Terms of Service

Terms of Service

Last changed on
April 1st, 2018 

Terms of service are usually pretty long and boring and … well, no fun. We encourage you to read the entire thing, but we figure most people won’t.  So, we just want you to know up front that what governs us personally is the Golden Rule.  We’ll try to treat you as we’d like to be treated, and we’ll try to have fun.  That’s just who we are.

We’ve colored the stuff we want you to pay extra attention to in blue.

Overview

Please read these Terms of Service carefully before accessing or using our Website.  We refer to Deep Urban Fine Art as “we,” “you,” “our,” “DeepUrban.com,” “Deep Urban,” “Site,” or “Website.”  The terms “you,” “your,” and “yours” refer to the user of the Site.  By accessing or using any part of this Website, you agree to be bound by these Terms of Service.  If you do not accept and agree to all provisions of the Terms of Service, either now or in the future, you must immediately terminate all access and use of DeepUrban.com and any services we provide.  We reserve the right to update, change or replace any part of these Terms of Service, and it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or our  Services following the posting of any changes constitutes acceptance of those changes.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and of the State of Washington.

General Conditions

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of DeepUrban.com without our express written permission. You agree not to use our Products or Services for any illegal or unauthorized purpose, including but not limited to violation of copyright laws. Deep Urban is not responsible for the actions of any third party services we recommend, list, or advertise. A breach or violation of any of these Terms of Service may result in an immediate termination of your right to use the Site and/or Services. We reserve the right to refuse access to the Site and/or Services to anyone for any reason at any time.

You agree that we’re not attorneys, psychologists, physicians, building contractors, interior designers, nor financial or investment experts, that we don’t dispense legal, psychological, financial, construction, or medical advice, and that if you need such advice, you should seek an appropriate professional.

Information on this Site may not be complete, accurate, or current, is provided for general information only, and should not be relied upon or used as the sole basis for making decisions. Any reliance on information presented on this site is at your own risk.

Use of the Site by Minors

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.

Modifications to the Service and/or Prices

Prices for our Products and Services are subject to change without notice, and we are not liable for any modification, price change, suspension or discontinuance of the Site or the products and services.

Products and Services

We reserve the right to limit, cancel, or refund the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.  All descriptions of Products and Services or Product and Service pricing are subject to change at anytime without notice. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited.

Limitation of Rights Purchased With Artwork

The right of display is conveyed with any artwork purchased from us.  No other rights are conveyed, including, but not limited to, moral rights, the right of reproduction, and the right to the creation of derivative works.

Return Policy

We want you to be happy with your art. If it turns out that you’re not as in love with your new art as you thought you’d be, you can return it. Returns must returned to us undamaged and packed using all of their original shipping materials. They must be given over to the return carrier within 5 business days of delivery. After we receive the returned, undamaged artwork, we will inspect it and refund the purchase price minus a $30 re-stocking fee.

Shipping Policy

We usually ship in-stock artwork within one business day, and commissioned art is usually shipped within 2 weeks (often well before that). We will send you a tracking number and an estimated delivery date within 24 hours after your artwork is shipped.

We do not require a signature unless you ask us to in the “Note to Seller” box at checkout.  If you do not ask for a signature-upon-delivery, we will not be responsible for shipments that are lost, stolen, misdirected or damaged in transit or upon delivery.  

If you do ask for a signature-upon-delivery and your shipment is obviously damaged in transit (which has happened with fewer than 1% of our shipments), you should take a picture of the package and refuse to sign for it. Then, and only then, can we refund your full purchase price.  If you or someone else signs and accepts the package, you will be subject to our regular returns/refunds policies.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made using the Site. You agree to promptly update any account information you have given us.

Third Party Links

We do not warrant and will not have any liability or responsibility for, nor are we responsible for examining or evaluating the content or accuracy of, any materials, products, or services of third-parties, whether or not they were presented on or accessed via hyperlink from our website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or vendors.  We are not liable for any damage or harm caused by the improper display, hanging, or handling of our artwork or for the use of inadequate hanging techniques or hardware.

Ads

If you purchase an ad on DeepUrban.com, it will share space with other such ads, and we do not guarantee that every visitor to the Site will see your ad. If you or we terminate your use of the Service for any reason, we may also terminate your ad, and no refund, partial refund, or credit will be issued.

Your Content, Including Comments, Feedback, and Other Submissions

You grant and assign and represent and warrant that you have the right to grant and assign, to Deep Urban a perpetual, irrevocable, unlimited, fully paid-for, fully sub-licensable (through multiple tiers), worldwide license to display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) copy, perform, and otherwise use any content that you transmit to us or post to our Site. You also expressly grant and assign to Deep Urban all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post or transmit to Deep Urban).  If, at our request, you send certain specific submissions (for example, contest entries), or you send creative ideas, suggestions, proposals, plans, sketches, artwork, or other materials without a request from us, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such material that you forward to us. We shall be under no obligation to pay compensation for, maintain confidence about, or respond in any way to such material.

Prohibited Content and Uses

Content prohibited from DeepUrban includes, but is not limited to offensive, defamatory, threatening, hateful, or pornographic content; content that discloses another’s personal information; false content (including but not limited to false, fraudulent, or misleading credentials or responses to other users that are posted on DeepUrban.com); illegal content or content that advertises illegal goods or services; any other product or service that would violate these Terms of Service; and content that promotes mis-categorized or unsolicited products or services. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. You agree that any information or comments you send us will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that such information or comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any information or comments. You are solely responsible for any information or comments you send us and for their accuracy. We take no responsibility and assume no liability for any information or comments posted by you or by any third-party.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site and/or Service or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website, and/or our Services,  for violating any of the prohibited uses.

Personal Information

Your submission of personal information through the Site and/or Service is governed by our Privacy and Cookie Policy, which is here declared a part of and incorporated into these Terms of Service.

Your Conduct, Disclaimer of Warranty, and Limitation of Liabilities

You expressly agree that you must perform due diligence with respect to our Products and Services, including any investigation or action that is necessary, prudent, and appropriate to ensure your safety and satisfaction. You agree to indemnify and hold harmless Deep Urban and its owners, representatives, artists, and employees from and against any claim, cause of action, demand, or damages, whether yours or a third party’s, related to or arising from the use or installation, storage, or display of our products and services or from your conduct or activities on, through, or related to Deep Urban.com and the use of its products and services. This indemnification obligation includes the payment of any attorney fees and/or costs incurred by Deep Urban or its representatives. We do not guarantee, represent or warrant that your use of the Site, products, or services will be uninterrupted, timely, secure or error-free. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ 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, value, and non-infringement. In no case shall Deep Urban or any of its representatives, including but not limited to its owners, artists, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors) 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 Site and/or any Products or Services procured using the Site, or for any other claim related in any way to your use of the Site and/or Service or any product or service offered thereby, 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 Site and/or Service or any content (or product or service) posted, transmitted, or otherwise made available via the Site and/or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Deep Urban and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Dispute Resolution

If a dispute arises between you and Deep Urban in connection with your use of the Site or any Products or Services obtained through the Site, both parties shall attempt, promptly and in good faith, to resolve any dispute. If the parties are unable to resolve any such dispute within 30 days, then either party may submit the dispute for mediation. If such mediation does not resolve the dispute within 60 days, the dispute can then only then be resolved by arbitration. Such arbitration will be conducted by a professional arbitrator in King County, Washington, USA, or in any other convenient forum agreed to in writing by both parties. Any arbitration will be conducted in accordance with standard Atlanta International Arbitration practices. Any arbitration award shall be final and binding and may be entered in any court of proper jurisdiction. You agree that if you bring a claim in court, the proceeding shall be filed and brought in King County, Washington, and you waive any objection to such jurisdiction or venue. You agree that you must request arbitration or bring a claim in court within one year after the dispute arises.

Severibility

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.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service, or when you cease using the Site and the Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due us, up to and including the date of termination; and/or accordingly may deny you access to the Site or any parts thereof).

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 the Site in respect to the Site and/or Service constitutes the entire agreement and understanding between you and us and governs your use of the Site and/or 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.

That’s All, Folks!

Done.  Phew!  We know that’s a lot of wordage up there, but it keeps our lawyers happy. If you skimmed down to the bottom here, be sure to pay extra-special attention to the blue stuff above and know that we’re really all about The Golden Rule.  Thanks for bearing with us. Art collectors are a great bunch.