Terms of service
OVERVIEW
Welcome to ARTN! The terms "we", "us" and "our"
refer to ARTN. ARTN operates this store and
website, including all related information,
content, features, tools, products and services in
order to provide you, the customer, with a curated
shopping experience (the "Services"). ARTN is
powered by Shopify, which enables us to provide
the Services to you.
The below terms and conditions, together with any
policies referenced herein (these "Terms of
Service" or "Terms") describe your rights and
responsibilities when you use the Services.
Please read these Terms of Service carefully, as
they include important information about your
legal rights and cover areas such as warranty
disclaimers and limitations of liability.
By visiting, interacting with or using our
Services, you agree to be bound by these Terms of
Service and our Privacy Policy [LINK]. If you do
not agree to these Terms of Service or Privacy
Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you
represent that you are at least the age of
majority in your state or province of residence,
and you have given us your consent to allow any of
your minor dependents to use the Services on
devices you own, purchase or manage.
To use the Services, including accessing or
browsing our online stores or purchasing any of
the products or services we offer, you may be
asked to provide certain information, such as your
email address, billing, payment, and shipping
information. You represent and warrant that all
the information you provide in our stores is
correct, current and complete and that you have
all rights necessary to provide this information.
You are solely responsible for maintaining the
security of your account credentials and for all
of your account activity. You may not transfer,
sell, assign, or license your account to any other
person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate
representation of our products and services in our
online stores. However, please note that colors or
product appearance may differ from how they may
appear on your screen due to the type of device
you use to access the store and your device
settings and configuration.
We do not warrant that the appearance or quality
of any products or services purchased by you will
meet your expectations or be the same as depicted
or rendered in our online stores.
All descriptions of products are subject to change
at any time without notice at our sole discretion.
We reserve the right to discontinue any product at
any time and may limit the quantities of any
products that we offer to any person, geographic
region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer
to purchase. ARTN reserves the right to accept or
decline your order for any reason at its
discretion. Your order is not accepted until ARTN
confirms acceptance. We must receive and process
your payment before your order is accepted. Please
review your order carefully before submitting, as
ARTN may be unable to accommodate cancellation
requests after an order is accepted. In the event
that we do not accept, make a change to, or cancel
an order, we will attempt to notify you by
contacting the e-mail, billing address, and/or
phone number provided at the time the order was
made.
Your purchases are subject to return or exchange
solely in accordance with our Refund Policy
[LINK].
You represent and warrant that your purchases are
for your own personal or household use and not for
commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to
change without notice. The price charged for a
product or service will be the price in effect at
the time the order is placed and will be set out
in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include
taxes, shipping, handling, customs or import
charges.
Prices posted in our online stores may be
different from prices offered in physical stores
or in online or other stores operated by third
parties. We may offer, from time to time,
promotions on the Services that may affect pricing
and that are governed by terms and conditions
separate from these Terms. If there is a conflict
between the terms for a promotion and these Terms,
the promotion terms will govern.
You agree to provide current, complete and
accurate purchase, payment and account information
for all purchases made at our stores. You agree to
promptly update your account and other
information, including your email address, credit
card numbers and expiration dates, so that we can
complete your transactions and contact you as
needed.
You represent and warrant that (i) the credit card
information you provide is true, correct, and
complete, (ii) you are duly authorized to use such
credit card for the purchase, (iii) charges
incurred by you will be honored by your credit
card company, and (iv) you will pay charges
incurred by you at the posted prices, including
shipping and handling charges and all applicable
taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery
delays. All delivery times are estimates only and
are not guaranteed. We are not responsible for
delays caused by shipping carriers, customs
processing, or events outside our control. Once we
transfer products to the carrier, title and risk
of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all
trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, and
the design, selection, and arrangement thereof,
are owned by ARTN, its affiliates or licensors and
are protected by U.S. and foreign patent,
copyright and other intellectual property laws.
These Terms permit you to use the Services for
your personal, non-commercial use only. You must
not reproduce, distribute, modify, create
derivative works of, publicly display, publicly
perform, republish, download, store, or transmit
any of the material on the Services without our
prior written consent. Except as expressly
provided herein, nothing in these Terms grants or
shall be construed as granting a license or other
rights to you under any patent, trademark,
copyright, or other intellectual property of ARTN,
Shopify or any third party. Unauthorized use of
the Services may be a violation of federal and
state intellectual property laws. All rights not
expressly granted herein are reserved by ARTN.
ARTN's names, logos, product and service names,
designs, and slogans are trademarks of ARTN or its
affiliates or licensors. You must not use such
trademarks without the prior written permission of
ARTN. Shopify's name, logo, product and service
names, designs and slogans are trademarks of
Shopify. All other names, logos, product and
service names, designs, and slogans on the
Services are the trademarks of their respective
owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools
offered by third parties as part of the Services,
which we neither monitor nor have any control nor
input.
You acknowledge and agree that we provide access
to such tools "as is" and "as available" without
any warranties, representations or conditions of
any kind and without any endorsement. We shall
have no liability whatsoever arising from or
relating to your use of optional third-party
tools.
Any use by you of the optional tools offered
through the site is entirely at your own risk and
discretion and you should ensure that you are
familiar with and approve of the terms on which
tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new features
through the Services (including the release of new
tools and resources). Such new features shall also
be deemed part of the Services and are subject to
these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks
to websites provided or operated by third parties
(including any embedded third party
functionality). We are not responsible for
examining or evaluating the content or accuracy of
any third-party materials or websites you choose
to access. If you decide to leave the Services to
access these materials or third party sites, you
do so at your own risk.
We are not liable for any harm or damages related
to your access of any third-party websites, or
your purchase or use of any products, services,
resources, or content on any third-party websites.
Please review carefully the third-party's policies
and practices and make sure you understand them
before you engage in any transaction. Complaints,
claims, concerns, or questions regarding
third-party products and services should be
directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ARTN is powered by Shopify, which enables us to
provide the Services to you. However, any sales
and purchases you make in our Store are made
directly with ARTN. By using the Services, you
acknowledge and agree that Shopify is not
responsible for any aspect of any sales between
you and ARTN, including any injury, damage, or
loss resulting from purchased products and
services. You hereby expressly release Shopify and
its affiliates from all claims, damages, and
liabilities arising from or related to your
purchases and transactions with ARTN.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the
Services is subject to our Privacy Policy, which
can be viewed here [LINK], and certain personal
information may be subject to Shopify's Privacy
Policy, which can be viewed here. By using the
Services, you acknowledge that you have read these
privacy policies.
Because the Services are hosted by Shopify,
Shopify collects and processes personal
information about your access to and use of the
Services in order to provide and improve the
Services for you. Information you submit to the
Services will be transmitted to and shared with
Shopify as well as third parties that may be
located in other countries than where you reside,
in order to provide services to you. Review our
privacy policy [LINK] for more details on how we,
Shopify, and our partners use your personal
information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise
transmit any ideas, suggestions, feedback,
reviews, proposals, plans, or other content
(collectively, "Feedback"), you grant us a
perpetual, worldwide, sublicensable, royalty-free
license to use, reproduce, modify, publish,
distribute and display such Feedback in any medium
for any purpose, including for commercial use. We
may, for example, use our rights under this
license to operate, provide, evaluate, enhance,
improve and promote the Services and to perform
our obligations and exercise our rights under the
Terms of Service.
You also represent and warrant that: (i) you own
or have all necessary rights to all Feedback; (ii)
you have disclosed any compensation or incentives
received in connection with your submission of
Feedback; and (iii) your Feedback will comply with
these Terms. We are and shall be under no
obligation (1) to maintain your Feedback in
confidence; (2) to pay compensation for your
Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit
or remove Feedback that we determine in our sole
discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
You agree that your Feedback will not violate any
right of any third-party, including copyright,
trademark, privacy, personality or other personal
or proprietary right. You further agree that your
Feedback will not contain libelous or otherwise
unlawful, abusive or obscene Feedback, or contain
any computer virus or other malware that could in
any way affect the operation of the Services or
any related website. You may not use a false email
address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties
as to the origin of any Feedback. You are solely
responsible for any Feedback you make and its
accuracy. We take no responsibility and assume no
liability for any Feedback posted by you or any
third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the
Services that contain typographical errors,
inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers,
product shipping charges, transit times and
availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change
or update information or cancel orders if any
information is inaccurate at any time without
prior notice (including after you have submitted
your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful
purposes only. You may not access or use the
Services, directly or indirectly: (a) for any
unlawful or malicious purpose; (b) to violate any
international, federal, provincial or state
regulations, rules, laws, or local ordinances; (c)
to infringe upon or violate our intellectual
property rights or the intellectual property
rights of others; (d) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or
harm any of our employees or any other person; (e)
to transmit false or misleading information; (f)
to send, knowingly receive, upload, download, use,
or re-use any material that does not comply with
the these Terms; (g) to transmit, or procure the
sending of, any advertising or promotional
material, including any "junk mail," "chain
letter," "spam," or any other similar
solicitation; (h) to impersonate or attempt to
impersonate any other person or entity; or (i) to
engage in any other conduct that restricts or
inhibits anyone's use or enjoyment of the
Services, or which, as determined by us, may harm
ARTN, Shopify or users of the Services, or expose
them to liability.
In addition, you agree not to: (a) upload or
transmit viruses or any other type of malicious
code that will or may be used in any way that will
affect the functionality or operation of the
Services; (b) reproduce, duplicate, copy, sell,
resell or exploit any portion of the Services; (c)
collect or track the personal information of
others; (d) spam, phish, pharm, pretext, spider,
crawl, or scrape; or (e) interfere with or
circumvent the security features of the Services
or any related website, other websites, or the
Internet. We reserve the right to suspend,
disable, or terminate your account at any time,
without notice, if we determine that you have
violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to
the Services (or any part thereof) in our sole
discretion at any time without notice, and you
will remain liable for all amounts due up to and
including the date of termination.
The following sections will continue to apply
following any termination: Intellectual Property,
Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification,
Severability, Waiver; Entire Agreement,
Assignment, Governing Law, Privacy Policy, and any
other provisions that by their nature should
survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the
Services is made available solely for general
information purposes. We do not warrant the
accuracy, completeness, or usefulness of this
information. Any reliance you place on such
information is strictly at your own risk. We
disclaim all liability and responsibility arising
from any reliance placed on such materials by you
or any other visitor to the Services, or by anyone
who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY ARTN, THE SERVICES
AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE
PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE,
WITHOUT ANY REPRESENTATION, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, DURABILITY, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT
OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE
SHALL ARTN, OUR PARTNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS OR LICENSORS, OR THOSE OF
SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOST REVENUE, LOST
SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY
SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE
SERVICES OR ANY PRODUCTS PROCURED USING THE
SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF THE
SERVICES OR ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
ARTN, Shopify, and our affiliates, partners,
officers, directors, employees, agents,
contractors, licensors, and service providers from
any losses, damages, liabilities or claims,
including reasonable attorneys' fees, payable to
any third party due to or arising out of (1) your
breach of these Terms of Service or the documents
they incorporate by reference, (2) your violation
of any law or the rights of a third party, or (3)
your access to and use of the Services.
We will notify you of any indemnifiable claim,
provided that a failure to promptly notify will
not relieve you of your obligations unless you are
materially prejudiced. We may control the defense
and settlement of such claim at your expense,
including choice of counsel, but will not settle
any claim requiring non-monetary obligations from
you without your consent (not to be unreasonably
withheld). You will cooperate in the defense of
indemnified claims, including by providing
relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of
Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of
Service, such determination shall not affect the
validity and enforceability of any other remaining
provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right
or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in
respect to the Service constitutes the entire
agreement and understanding between you and us and
governs your use of the Service, superseding any
prior or contemporaneous agreements,
communications and proposals, whether oral or
written, between you and us (including, but not
limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against
the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this
Agreement or any of your rights or obligations
under these Terms without our prior written
consent, and any such attempt will be null and
void. We may transfer, assign, or delegate these
Terms and our rights and obligations without
consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed
by and construed in accordance with the federal
and state or territorial courts in the
jurisdiction where ARTN is headquartered. You and
ARTN consent to venue and personal jurisdiction in
such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included
for convenience only and will not limit or
otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the
Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to
update, change, or replace any part of these Terms
of Service by posting updates and changes to our
website. It is your responsibility to check our
website periodically for changes. We will notify
you of any material changes to these Terms in
accordance with applicable law, and such changes
will be effective on the date specified in the
notice. Your continued use of or access to the
Services following the posting of any changes to
these Terms of Service constitutes acceptance of
those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be
sent to us at info@wearartn.com.
Our contact information is posted below:
ARTN
info@wearartn.com