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ArtRow Fine Art Inc. Terms and Conditions of Use

Updated April 7th, 2023

  1. Legal Agreement
    1. Legal Agreement. These Terms and Conditions (as amended from time to time, the “Agreement”) constitute a legal agreement between you (the “User”, “you” or “your”) and ArtRow Fine Art Inc. (“ArtRow”, “we”, “us” or “our”) regarding your use of our website (the “Site”) and the products, related services and features offered through the Site (collectively with the Site, the “Services”). 
    2. Capacity to contract.  You represent to us that you are 18 years old or older and lawfully able to enter into contracts.  If you are entering into this Agreement on behalf of an entity (such as a company or partnership), you represent to us that you have legal authority to bind that entity.
    3. Agreement governs buyers. You agree that if you take steps to purchase any artwork (“Artwork”) through the Site, this Agreement shall govern your transaction and use of the Services as a prospective purchaser and buyer (collectively, “Buyer”).
    4. Agreement governs sellers. You agree that if you advertise or sell any Artwork through the Site, this Agreement shall govern your transaction and use of the Services as a prospective vendor and seller (collectively, “Seller”).
  2. Use of Services
    1. General. By using the Services, you accept and agree to all of the provisions of this Agreement, effective upon the date of your first visit to the Site.  You may be denied access to the Services, with or without notice to you if you do not comply with the provisions of this Agreement.
    2. Limited License.  Subject to your agreement and continuing compliance with this Agreement, ArtRow’s <<Privacy Policy>> and any other policy or terms of ours, ArtRow grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. ArtRow and its affiliates reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
    3. Content.  You understand that by using the Services you will be exposed to content or products produced, created or made available for purchase by Sellers and other third parties, and that such content or products may be inaccurate, unlawful, harmful, inappropriate or deceptive.  ArtRow does not pre-screen content accessible through the Site and is not responsible for the accuracy, completeness or nature of any content accessed through the Site.  Unless otherwise agreed in writing with ArtRow, Users must undertake their own independent verification of such content. 
    4. Prohibited Uses and Acts.  Any use of the Services in violation of these Prohibited Uses and Acts is strictly prohibited and can result in the immediate revocation of your limited license granted under this Agreement and may subject you to liability for breach of contract and violations of law.  The following restrictions apply to the use of the Services:
    • you may not use the Services if you are under the age of 18;
    • only you will use any account that you create with us to access the Services, and you will ensure that your account(s) cannot be accessed by others (you are responsible for any use of the Services by anyone, including persons under the age of 18, who use your credit card or other payment instrument through your account with us);
    • you will not create an account with us using a false identity, false information or on behalf of someone other than yourself;
    • you will not create an account with us or use the Services if an account you created has been terminated by us or you have previously been banned from using the Services;
    • you will not use your account to engage in commercial activities, sales, advertising, soliciting, or transmitting of commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone, except as expressly permitted under the terms of this Agreement;
    • you will not use your account to engage in illegal conduct or for any illegal or unauthorized purpose, including in any way that violates copyright or other intellectual property rights or other laws applicable in Canada or applicable to you;
    • you will not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without our prior written permission;
    • you will not access or use an account with us that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed or otherwise transferred from the original account creator without our prior written permission; 
    • you will not interfere with or disrupt the operation of the Services or any server or network involved with the operation of the Services including, but not limited to:
      • monitoring or crawling of any of our systems;
      • inundating a target with communication requests so that the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; or
      • interfering with the proper functioning of any system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks or other flooding techniques;
    • you will not access or use the Services without permission including attempting to probe, scan or test the vulnerability of a system or to breach any security or authentication measures used by any system;
    • you will not modify another website so as to falsely imply that it is associated with the Site, the Services, ArtRow or other ArtRow products or services;
    • you will not, without our prior written permission:
      • copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services;
      • decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code used in connection with the operation of the Site or provision of the Services (except to the extent that this restriction is expressly prohibited by law); or
      • make derivative works of the Services; and
    • you will not use the Services or your account in any manner that otherwise violates any local, state or provincial, national or other applicable law or regulation.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES IS A VIOLATION OF THIS AGREEMENT AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

  1. Artwork Sales
    1. ArtRow is an intermediary. You understand we act as an intermediary for Buyers to purchase Artwork directly from Sellers. We are not an agent or fiduciary for any given User or party to any sale transaction or for any other purpose.  We are simply an intermediary that provides a forum for Buyers and Sellers of Artwork and for the receipt and delivery of proceeds (plus applicable taxes) from the sale of Artwork through the Site.  Unless expressly stated with respect to a particular piece of Artwork, ArtRow is not itself selling (as principal) any Artwork posted to the Site.
    2. Information provided to ArtRow. You understand we are not responsible for information provided by Users or third parties and posted to or provided through the Site and are not responsible for their acts or omissions.
    3. Intermediary services may be offered.  We may, but are not obligated, to provide, intermediary services between the Buyers and Sellers of Artwork sold through the Site relating to dispute resolution or customer service. If we decide, in our sole discretion, to provide such intermediary services, then our decisions in such matters will be binding and final on all parties and cannot be appealed or challenged in any respect.
    4. Artwork sold on an “as-is” basis. All Artwork offered through the Site is sold on an “as-is,” basis. Buyers are responsible for reviewing all the information provided about an Artwork and for verifying the provenance of the Artwork before making an order. Although we strive to provide accurate descriptions and images of Artwork available on the Site, we do not warrant that the descriptions and images are complete, accurate, authentic, current, reliable, or error-free. We are not responsible for independently verifying or investigating any Artwork, the rights of a Seller to sell such Artwork, the existence of any liens on the Artwork, or the authenticity, provenance, condition or quality of any Artwork offered for sale via the Services. Other than as expressly provided in this Agreement ArtRow makes no warranty, representation or guarantee, expressed or implied, to any Buyer with respect to the Artwork, including its quality, rarity, condition, provenance, merchantability, fitness for a particular purpose, importance, designer or creator, historical relevance, exhibitions, literature or as to whether the Buyer will acquire any intellectual property right or reproduction right in any Artwork.
    5. Seller’s Representations and Warranties. The Seller represents, warrants and covenants that they own, legally and beneficially, and hold all proprietary rights in the Artwork they post to the Site for sale, free and clear of all charges, mortgages and other third party rights and encumbrances and that the descriptions and images provided to ArtRow by the Seller of the Artwork are accurate, authentic, current, reliable and error free.  While ArtRow may provide suggestions as to proposed pricing of Artwork, the Seller is solely responsible for accurately pricing the Artwork and warrants that when the Seller lists an Artwork for sale on the Site, the Artwork is available for purchase.  We reserve the right to not post Artwork for sale if we consider the Seller’s price to be unreasonably high.
    6. Acceptance of order for Artwork. All orders for the purchase of Artwork made through the Site are subject to acceptance and the Seller will not be obligated to fulfill any order unless and until it accepts the order. The Seller agrees that when it accepts an order for the purchase of Artwork, the Seller has made a binding commitment to sell the Artwork and is obligated to fulfill the order, subject to the terms and conditions set out in this Agreement. Orders are subject to availability and acceptance, we may cancel or refrain from processing an order for any reason (including if the Artwork is not available, suspicion of fraud, pricing errors or other circumstances).If a Buyer’s order is accepted, we will send a confirmation through the Buyer’s account or by email with the order number, a summary of the item(s) ordered, and shipping and pricing details. If an order cannot be completed for any reason, we will notify the Buyer using the information provided by the Buyer when  the order was placed. Certain products available for purchase through the Site may be subject to additional terms and conditions which will be identified at the time of purchase. We also reserve the right to request identification and take additional steps to verify a Buyer’s identity prior to or after accepting or processing an order and to cancel an order if we are not satisfied with the information and documentation provided.
    7. Negotiable Price.  If a Seller has indicated that the price of an Artwork is negotiable, then the Buyer may submit an order through the Site to the Seller to purchase the Artwork at an alternative price selected by the Buyer (an “Offer”). The Seller, at its sole discretion, may: (i) accept the Offer; (ii) decline the Offer; or (iii) make a counter-offer to the Buyer (a “Counter-Offer”). By making a Counter-Offer, the Seller agrees to sell the Artwork to the Buyer at the Counter-Offer price and represents that the Artwork is available for immediate sale as long as the Buyer agrees to the Counter-Offer before the Counter-Offer lapses, and subject to any additional conditions contained in the Counter-Offer. Either the Buyer, the Seller, or ArtRow may place a time limit on the effectiveness of the Offer or Counter-Offer and each party acknowledges that the Offer or Counter-Offer will lapse at the end of the offer period. If the Buyer agrees to pay the Counter-Offer price, then the Buyer shall acknowledge that acceptance by either confirming the purchase on the “offer status section” page of the Buyer’s ArtRow account, or by confirming acceptance over the telephone. Once confirmation of the purchase occurs, a binding contract between the Seller and Buyer with respect to the sale and purchase of the Artwork is created and confirmed through the Buyer and Seller accounts or by an email from ArtRow, subject to this Agreement, and the Buyer will remit payment in accordance with Section 4 of this Agreement.
    8. Buyer responsible for permits. Artwork may require customs, cultural and regulated species permits for export from the country in which they are located or for import into the Buyer’s country, or may be subject to a right of purchase of the country of export or origin of purchase from the Buyer. We are not responsible for, and do not make any representation or warranty regarding, the requirement for, or the availability or issuance of, valid export or import permits or the existence or exercise of pre-emptive rights to purchase held by governmental, cultural or regulatory authorities anywhere.
    9. No contact outside Services. The User agrees not to use the Services (or use information obtained via the Services) to make Offers or Counter-Offers directly to other Users or to buy or sell an Artwork other than through the Site.  The User must notify ArtRow immediately by email at info@artrow.com if contacted directly by another User with respect to a purchase of Artwork. If a User violates this restriction, the User will be responsible for applicable fees associated with the purchase of the Artwork (plus sales taxes applicable to such fees) and must indemnify ArtRow for all expenses incurred in connection with monitoring and enforcing this restriction.
  2. Payment
    1. Orders and offers to purchase are binding. When the Buyer accesses the Services to purchase an Artwork and completes the checkout process, the Buyer agrees that they have made a binding commitment to purchase the Artwork listed in the order and will pay the listed prices in full using an authorized payment method.
    2. Payment through third-party service provider. By placing an order, the Buyer authorizes us and our third-party service providers to charge the Buyer’s selected payment method for all amounts listed on the checkout page. Please note that our third-party service providers may have additional rules, terms of use and policies for processing payments posted on their websites and may update such rules, terms of use and policies from time to time.
    3. Responsibility for taxes. The Buyer is responsible for paying all applicable sales and use taxes, VAT, export or import taxes and duties and all other transactional taxes or levies relating to each purchase made through the Site.  The Seller agrees to charge, collect and remit all collected taxes in accordance with applicable laws. Despite the foregoing, if ArtRow determines, in its sole discretion, that it is required by law to charge, collect or remit any such taxes or levies under applicable provincial, federal, state or other laws (as a marketplace facilitator, on behalf of the Seller or otherwise), ArtRow may charge, collect and remit such taxes. The Buyer is responsible for paying such taxes charged by the Seller or ArtRow, whether charged in the course of or after the applicable sale, and the failure of the Seller or ArtRow to collect or pay the taxes will not relieve the Buyer’s obligation to pay the same.
    4. ArtRow Collects Fees on Sale. ArtRow collects fees and commissions for the use of the Services, plus sales taxes applicable to the fees and commissions. By using the Services to list Artwork for sale, the Seller agrees to pay ArtRow the fees and commissions at the rates disclosed on the Site (plus applicable taxes) at the time when Artwork is posted to the Site and agrees that ArtRow may retain all fees and commissions (plus applicable taxes) in respect of Artwork sold through the Site from the sale proceeds of any Artwork sold by the Seller through the Site, before delivery of net sale proceeds to the Seller. Net sale proceeds, including any sales taxes collected for remittance by the Seller (see “Responsibility for taxes” above), will be sent to the Seller within 30 days of the later of (i) the date of sale and (ii) the expiry of the period during which the Buyer may claim a refund.  Sales taxes charged by ArtRow, including on ArtRow’s fees and commissions, will be identified on the applicable invoice. If the Buyer is entitled to a refund due to delivered Artwork being materially different from the Artwork posted to the Site for sale, no sale proceeds will be remitted to the Seller (see “Refunds” below). All fees and commissions disclosed on the Site in dollar amounts are expressed in Canadian Dollars.
    5. Representation about Source of Funds.  The User represents, warrants and covenants with ArtRow that any and all funds used to make any payment in connection with the purchase and sale of Artwork through the Site or otherwise in connection with the provision of Services will NOT be (i) proceeds of crime for purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) OR (ii) otherwise derived from or related to any activity that is deemed to be criminal under the laws of Canada, the United States or any other jurisdiction and the User will provide ArtRow with all information that ArtRow may request as to the source of such funds. 
  3. Shipping
    1. Shipping Destination provided by Buyer. Artwork ordered through the Site will be shipped to the destination provided by the Buyer at time of purchase through our third-party fulfillment partner.  The Buyer will receive an email with tracking information upon shipment of the order. Any shipping and delivery dates and times provided are only estimates and not guaranteed. 
    2. ArtRow not responsible for shipping losses or delays. We are not responsible for any loss or damage caused by a shipment delay. The Seller agrees that, from the time the purchase of an Artwork is completed, the Seller is responsible for any loss or damage until the purchased Artwork is deposited with the delivery service provider. The Buyer agrees that, title and risk of loss pass to the Buyer upon deposit of the purchased Artwork with the delivery service provider.  The Buyer is responsible for insuring the purchased Artwork against any damage, theft or other loss arising from after the time when risk of loss passes to the Buyer, either through the delivery service provider, through ArtRow or through a separate insurance provider. ArtRow disclaims any and all liability whatsoever for damage to or theft of Artwork during shipping.  If insurance is arranged through ArtRow, the coverage will be limited to $150,000 and the Buyer must insure for any excess. If Artwork is returned due to damage that is shown to have occurred during shipping, ArtRow will refund the purchase price paid by the Buyer, up to a maximum of $150,000.  We recommend, but do not guarantee, that Sellers follow packing procedures intended to protect Artwork throughout the shipping process. 
    3. Delivery of Artwork. Any person located at the delivery address who accepts a delivery from the delivery service provider is deemed to be authorized by the Buyer to receive such delivery. Any person accepting delivery at that address or who is otherwise designated by the Buyer to accept delivery will accept the delivery under the same terms and conditions that apply to the Buyer.
  4. Returns
    1. Timeliness. Unless otherwise posted in the listing for an Artwork, the Buyer will have two business days from receipt of the Artwork to initiate a return process for the Artwork  by contacting info@artrow.com.   A purchased Artwork may only be returned if damaged or materially different from the Artwork posted to the Site for sale.  The Buyer will be required to provide us with supporting evidence for any such claims.  If Artwork is returned due to damage that is shown to have occurred during shipping, ArtRow will arrange shipping for the return of the Artwork to ArtRow and ArtRow will refund the purchase price paid by the Buyer, up to a maximum of $150,000, upon ArtRow receiving the Artwork.
    2. ArtRow responsible for return shipping.  If eligible for return, we will arrange insured return shipping of the Artwork through our third-party delivery provider.
    3. Damage on returns. The Buyer agrees that Artwork will be returned in original condition, and if there is damage to the returned Artwork, we will deduct the estimated value of the damage, up to 100%, which we will determine in accordance with standard business practices, from any amount refunded to the Buyer.
    4. Refunds. Unless we otherwise agree, refunds for eligible, accepted returns of Artwork will be remitted to the same payment method used when purchasing the Artwork.  If the Buyer submits a valid claim for a refund because the Artwork made available for shipping by the Seller is materially different from the Artwork posted to the Site for sale, the Seller waives any right to receive proceeds from the sale of the Artwork and agrees to pay all outbound and return (to Seller) shipping charges incurred in respect of the Artwork, which we may deduct from any amounts payable to the Seller on account of any sale of Artwork through the Site. 
  5. Privacy
    1. Your Account. If you create an account with us you will be required to provide us with information which may include your name, birth date, location and e-mail address.  This information will be collected, stored, used and disclosed in accordance with our <<Privacy Policy>>.  You agree that you will provide us with accurate and current information and that you will update your information promptly if it changes.  All payment information will be provided to a third party payment provider and will be collected, stored, used and disclosed under the terms and conditions and privacy policy of that third party payment provider.  Users must familiarize themselves with such terms and conditions and privacy policies.  ArtRow is not responsible for any breach of privacy policies or laws by any third party.
    2. Privacy Policy.  Your use of the Services and any account you have with us is subject to our <<Privacy Policy>>, which is incorporated by reference into and made a part of this Agreement.  We prepared our <<Privacy Policy>> to make important disclosures about how we collect and use your information.  We encourage you to read our <<Privacy Policy>> carefully and use it to make informed decisions.
    3. Storage of Information.  You understand and agree that we may store and process your personal information on computers and servers located in Canada, the United States or elsewhere, and that by providing any information to us, you consent to the transfer of such information to, and storage of such information on, our servers. ArtRow may cooperate with and disclose information to any authority, government official or third party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an actual or alleged illegality or infringement of third party rights whether related or unrelated to your use or misuse of your account with us or the Services.
  6. Modification
    1. Modifications to Agreement. We may from time to time modify this Agreement or our <<Privacy Policy>> at any time by posting a notice of the amended Agreement or <<Privacy Policy>> on our Site at: www.artrow.com.  Except as otherwise stated, all such amendments shall be automatically effective 15 days after they are initially posted. Therefore, you should frequently review this Agreement to understand its terms and conditions. You will be deemed to have accepted the Agreement as amended if you continue to use the Services after any amendments are posted on the Site. We reserve the right to refuse to provide the Services, or any of our other services or products, to anyone at any time.
    2. No Other Changes.  Except in accordance with the Section 8.1 above, this Agreement or our <<Privacy Policy>> may not be otherwise amended other than by writing signed by you and us.  For the purposes of this Section, writing does not include email and signed does not include an electronic signature.
    3. Discontinue Use of Services.  If at any time you do not agree to, or cannot comply with, any portion of the then-current version of this Agreement, the <<Privacy Policy>> or any other policy, rule or terms relating to your use of the Services, your license to use the Services will immediately terminate and you must immediately stop using the Services. 
  7. Intellectual Property
    1. ArtRow Intellectual Property. ArtRow owns and reserves all right, title and interest of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Site, the Services and any other ArtRow product or service. The names, trademarks, logos and graphics files that represent the Services shall not be used without our permission. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by this Agreement. The Services are protected without limitation by Canadian copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved to ArtRow and our licensors.
    2. Your Content.  We claim no intellectual property rights or ownership over any information or content that you may make available through your account or your use of the Services.  Any information you provide to us remains yours.  By transmitting any information through the Services or through an account with us, you represent and warrant to us that (i) you own all right, title and interest in and to such information and the posting and use of such information will not breach or infringe any other person’s rights, including copyright, (ii) you have all rights in and necessary consents for and to use and disclose such information (including, but not limited to, consents required under applicable privacy laws), (iii) none of such information will violate this Agreement, (iv) such information is accurate and not confidential, (v) such information is free of viruses, adware, spyware, worms or other malicious code, and (vi) you acknowledge and agree that any of your personal information in such information may be collected, used and disclosed by ArtRow in accordance with our  <<Privacy Policy>>.  Sellers may not post descriptions of Artwork directly to the Site.  Rather, based on information provided by the Seller and otherwise available to ArtRow, ArtRow will prepare the description of the Artwork posted to the Site in order to maintain continuity and quality of content.  We will seek Seller approval of the description prior to posting.  Seller is responsible for the accuracy of description.
  8. User Submitted Content
    1. User is responsible for User Content. You are responsible for any content you provide to us, including with respect to Artwork posted to the Site, and any content you post to the Site, which may include reviews, comments, image uploading, captions, participating in forums, and other such features that allow Users to add content to the site (“User Content”). ArtRow is not responsible for the personally identifiable information or other information you choose to submit as User Content, and we reserve the right to remove any User Content generated by any User at any time at our sole discretion. By posting to the Site, you understand that once you post User Content, your content becomes public. ArtRow is not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
    2. Prohibited User Content. You may not: (i) provide User Content that you do not have the right to submit; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right; (ii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; (iii) provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; (iv) provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) impersonate anyone else or lie about your affiliation with another person or entity in your User Content; (vi) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or (vii) provide User Content which disparages us or our vendors, partners, sellers, representatives and affiliates. 
    3. License to use User Content. Except as otherwise specifically provided, if you post User Content to the Site, you agree: (i) to grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; (ii) that you own or otherwise control all of the rights to the content that you post; (iii) that the content is accurate; (iv) that the content does not violate the Agreement or any law or regulation and (v) the content will not cause injury to any person or entity.
  9. Third Party Web Accounts, Services and Software
    1. Links. The Services may contain links to other web accounts, services or software provided by third parties (“Third Party Content”) and over which ArtRow has no control. Links from the Services to Third Party Content are provided for your convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ArtRow or its affiliates, and neither ArtRow nor its affiliates is responsible for any Third Party Content accessed through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, security, privacy practices, terms or other policies of or contained in or governing the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by ArtRow. If you decide to access or post the Third Party Content, you do so at your own risk and you should be aware that ArtRow terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Content you navigate to from the Services or relating to any Third Party Content you use or post. ArtRow reserves the right to change, modify or delete links to Third Party Content without notice. 
  10. Disclaimers, Warranties and Limitation of Liability
    1. “AS IS” BASIS. THE SERVICES AND ALL INFORMATION AND CONTENT AVAILABLE ON THE SITE AND ALL ARTWORK POSTED FOR SALE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, CONDITION, AUTHENTICITY, QUALITY, RARITY, ACCURACY, ATTRIBUTION, PROVENANCE, GENUINENESS, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, THE CHARACTER OR REPUTATION OR BUSINESS PRACTICES OF THE SELLER OR ANY OTHER USER,  THE AUTHENTICITY OR PROVENANCE OF ARTWORK, INTELLECTUAL PROPERTY RIGHTS IN ARTWORK, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    2. WARRANTY DISCLAIMER. WE DO NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR MEET YOUR REQUIREMENTS, OR (II) THE INFORMATION, CONTENT, IMAGES OR SERVICES AVAILABLE ON THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, USEFUL OR RELIABLE OR MEET YOUR EXPECTATIONS.
    3. LIMITATION OF LIABILITY. IN NO EVENT WILL ARTROW, ITS SUCCESSORS, AFFILIATES OR ASSIGNS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU (WHETHER JOINTLY OR SEVERALLY) FOR INDIRECT, DIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, AGGRAVATED, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF ARTROW OR ITS SUCCESSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WE DISCLAIM ALL LIABILITY FROM OR RELATING TO: (I) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO THE SERVICES OR USE OR DOWNLOAD OF ANY INFORMATION OR CONTENT AVAILABLE ON THE SERVICES, (II) DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, (III) SERVICE OUTAGES, FAILURE OF OUR SERVICE PROVIDERS, VIRUSES, MALWARE, NATURAL DISASTERS, DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL, (IV) THE CONTENT OF OR OUTCOMES FROM ANY OFFER OR SALE OR THE ACTS OR OMISSIONS OF SITE USERS, (V) ANY DAMAGE TO ARTWORK DURING PACKAGING OR SHIPPING, AND (VI) ANY RELIANCE PLACED ON THE SERVICES AND INFORMATION AND CONTENT AVAILABLE ON THE SITE BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
  11. General
    1. Fees.  You are responsible for any fees, including internet connection, data or other mobile fees that you incur when accessing the Services.
    2. Third Party Service Providers.  You acknowledge that ArtRow uses third party vendors and hosting partners to provide the necessary hardware, software, networking, payment processing, storage and related technology required to run the Services and for shipping and insurance.  Your personal information may be provided to these third party service providers.  See our  <<Privacy Policy>>.
    3. Governing Law and Arbitration. This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein excluding application of any conflict of laws principles that would apply a different body of law and excluding the United Nations Convention on Contracts for the International Sale of Goods. In the event of a dispute, you agree to finally settle the dispute exclusively by arbitration by one arbitrator, selected by ArtRow in its sole discretion, under the Rules of Arbitration of the British Columbia International Commercial Arbitration Centre. Arbitration shall take place in Victoria, British Columbia or Vancouver, British Columbia, as determined in the sole discretion of ArtRow. Notwithstanding the foregoing, nothing in this Agreement will prevent us from seeking injunctive or other equitable relief before any court having jurisdiction over you or otherwise over such subject matter.  The Services are intended for use only in jurisdictions where they may lawfully be offered for use.
    4. Technical Support. ArtRow is not under any obligation to provide you with any technical support in connection with your use of the Services.
    5. No Waiver. No failure or delay by ArtRow, its affiliates or its successors in enforcing any right or exercising will be deemed a waiver of any right or remedy.  Any waiver granted will not be construed as a continuing waiver.
    6. Force Majeure.  ArtRow will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquake, storms or other elements of nature, pandemics, epidemics, blockades, embargoes, riots, acts or orders of government, acts of terrorism or war.
    7. Assignment.  You may not assign this Agreement or any of your obligations hereunder to any person without the prior written consent of ArtRow.  Any such assignment or transfer in violation of this Section will be void.  Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
    8. Severability. If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.
    9. Conflict with Other Terms.  In the event that any other rule, policy or term of ours conflicts with or is inconsistent with this Agreement or the <<Privacy Policy>>, the terms and conditions of this Agreement or the <<Privacy Policy>>, as applicable, will govern.
    10. Contact. You may contact ArtRow at info@artrow.com or 738 Fort Street, Victoria, British Columbia, V8W 1H2.  We may contact you and provide you with notices using the email address attached to your account, which you agree to keep current.
    11. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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