Terms of Use
Welcome to theartifox.com ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
General
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights and international treaty provisions owned, controlled or licensed by Artifox LLC, or its affiliates (collectively, "Artifox"). The Site as a whole constitutes protected intellectual property and trade dress, and all worldwide rights, titles and interests in and to the Site and all elements therein are owned by Artifox. ARTIFOX, THEARTIFOX.COM and all other ARTIFOX trademarks appearing at this Site are trademarks of Artifox.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of the Site.
Artifox's Communications to You
You agree that Artifox may post notices on this Site or may, unless your profile settings specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communications be in writing.
Product Information
Some Artifox products displayed at the Site may be made available from select retailers in the United States and in select foreign markets while supplies last. Merchandise displayed for sale on the Site may not be available through other retailers' stores. The prices displayed at the Site are quoted in U.S. Dollars.
Colors
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Comments and Reviews
Artifox reserves the right to screen comments and reviews prior to posting. Please avoid posting any personal information or inappropriate language.
Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our Site or this Agreement. You agree and represent that you are buying for your own personal use only, and not for resale.
Links to Other Web Sites and Services
This Site contains links to outside websites, services and resources, the availability and content of which Artifox does not control. Any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular outside website, service or resource. We encourage you to read all other legal notices displayed on those websites, services and resources.
User Generated Content
We love to see how our customers are using Artifox products in their daily lives, and wish to gather examples of our customers’ use of our products. The Site permits customers and users to submit or publish content, which may include, but are not limited to, message board, social networks, and comment board. By registering, using the Site, responding to Artifox inquiries, tagging Artifox or related matters on social media, submitting or uploading your story, comment, photo or video, or posting User Content to our Sites, you acknowledge that you have read, understand, and agree to the following terms and conditions for user-generated content (“UGC Terms”).
By responding to any Artifox request to use your User Content, or by submitting or uploading your story, comment, photo, or video you are agreeing to the following:
- As between you and us, you own all content and information you post or share to the Site or your social media pages (referred to as “User Content”), such as uploading your story, posting or sharing comments, photos, and videos to the Site, message board, social media pages, and comment board.
- You give Artifox permission to use your User Content as follows: you grant to Artifox a license to reproduce, display, perform, distribute, modify, and otherwise use your User Content in connection with Artifox for any lawful purpose, including without limitation promotion and advertising purposes in Artifox email, website, social media sites and other customer communications. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Artifox or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time, unless expressly revoked by you in writing.
You promise that:
- You are 18 years of age or older and own all rights to your User Content or, alternatively, that you have the right to give Artifox the rights described above;
- You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for related platforms for any reasons, Notwithstanding the foregoing, we may reach out to customers to request additional rights to reproduce images on our website, social media sites and more. We reserve the right to change these Terms & Conditions at any time at our sole discretion
If you have any questions about these Terms & Conditions or wish to have your User Content removed and revoke our license, please feel free to email us at: info@theartifox.com.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ARTIFOX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Inaccuracy Disclaimer
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your theartifox.com purchase, please see our Return Policy.
Indemnification
You agree to defend, indemnify and hold Artifox harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Privacy Policy
We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users ("Privacy Policy"). Our current Privacy Policy is incorporated herein by reference and made part of this Agreement.
Miscellaneous
Unless otherwise specified and except to the extent Artifox products are offered for sale in the United States through this Site, this Site and the Contents hereof are displayed solely for the purpose of promoting Artifox's products and services available in the United States and select foreign markets. This Site is controlled and operated by Artifox from its offices in St. Louis, Missouri.
This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Circuit Court of the City of St. Louis, or the United States District Court for the Eastern District of Missouri.