Terms and Conditions
Welcome to artofilina.com website. We’re glad you’re here. Our website is one of the main ways that we interact with our customers, and as such, there are legal ramifications to your use of the website and our services. These Terms of Service (hereinafter, the “Agreement”) state the terms and conditions that govern your use of this website and our other services.
1. LEGALLY BINDING CONTRACT
The first thing you should know is that this Agreement constitutes a legally binding contract between you and artofilina.com. Hereinafter, whenever we use the terms “artofilina.com,” “We,” “Us, or “Our,” please note that we are referring to artofilina.com and/or Ilina Filipova.
This Agreement applies to your use of this website as well as any services we provide, such as selling and delivering artwork and other products. This Agreement applies whether you are in Malta or another country.
You agree to this Agreement by doing any one of the following:
- Using, accessing, or viewing this website;
- Submitting content, such as product reviews, to us for publication;
- Ordering or purchasing artwork or other products from us.
2. GENERAL PROVISIONS APPLICABLE TO ALL USERS
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice. By using this website after such changes are made, you agree to such changes.
This Agreement constitutes the entire agreement between artofilina.com and you with respect to your use of this website and any transaction with artofilina.com, such as the purchase of artwork or other products or services. Any cause of action you may have with artofilina.com, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Artofilina.com disclaims any and all responsibility for content contained in any third party materials provided through links from this website.
You agree that you will not solicit any artists or galleries whose products are marketed and sold on Artofilina.com. You further agree that you will not solicit other visitors or users of Artofilina.com.
3. USING OUR WEBSITE
To use, view, or access this website, you must be at least eighteen (18) years old.
When you access, view, or use this website, you agree to the terms of this Agreement.
With the exception of Google, Yahoo!, Bing, AOL, and Ask, you agree that you will not use any spider, crawler, robot, or other computer program to copy or index this website or any content contained therein in any way.
We may change, suspend, or discontinue any aspect of this website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability.
This website may contain links and pointers to the other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. Note that such third party sites may have privacy policies different from ours. Accordingly, you access and use such third party content at your own risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
4. ORDERING AND PURCHASING PRODUCTS
To order and purchase products and the delivery of same (the “Products”) from Artofilina.com, you must be at least eighteen (18) years old.
When you order or purchase the Products, you agree to the terms of this Agreement.
While Artofilina.com and its Service Providers will attempt to make a perfect reproduction of any artwork sold on Artofilina.com in printed form, there may be certain imperfections that occur in making such reproductions. You agree that such imperfections may occur and are not a breach of any contract to purchase products from Artofilina.com.
Artofilina.com reserves the right to apply cropping, modification of color saturation, and any other editing of images which Artofilina.com, in its sole discretion, determines are necessary for the reproduction of the artwork at issue. You agree that Artofilina.com may make such editing to make such reproductions.
You agree that while you may crop an image in the selection of your product, the final product you receive may differ to some degree. Such difference shall not be considered a product defect and will not entitle you to return any such product.
You agree that Artofilina.com may utilize one or more third party vendors or subcontractors (“Service Providers”) to print or create products sold to you and to fulfill order production.
When an original work of art is sold, Artofilina.com acts as a third party vendor in the transaction. When a buyer clicks on the option to purchase an original artwork, Artofilina.com is notified, and will act as an intermediary between the buyer and the seller. The final price of the artwork may include shipping, which will be paid by the buyer. Artofilina.com will take a commission of 25% of the price of the artwork, but will not receive commission on the shipping charge. Once payment has been received by Artofilina.com, the seller will be notified to ship the artwork to the buyer. Once the buyer receives the artwork in good condition and has approved the artwork, then Artofilina.com will release the money to the seller, minus the 25% commission of Artofilina.com. Buyers who live outside the United States should comply with the local laws of their country in this transaction. Buyer agrees to hold Artofilina.com harmless from any liability regarding authenticity of the original work of art. The buyer will have sufficient time to research the artist and the artwork prior to making their purchase, and will have five business days to inspect the artwork. If they have any concerns regarding the artwork’s authenticity or any other issue, they will send an e mail to [email protected] within the five business day window from the time of receipt of the artwork. After the five day inspection period, if no notice is received from the buyer, Artofilina.com will release the appropriate payment to the seller. After this time period, the buyer and the seller agree that Artofilina.com will not be held responsible for any concerns, disputes or problems arising from this transaction. It is the responsibility of the seller to properly pack and ship the artwork safely, to the correct address of the buyer. The seller must also purchase the appropriate amount of shipping insurance. The seller must ship the artwork by a method (FedEx or certified mail, etc) in which the shipment can be tracked, and verification of the date of receipt can be confirmed.
5. DELIVERY POLICY
(1) Methods of Delivery
We deliver artwork and other products via FedEx, UPS or DHL.
(2) Timing of Delivery
We will make every attempt to accommodate delivery requests, however we do not guarantee deliveries at specific dates or specific times.
(3) Undeliverable Locations
While we can deliver to most locations in the United States, there are a few exceptions that we will address here. We cannot make deliveries to airport terminals, cemeteries, cruise ships, or trains.
6. CANCELLATION, RETURNS, AND REFUND POLICY
Artofilina.com stands behind its products and will repair or replace products within certain limitations. These limitations are essential to allow Artofilina.com to operate efficiently and to achieve finality in orders. Accordingly, by ordering products from Artofilina.com, you agree to the following:
- Any damage due to shipping in printed art products will be covered by the respective shipping agent. You are required to document the damage with supporting pictures, as these pictures will be submitted for insurance coverage. You must submit these pictures and any claim to Artofilina.com at [email protected] within 3 calendar days of receiving the respective shipment;
- With respect to wall hanging prints, any damage or defect that is related to the manufacture of the product (as opposed to shipping damage), will be replaced by Artofilina.com at no charge and Artofilina.com will pay for the accompanying shipping, if reported to Artofilina.com at [email protected] within 3 calendar days your receipt of the product and returned to Artofilina.com within 2 weeks of your receipt of the product. If you report such damage to Artofilina.com after 3 calendar days of your receipt of the product, or fail to return the product to Artofilina.com within 2 weeks of your receipt of the product, then Artofilina.com will not be responsible and will not replace the product. In such event, you may return the product to Artofilina.com at your expense, and Artofilina.com will either repair or replace the product at its discretion and the entire cost for such repair or replacement will be paid by you. Any email you send to Artofilina.com concerning such damage should describe your specific concerns and the specific damage to the product;
- There may be minor defects in the canvas, fine paper, and metal prints, which are occasional inherent defects associated with the manufacture of wall hanging prints. Artofilina.com is not responsible for accepting returns on products with such minor defects;
- Artofilina.com will not accept returns, exchanges, or refunds because the customer “changes their mind” or does not like a particular product upon receiving it. You may not cancel an order after receiving the product.
- When original artwork is shipped directly from the seller to the buyer, the buyer must notify Artofilina.com by e mail to [email protected], within five business days, regarding any concerns about authenticity, and one calendar day regarding any damage to the artwork. They buyer must provide Artofilina.com, by e mail, photographs of any damage.
7. PROVISIONS APPLICABLE TO ARTISTS, GALLERIES, AND OTHER SELLERS
- As an Artist, you hereby represent and warrant to Artofilina.com:
- (a) You are the sole copyright holder to any and all work that you submit to Artofilina.com to market and sell;
- (b) You own the copyright of the images which you upload or transmit to Artofilina.com to market and sell, whether for the sale of original artwork or prints on wall hanging or non-wall hanging products;
- (c) You are the sole owner and creator of any and all work you submit to Artofilina.com to market and sell;
- (d) You have all rights and releases for any work that you submit to Artofilina.com to market and sell in original form and as reproductions and other products, including wall hanging art, prints, framed prints, metal prints, canvas prints, mugs, wine boxes, mouse pads, T shirts, baggage tags, and any other products which may be sold on artofilina.com ;
- (e) Any work you submit to Artofilina.com to market or sell does not (1) violate the privacy of any person, (2) violate the right of publicity of any person or entity, (3) does not contain defamatory content, (4) does not infringe any third party’s copyright, (5) does not contain child pornography, (6) does not harass any individual or entity, and (7) does not disclose any confidential or proprietary information of any third party;
- (f) At the time that you submit any work to Artofilina.com to market or sell, there are no threatened or pending lawsuits, direct or indirect, affecting such work or the images of such work;
- (g) At the time that you submit any work to Artofilina.com to market and sell, you have not been asked to remove such work from any other website or gallery.
- As an Artist, you hereby agree to indemnify, defend, and hold Artofilina.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, third party vendors, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim concerning any work you submit to be marketed on Artofilina.com, including but not limited to claims for copyright infringement, invasion of privacy, defamation, infringement of the right of publicity, trademark infringement, or any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
- As an Artist, you understand and agree that:
- (a) Artofilina.com is not responsible for any financial, reputational, intellectual property or other property loss which you may suffer or may arise from your use or any third party’s use of Artofilina.com;
- (b) Artofilina.com is not responsible to you for any lost revenue or profits from your use of the Artofilina.com website;
- (c) Artofilina.com is not obligated to pursue any legal action against any alleged infringer of any copyright you may hold on any work. Artofilina.com recommends that you take appropriate steps to register the copyright in each work you own;
- (d) Artofilina.com uses third party vendors (“Service Providers”) to print and frame reproductions of works you submit to Artofilina.com to market and sell, as well as to store images of works you submit to Artofilina.com to market and sell. While Artofilina.com and its Service Providers will take reasonable measures to protect such images, there is an inherent risk of cyberattacks and theft of such images from Artofilina.com and its Service Providers. you hereby agree to indemnify, defend, and hold Artofilina.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, third party vendors, licensors, and licensees harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim concerning any work which may suffer from such an attack, as well as from an accidental loss of images or data.
- (e) You will provide Artofilina.com with your physical address so that Artofilina.com can send you notification regarding any claim for copyright infringement concerning any work or material you submit or post to Artofilina.com;
- (f) Artofilina.com may utilize one or more third party vendors or subcontractors (“Service Providers”) to print or create products and fulfill order production. You agree that these Service Providers may perform such functions;
- (g) Artofilina.com may offer affiliate programs for third party websites to market and sell products you submit for marketing and sale on Artofilina.com. You agree that these third party websites are granted license and permission to market and sell products based on your work;
- (h) If any work you submit to Artofilina.com is sold through a third party website, then the terms of such third party website apply in addition to Artofilina.com’s Terms of Service;
- (i) Artofilina.com will store images you submit on third party servers. When a product is ordered for which your image is required, your image may be downloaded by third party printer who will create the ordered product. Upon completion of such order fulfillment, the third party printer will be required to delete the image from their possession. A third party framer may also be used to frame a print of your work ordered on Artofilina.com. The final product may be shipped by such third party printers or framers to the buyer. You agree that these third party Service Providers are granted license and permission to perform these functions;
- (j) Artists that sell works, whether prints or originals, on Artofilina.com are only entitled to compensation as follows:
- i. For prints of wall hanging artwork, the Artist will receive the profits which they themselves select on the Artist Control Panel of this website. Artists will also receive 7% of the profits that Artofilina.com collects for the sale of frames and mats for the Artist’s work;
- ii. For prints of non-wall hanging artwork (such as mugs, mousepads, T-shirts, wine boxes, etc.), the Artist will receive the profits which they themselves select on the Artist Control Panel of this website;
- iii. Artists may change their profit selection on the Artist Control Panel of this website by logging into their account at any time;
- iv. If for any reason, Artofilina.com refunds any amount to a customer for the purchase of a product based on the Artist’s work, Artofilina.com will deduct such amount from the Artist’s future commissions;
11. (k) Artofilina.com will pay commissions to Artists only to each respective Artist’s PayPal account, which information you agree to provide to Artofilina.com. Commissions will be paid by Artofilina.com at the end of each month in a single payment for all commissions accrued in such month.
8. NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT OR OTHER INTELLUCTUAL PROPERTY INFRINGEMENT
If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on this website, please send written notice of claimed infringement to: [email protected]
At a minimum, any written notice of claimed infringement must contain the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You hereby agree to indemnify, defend, and hold Artofilina.com, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, vendors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU HEREBY AGREE AND ACKNOWLEDGE THAT THERE ARE RISKS TO USING THIS WEBSITE AND THE PRODUCTS. THE PRODUCTS (ARTWORK, FRAMES, PRINTS, MUGS, AND OTHER PRODUCTS ETC.) AND THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARTOFILINA.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE PRODUCTS AND THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, ARTOFILINA.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTOFILINA.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, MALWARE, SPYWARE, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ARTOFILINA.COM, ITS SUBSIDIARIES, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES WILL ARTOFILINA.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEABLE OR YOU PROVIDE NOTICE TO ARTOFILINA.COM OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO , DAMAGES FROM SPLINTERS FROM WOODEN MATERIAL, CUTS AND SCRATCHES FROM CERAMIC AND PORCELAIN MATERIAL, AND ALLERGIC REACTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT ARTOFILINA.COM’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS (EUR100.00) OR THE TOTAL AMOUNT YOU PAID TO ARTOFILINA.COM, WHICHEVER IS GREATER.
11. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with the laws of Malta, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in Malta. You agree to subject yourself to the personal jurisdiction of the courts of Malta.
Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Artofilina.com, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Artofilina.com (such as false advertising and fraud), and excluding defamation and intellectual property right infringement claims by Artofilina.com or its owners, officers, employees, and assigns, shall be settled solely by confidential binding arbitration administered by the Maltese Court System, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
All claims, excluding defamation and intellectual property right infringement claims by Artofilina.com or its owners, officers, employees, and assigns, shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Malta. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree not to raise the defense or argument of forum non conveniens.