Date of Last Revision: August 1, 2021.
Thank you for joining Our print subscription service (the “Service”)! This Service is provided to You, the client (“Client,” “You,” “Your”) by Intaglio Editions LLC, a Colorado limited liability company at 1768 Hauck St., Erie, CO 80516 (“Intaglio,” “Our,” “Us,” or “We”) in association and collaboration with various artists (collectively, the “Artist”) who created the artwork for the subject prints. You understand and agree that these TOU are entered into between you and Us. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Service, or any information or Content provided through the Service. We reserve the right to review, amend, edit, alter, or remove any part of these TOU at any time and without prior notice to you, although We will reasonably attempt to notify You of any changes via the email address You provide.
We are excited to provide you the opportunity to participate in the Service pursuant to the following terms in addition to the other provisions herein:
- The Service is a membership (“Membership”) in Our print subscription Service, which guarantees You the right to a similar, high-numbered, signed print of each of the Artist’s new editions that We produce during the term of Your Membership. We do not guarantee Your print number will always be the same, but We will reasonably endeavor to provide you with the same number of print to each edition.
- Each Membership is provided on a one-to-one basis, Membership to Artist, meaning, You will need a new Membership for each Artist You want to track through Our Service. Each Artist is accordingly associated with an individual Membership Fee, as defined below, applicable to that Artist’s prints and edition.
- The Membership costs [a/an] [one-time / annual], non-refundable membership fee of $250 for each Artist you track, due on the date of the initiation of the Membership [and at the beginning of any subsequent renewal] (each a “Membership Fee”). [Your Membership will automatically renew for each Artist You track on the anniversary of Your initial Membership, with the renewal Membership Fee becoming due on the date of renewal, unless You give Us notice of non-renewal at least prior to the date of renewal. You may provide such notice by emailing Us at firstname.lastname@example.org]
- Your Membership for each Artist will entitle You to discounts for certain prints, as determined in Our discretion.
- Your Membership for each Artist will allow You to pre-order prints from each Artist for whom You are subscribed.
- Upon advanced notice of any prints of any editions before We or the Artist release them to the general public, You will have 30 days, or through the release date of the prints, whichever is sooner (the “Purchase Deadline”), to purchase a print in the new edition. If You do not purchase a print by the Purchase Deadline, you waive any right to purchase the print pursuant to Your Membership in the Service. In order to purchase a print, You must complete payment for the print pursuant to the terms of these TOU.
- We reserve the right to from time-to-time raise the price, in Our discretion, of the Membership Fee applicable to each Artist.
In order to qualify to use Our Service or to establish a Membership, the following must all be true:
- You are age 18 or over, or You are a minor with specific parental or guardian consent to use and pay for the Service and Membership.
We reserve the right to change or include new requirements as We deem fit in Our sole discretion and without providing You prior notice.
ORDERS; PAYMENT; REFUND REQUESTS
In order to pay for the Service, Your Membership, or for a print or Our other goods, You may be required to provide Us information regarding Your credit card or other payment instrument. You represent and warrant such information is true and accurate, and that You are authorized to use the payment instrument. You agree to pay all fees due for any Service, print, or other service or good You order through Us at the time of purchase. The Membership Fee does not include any amounts You will owe for the print itself, which is separate and will be listed in association with the release of the Artist edition or the pre-release announcement you receive as part of Your Membership. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize Us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card is expired, or We, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. We do not have any obligation to provide You any Service, Membership, or prints unless and until full payment has been received or verified, as applicable and subject to these TOU. All fees and prices are listed and charged in association with the specific order You make. We reserve the right to change any of Our prices from time-to-time, without limitation or any prior notification to You. Your continued use of the Service or Your Membership after a price change becomes effective constitutes Your agreement to pay the changed/charged amount. Our Service and Memberships are not intended to be used by persons under the age of 18 unless under the specific supervision of their parent or guardian. Parents or guardians are responsible for all amounts charged or incurred by children or dependents.
All payments for the Service or a Membership, whether as an initial or renewed Membership fee, are at all times non-refundable. The availability of the Service is subject to change at any time. We shall have the right to refuse or cancel any order listed at an incorrect price or containing incorrect information. We shall have the additional right to refuse or cancel any orders whether or not We have already accepted the order or Your payment has already occurred. We shall promptly issue a credit or refund for any payment amounts already made for cancelled orders. Listed prices may not include shipping and handling or sales taxes, as applicable, which will be added to Your total purchase or invoice price.
Due to the nature of the prints, We are unable to accept returns on them. Please inspect Your order as soon as possible after receiving it. If there are any problems with it, please contact Us immediately at email@example.com. We will try to correct any problems with Your order, but do not make any such guarantee. In order to receive any such correction, You must provide us photo evidence of the issue by emailing customer service at the above email address. You may be required to provide Us additional information to appropriately handle Your issue.
If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. You must submit a claim by email at firstname.lastname@example.org. The email must contain the following information: (i) the words “Refund Request” in the subject line; (ii) a detailed reason for the refund request, including the order or invoice number, as applicable; and (iii) the name and reasonable contact information for You or Your contact representative. Failure to provide the request and other information as required above may disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval. Approved refunds will be paid using the payment method on file for the refunded party, or via any other method We determine is appropriate in Our sole and exclusive discretion.
Generally. As we make prints of new editions, We generally ship customer orders in the order We have received them. We aspire to process orders as quickly and accurately as possible. While We will use Our best efforts to promptly and reasonably fulfill every order, We cannot guarantee delivery within a certain timeframe. [Please contact Us for information on expedited shipping/delivery / If You want Your print sooner, please select an expedited shipping option at the purchase point for the print]. Once packages leave Our facility, We are not responsible for delivery delays or any other shipping, delivery, carrier, or related issues. You must direct all questions, comments, or concerns regarding such issues to the shipping carrier.
Shipping Charges. Shipping charges are calculated pursuant to the applicable carrier You choose to ship Your order: the United States Postal Service (“USPS”), the United Parcel Service (“UPS”) or DHL Express Worldwide (for International shipments). We recommend shipping within the U.S. for larger/heavier packages via UPS. We do not provide any refund or credit for receiver refused orders, regardless of the shipping destination. If We have to re-ship an order due to a receiver refusal, We will assess an additional shipping charge.
Expedited Shipments. For expedited shipments We use UPS Next Day Air, Second Day Air, and Three Day Select. You may choose which form of expedited shipment You would like to use. The pricing for each option is displayed at checkout.
Track Your Order. Once We prepare Your order for shipping, You should receive a carrier-generated email receipt and an email receipt from Us. Shipping information and a tracking number will be on Your receipt.
Shipments Outside of the United States. We ship international packages using either USPS Priority International Mail or DHL Express Worldwide. You are INDEPENDENTLY AND SOLELY responsible for any and all international or brokerage duties, taxes, or fees, INCLUDING BUT NOT LIMITED TO VAT. Please contact Your postal carrier and customs office to see how any such duties or fees apply or are assessed/collected.
You are responsible to pay tax, including sales tax, as applicable, associated with any purchase from Us, including but not limited to Memberships and prints. Tax will generally be applied at checkout.
In order to establish and manage Your Membership, You may have to register or provide certain user, personal, or contact information (collectively, “User Information”). You agree that at all times all such information is and will be accurate, complete and correct. We will at all times maintain confidentiality in User Information. If We have grounds, in Our reasonable and sole discretion, to suspect Your information is incorrect, misleading, outdated, or false, We have the right to suspend or terminate Your Membership and Your use of Our Service without refund, or to ask You to correct it with applicable suspension until You do. You agree to immediately notify Us of any unauthorized use of Your User Information in any way or of any other breach of security that You become aware of involving or relating to the Service or Your Membership. To report such an issue, please email Us at email@example.com. We may take any and all action We deem necessary or reasonable to maintain the security of the Service, and Your User Information.
You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Service under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use Our Service. If You are between the ages of 13 and 16 years old, You may only use Our Service with the approval of Your parent or legal guardian. You may not independently purchase anything via Our Service unless You are at least 18. You agree You will not violate any local, state, federal, or international laws in using Our Service or otherwise accessing any Material through Your Membership or Our Service.
The prints are protected by international copyright laws. All intellectual property, including without limitation, all copyrights embodied within any print, shall at all times remain the sole property of its author/owner (likely the Artist). By purchasing a print, You are the owner of that print. You do not, however, acquire any intellectual property (including copyright interest) or other right over the original artwork embodied in the print. You accordingly do not have the right to reproduce or display any print for any commercial purpose.
By providing Your email address to Us, You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. You may opt out of such communications at any time. An “unsubscribe” option will be included in any email communications to You. By opting out, You may decrease or preclude Your ability to participate in the Service or Our offerings.
Except as We expressly authorize, You agree, while using Your Membership or Our Service, You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use your Membership, the Service, or the prints to violate any local, state, national, or international law; (c) access or use the prints or Our Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (d) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Service, Your Membership, the prints, or related materials in any way; or (e) encourage or enable any other individual to undertake any of the conduct listed in this section.
These TOU will remain in full force and effect as long as You continue to access or use the Service or Your Membership. You may terminate the TOU at any time by discontinuing use of the Service and Your Membership. To terminate the Service or Your Membership, please contact us at firstname.lastname@example.org. Your permission to use the Service automatically terminates if You violate these TOU. Should You violate these TOU, We reserve the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Service, and any rights or licenses granted in association with it, in whole or in part, with or without prior notice, at any time, and based in Our sole and exclusive discretion.
Disclaimer of Warranties
OTHER THAN AS SPECIFICALLY CONTAINED IN THESE TOU, WE do not make any warranties or representations as to the provision of the Service. you acknowledge and agree THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, SUBJECT TO APPLICABLE LAW. OTHER THAN AS SPECIFICALLY CONTAINED IN THESE TOU, WE AND OUR AFFILIATES, INCLUDING OUR OFFICERS, PREDECESSORS, SUCCESSORS, DIRECTORS, MANAGERS, ASSIGNS, PARTNERS, MEMBERS, EMPLOYEES, ARTISTS, CONTRACTORS, LICENSORS, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE PRINTS THAT ARE THE SUBJECT OF IT AND YOUR MEMBERSHIP, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, AND QUIET ENJOYMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL WE OR OUR RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION IN ANY WAY WITH OUR SERVICE, YOUR MEMBERSHIP, THE PRINTS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR PURCHASE OF PRINTS PURSUANT TO THE SERVICE OR YOUR MEMBERSHIP. THIS IS TRUE EVEN IF WE OR OUR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law.
You agree to indemnify, defend, and hold Us harmless, including Our Related Persons, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, expert witness fees, court costs, and accounting fees), relating to or arising from, or alleged to arise from, Your violation of any warranty, obligation, or other term of these TOU.
GOVERNING LAW, DISPUTE RESOLUTION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These TOU and Your use of the Service and Your Membership shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Boulder, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The courts in Boulder, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these TOU apply to the maximum extent permitted by law. We and You each agree that if a party cannot enforce a part of these TOU as written, that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
No waiver by Us of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any content, materials or features of the Service, the Membership, or the prints create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. We and Our affiliates may, in Our sole and exclusive discretion, transfer, without further consent from or notification to You, all contractual rights and obligations pursuant to these TOU if some or all of Company’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.
How to Contact Us
Please contact Us at the below information to report any violations of these TOU, to ask questions, or to provide comments regarding Our Service, the Membership, the Membership Fee, or the prints.
Intaglio Editions LLC
1768 Hauck St.
Erie, CO 80516