Terms & POLICIES
This is the fine print nobody likes to read, but it's here to protect you and to protect our work and our artists. In a nutshell, we will keep any info you provide us with private (we're in the business of selling art, not your data). And we expect you and all visitors to our site to acknowledge that all work is protected under several intellectual property and international copyright laws and to comply with all our terms. So please dive right in:
Terms of Service
Last updated: June 28, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the ShinyOctopus.com website (the “Site” or "Service" or "Services") operated by Shiny Octopus, LLC ("us", "we", or "our"). Shiny Octopus provides a service for purchasing open edition and limited edition prints based on original photography and original works of art.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or Service.
LINKS TO OTHER WEB SITES
Our Service contains links to third-party web sites or services that are not owned or controlled by Shiny Octopus. Shiny Octopus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Shiny Octopus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES TO OUR TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Site and Services.
YOUR ELIGIBILITY TO USE OUR SITE
The Site and Services are intended solely for persons who are 18 or older. Access to or use of the Site or Services by persons under 18 is not allowed. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
TERMS OF PURCHASE
When you purchase either a framed or unframed Open Edition/Classic Print or a Limited Edition Print through the Site and Services, you are purchasing these Prints/Frames from Shiny Octopus and not from the Artist identified on product page for such work. Prices for all Prints/Frame will be as specified on the applicable product page. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (please read below), if any, for which you are responsible and which will be separately identified on your receipt once your order has been placed. Shiny Octopus will collect your billing and shipping information and process your payment. Shiny Octopus will be responsible for shipping your Print/Frame directly to you or the shipping address provided on your order form.
As a Purchaser of any Prints/Frames sold, you acknowledge and agree that Shiny Octopus will add Taxes to the dollar amount charged, separately, when required. Both you as the Purchaser and Shiny Octopus as the seller will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes.
You understand and agree that Shiny Octopus uses commercially reasonable efforts to display the colors of all Prints accurately via this Web Site. Please note, however, that computer and mobile and tablet screens and monitors may display colors differently. Shiny Octopus is not responsible for the color accuracy of any Prints displayed for sale on the Site and Services. Shiny Octopus disclaims all liability in this regard.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Site, Services and all Shiny Octopus Content are protected by copyright, trademark and other laws of the United States and foreign countries. Shiny Octopus exclusively owns all right, title and interest in and to the Site, Services and Shiny Octopus Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Shiny Octopus Content. You are expected to respect and comply with Copyright Law.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
We respect your privacy rights and are committed to processing and protecting your personal data in compliance with applicable law. Effective May 25th, 2018, if you are from the European Economic Area ("EEA"), our processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation ("GDPR").
INFORMATION WE COLLECT FROM YOU
We may collect and process some or all of the following information when you voluntarily make it available to us in order to use our Services:
- Email Address
- Mailing Address
- Phone Number
- Any Information you provide when you contact us with questions about your use of the Web Site and our Services
- Payment information via a secure order form