Last updated: August 8th, 2016
Dot and Wall Art LLC (“Dot&Wall”, “D&W”, “We” or “Us”) owns and operates this website. This document governs your relationship with D&W and www.dotandwall.com (“The Site” or “Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you (“You”, “User” or “Member”) are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. We will maintain visible the date of the last update of this document.
Dot&Wall is a website designed with the purpose of commercializing artworks from a selected group of artists. It is our right to promote artists of our interest, with no obligation of incorporating any other.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
2. Presentation of the artwork
Dot&Wall strives to present images of the artworks of the most accurate way to reality. Nonetheless, the User agrees that variations in tonalities may occur due to technology aspects of which Dot&Wall takes no responsibility.
Likewise, the Site makes every effort to provide computer-generated images where artworks are presented in different scenarios in order to facilitate visualization for users. D&W is not responsible for differences in the measures and encourages all users to always consult the dimensions (height and width) posted in the specifications section of each work. It is the User’s responsibility to verify the information related with each work before the purchase. The User who wants to learn more about specific works or the process can contact the email email@example.com.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute any virus, worm or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Dot&Wall will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Limitation of Liability
IN NO EVENT WILL REDWALL BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DOT&WALL WILL NOT BE LIABLE FOR PHYSICAL INJURY PRESENTED AS A RESULT OF INTERACTION OF USERS WITH ARTWORK AND ADVISES ALL USERS TO TAKE MEASURES NEEDED FOR PREVENTION AND PROPER HANDLING. RW NOT BE LIABLE FOR ANY EMOTIONAL DAMAGES ARISING FROM THE USE OF THE SITE, SERVICES OR PRODUCTS OR IN ANY WAY CONNECTED TO THE SITE.
You agree to indemnify, defend and hold harmless Dot&Wall, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Site or your breach of the Terms of Service.
Dot&Wall respects the intellectual property and is committed to compliance with the rules and laws of Copyright and expects users of the site to act in the same way. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Dot&Wall or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Dot&Wall and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
The Dot&Wall logo and “arting places, arting lives” are trademarks of Dot and Wall Art LLC and therefore its reproduction or distribution is prohibited. If any user considers that any content on the Site infringes copyright under the Digital Millennium Copyright Act (DMCA) should contact Dot&Wall including the following information:
- Name of the holder of the copyright that allegedly is being violated or its legal representative.
- Sufficient contact information including email address.
- Identification and location of the material or materials which would be infringing and should be removed from the site.
- A statement that the party filing the complaint, acting in good faith, considers the material used is not authorized by the owner of the copyright, its agent, or the law.
- Declaration under penalty of perjury that the party filing the complaint owns – or is authorized to act on behalf of – an exclusive copyright that is allegedly infringed.
The information should be directed via email to firstname.lastname@example.org.
7. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Dot&Wall you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Dot&Wall retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a customer’s payment method fails, Dot&Wall may collect fees owed using other collection mechanisms. All prices advertised are subject to such changes.
Although we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any artwork which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the artwork, you will receive a refund. Delivery costs or any other cost incurred before the cancelation will be charged.
8. Registered Users
Dot&Wall requires users interested in acquiring works of art to be registered as members of D&W. You agree to provide itself, factual information and not to impersonate any third party. Dot&Wall reserves the right to disable any user account that does not comply with the rules set out in this document or any regulation in force.
9. Communication with Dot&Wall