Terms of Service
Welcome to Cow Art and More, the art gallery where people can buy original and reproductions of fine art and fine crafts from artists online. The services provided by Cow Art and More to artists and patrons is subject to the following terms and conditions set forth in these terms of service.
Amendment. We may, at our sole discretion, change, modify, add or remove any portion of these terms of service, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the site. Your continued use of the site and the services after such changes are posted will constitute your agreement to such changed terms of service. The date of the most recent change of this service is posted at the end of this document.
Capacity to Contract. The services are available only to individuals or entities who can form legally binding contracts. Minors (persons under the age of 18) nor individuals who have been suspended from the services may participate in the services. If you are under the age of 18, you can use the services only in conjunction with, and under the supervision of, your parents or guardians, and must be no younger than thirteen. If you are registering as a business entity, you represent that you have the authority to bind the entity to these terms of service.
Registration. In order to participate in the services, you must register with Cow Art and More by filling out our registration form and providing certain information. When Cow Art and More has accepted your information, you will become a "Registered User." You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Cow Art and More reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the services. Further, the rights granted to you as a registered user may not be transferred or sold to another party.
Login ID, Password and Security. During the registration process, you will select a login ID and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your login ID and password. You agree to notify Cow Art and More immediately of any unauthorized use of any login ID and password and any other breach of security regarding the services.
Cow Art and More's Relationship to You. Cow Art and More is only representation for artists to list art for sale and for buyers to purchase such art. Cow Art and More has no control over the sellers or buyers. Legal ownership of items is transferred directly from the artist to the buyer, and nothing in this agreement shall modify the governing provisions of any state or federal law, including without limitation, any state version of the uniform commercial code, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Buyers should also be aware that in cases where they are purchasing a piece of art where the design has been copyrighted by the artist, the purchaser has only purchased a licensed copy of that original and has no right to reproduce or distribute the artwork without written consent from the artist. Buyers or visitors in no way have any right to reproduce the art seen on this site by printing, electronic means or otherwise, without explicit written consent from Cow Art and More and the creating artist.
Release. In the event that any artist or seller has a dispute with another artist or seller, all parties release Cow Art and More (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information Control. You understand that all information, data, text, photographs, graphics, video, messages, and or other materials ('user content'), whether publicly posted or privately transmitted via the service, are the sole responsibility of the person from which such content originated. You are responsible for all the user content that you upload, post, broadcast, display, email, transmit, or otherwise make available via Cow Art and More, and any of its related accounts on third party websites. Cow Art and More has made every effort to provide the truth and facts about every piece of art listed, but in no way has control over the quality or legality of the art listed, the truth or accuracy of the listings or any other information provided by a user about the art.
Purchasing. You must be a Registered User in order to purchase the Art.
Buyer Liable for Purchase Price, Freight and Transportation Fees and Sales Tax. Buyers are liable for the posted purchased price of the piece(s) of art, any insurance, packing, freight and shipping fees associated with the purchase, and any applicable sales tax.
Payments. Payment for the art may be made by credit card, Paypal transfer, or by a check or money order payable to Cow Art and More. All posted purchase prices are listed according to their value in U.S. dollars. If payment is made by check, the piece(s) of art will not ship to the seller until the check clears and payment is received by Cow Art and More. If the check has not cleared within thirty (30) days, the order will be canceled.
DELIVERING THE PURCHASED ART
Shipping and Packing. Seller shall pack the piece(s) of art and ship them to the address specified by buyer. The piece(s) of art should be packed so as to protect them during shipment. In the event the art was packed and shipped by Cow Art and More, Cow Art and More will be liable for loss or damages. Artwork will be shipped within the deadline set by the seller when listing the piece. In the event that artwork cannot be shipped within the time frame listed on the website, the purchaser shall be notified of the new ship date.
Freight and Transportation. The buyer is responsible for the costs associated with all freight, shipping and other costs related to transporting the art from the seller's location.
Ownership Transfer. The art shall be and remain the risk of the seller until it is shipped to the buyer. The buyer assumes risk once the package is delivered.
Return Period. Unless otherwise stated under "Returns and Exchanges" for a particular piece of Art, a buyer may return a piece of art within seven (7) days of receipt for a refund or within thirty (30) days after the date of buyer's receipt of such piece of art for store credit. No returns will be accepted after such period. After marking the order as returned the buyer must ship it to the seller within seven (7) days, if the return is not shipped within seven days it will be canceled and the order will no longer be accepted for return.
No Return. Art cannot be returned if it is purchased as a piece of custom work, purchased internationally, or purchased with a custom frame.
Return Process. If a buyer elects to return a piece of art, the buyer must review the instructions on our Returns and Exchange policy page. If the returned piece of art has not been altered and is returned within the return period, seller shall accept the returned piece of art and notify the buyer and Cow Art and More of its acceptance of the returned piece of art. Sellers must notify Cow Art and More of any damage or other issues involving a returned piece of artwork within seven days of receiving the return. If no contact is made within seven days the return will be automatically credited to the buyer. Once Cow Art and More receives notification of seller's acceptance of the returned piece of art, Cow Art and More shall debit seller for the purchase fees less any insurance, packing, freight and transport fees associated with buyer's purchase. Cow Art and More shall credit the buyer for the same amount within thirty (30) days of receiving verification that seller's account has been successfully debited. Insurance, packing and shipping fees associated with the return of the returned piece of art shall be the sole responsibility of the buyer, and Cow Art and More shall have no obligation to reimburse the buyer for such amounts.
Any information you provide during the registration of the services on the site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for Cow Art and More or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.
The Site and Services. Cow Art and More grants you a limited license to access and make personal use of this site. The trademarks, trade names, designs and all material contained on this site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Cow Art and More and/or its participating artists. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Cow Art and More, is strictly prohibited. Any unauthorized use terminates the permission or license granted by Cow Art and More. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cow Art and More or your profile page so long as the link does not portray Cow Art and More, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer. THE ART, SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COW ART AND MORE DOES NOT WARRANT THAT THE ART, SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT OF THE SITE WILL BE TIMELY, ACCURATE, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COW ART AND MORE MAKES NO WARRANTY THAT THE ART, SITE OR SERVICES WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING ART ON THE SITE, THE LISTED ART WILL BE SOLD. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. COW ART AND MORE MAKES NO WARRANTY REGARDING ANY ART PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COW ART AND MORE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. COW ART AND MORE EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
Limitation of Liability. IN NO EVENT SHALL COW ART AND MORE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL COW ART AND MORE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COW ART AND MORE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF COW ART AND MORE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Indemnity. You agree to defend, indemnify and hold harmless Cow Art and More, its officers, directors, agents, subsidiaries and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any breach or violation by you of these terms of service, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AND THE ARBITRATION SHALL TAKE PLACE IN GAINESVILLE, FLORIDA. IF NOT MUTUALLY AGREED UPON, THE ARBITRATOR SHALL BE SELECTED ACCORDING TO AAA RULES FROM A LIST, PREPARED BY THE AAA, OF PERSONS HAVING EXPERTISE IN THE SUBJECT MATTER. THE AWARD SHALL BE IN WRITING AND IN ACCORDANCE WITH APPLICABLE LAW. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS PROVISION IS SELF-EXECUTING, AND IN THE EVENT THAT EITHER PARTY FAILS TO APPEAR AT ANY PROPERLY NOTICED ARBITRATION PROCEEDING, AN AWARD MAY BE ENTERED AGAINST SUCH PARTY NOTWITHSTANDING SAID FAILURE TO APPEAR.
Eligibility. Only registered users are eligible to participate in the services.
Third Party Links. Where Cow Art and More provides links to third party internet sites, no representations or endorsements are made in connection with such sites. Cow Art and More is not liable for any damages or injury arising from use of such sites.
Modification and Availability. Cow Art and More may, at any time, delete, modify or supplement the content of the site without prior notice. Cow Art and More reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or the services, including, but not limited to, content, features or hours of availability. Cow Art and More may also impose limits on certain features of the services or restrict your access to part or all of the site or the service without notice.
Monitoring. You agree that Cow Art and More has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the site. Cow Art and More reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from the site.
Access and Interference. You agree that you will not use any automatic device or manual process to monitor or copy Cow Art and More's web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Cow Art and More's infrastructure.
Service Integrity. Cow Art and More makes reasonable efforts to make its services and site available at all times. However, Cow Art and More is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
Termination. These terms of service constitute a legally binding agreement between you and Cow Art and More until terminated by you or Cow Art and More, which Cow Art and More may do at any time, without notice, at Cow Art and More's sole discretion. If you become dissatisfied with the services or the site in any way, your only recourse is to immediately discontinue use of the services.
Governing Law. These terms of service are made and shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law principles.
Injunctive Relief. It is understood and agreed that, notwithstanding any other provisions of these terms of service, breach of the provisions of these terms of service by you will cause Cow Art and More irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available at law or in equity.
Waiver. The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Severability. In the event that any provision of these terms of service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these terms of service unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Entire Agreement. These terms of service comprises the entire agreement between you and Cow Art and More and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these terms of wervice regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these terms of service.
These terms of service were last revised on April 25, 2011.