining balance must be paid for via credit card. Shipping costs are in addition and will be charged at checkout. A balance will not carry over for any unused amount. Sales tax, where applicable will be applied at the time of redemption. We are unable to reissue gift certificates that have been lost or stolen without proper proof of purchase.
Artifact Uprising reserves the right to cancel or hold gift certificate orders for suspected fraud or for other violations of our terms and conditions.
If you return product originally purchased with a gift certificate, a new product redemption code will be issued. There is no cash value in the event of a return.
PRODUCT LIABILITY DISCLAIMER
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) ARTIFACT UPRISING EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
RELEASE
You hereby release Artifact Uprising, 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 your use of the Website or Products, including, but not limited to, deleted or lost data uploaded to the Company.
If you are a California resident, 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
INDEMNITY
You agree to defend, indemnify, and hold Artifact Uprising, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of the Terms, and/or your use and purchase of Products in violation of the Terms, and/or arising from your breach of any provision of the Terms.
RELATIONSHIP OF PARTIES
You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on the Company’s behalf. You will not make any statement, whether on your site or in your Product, that would reasonably contradict anything in this section.
COMPLETE AGREEMENT
These Terms are accepted upon your use of the Website or any of purchase of any Product. These Terms, including Privacy Policy which is incorporated by reference, is the final, complete and exclusive agreement between you and Artifact Uprising regarding your use of the Website or purchase of any Product and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Artifact Uprising to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
JURISDICTION
These Terms shall be governed by and construed in accordance with the law of the United States of America, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the United States of America’s courts.
