Terms of service

Introduction

These terms of service were updated on 11/11/2022.

ART WOW® is a unique online sales platform for emerging artists and designers, supporting them on their road to commercial success. The artist simply uploads and posts their artwork onto a variety of products provided and we do the rest. Each artist has its own shop-front to promote as well as being a part of the whole site and gains a cut of each item they sell. They design and create. We produce, package and post. We do this for both retail and wholesale customers (who then sell products online and in retail shops).

This is a start-up business opportunity with none of the usual costs and with everything to gain. We are all about developing artistic talent. We have strength in numbers mentality - just by association people can discover lots of other original talent at the click of a button, spreading the creative love.

When browsing, purchasing and uploading to and from Art Wow it is important you respect the intellectual property rights of our artists including copyright and trade mark laws. Only work that you have created yourself may be uploaded on to ART WOW® and you must ensure that you are not infringing the intellectual property rights of any third party by uploading the work and asking us to produce, package and post it. It is your responsibility alone to make sure that you are upholding your legal responsibilities and are in no way violating anyone’s rights or breaking any laws by uploading and publishing your work for sale on our site. By becoming a “designer” on our site you will gain the benefits of interacting with other ART WOW® “designers”. Amongst other things, you gain the use of our range of services enabling you to publish, sell and purchase art related printed products; payment processing, transaction handling, product manufacturing, packaging, delivery service, order fulfilment and customer support. You will also have the opportunity in the future to be part of our promotional events and additional services.

Please read these terms of service and privacy policy properly as they and any documents referred to govern how you may access and use website at artwow.co and all associated web pages (“website”) . By using the website or otherwise indicating you consent, you agree to be bound by our terms of service and privacy policy at artwow.co If you disagree with any of the terms and conditions then please do not use the website.

Acceptance of Terms

This website is operated by Liz Bush Art Ltd trading name ART WOW (“Art Wow”, “us”, “we”, “our”, the “company”). Whose registered address is 10-12 Mulberry Green, Harlow CM17 0ET, our trading address is Unit 4A Woodside Industrial Estate, Thornwood, Epping, Essex, CM16 6LJ. Our company registration number is 10909122, incorporated on the 10th August 2017. The terms “you”, “your” refer to all visitors, users or viewers of this website. If you are accepting these terms on behalf of a company or other legal entity, you represent that you are at least 18 years of age and have the authority to bind such legal entity.

ART WOW is a registered trade mark of Liz Bush Art Ltd. 

We have authority at our sole discretion, to add, change, modify or delete parts of these terms at any time without notice. If and when we make amendments we will post the alterations on this page with the date of modification.

We reserve the right to amend the services we provide through the ART WOW® website, without any notice. If for any reason the website is unavailable or we restrict access to some or the entire website we will not be liable for any losses howsoever caused.

Your content

You own and retain all your rights with your information, images, graphics, pictures, photographs, data, text, video, messages, sound, music, or other materials uploaded to the website (“Content”).

Upon your uploading of Content to the website, you hereby grant Art Wow and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your products made to the Content, and providing the other Art Wow services to you (“Licence”). The Licence is revocable by you upon you providing us with 28 days written notice or 28 days following your removal of the Content from the website.

We are unbale to take any responsibility for your Content and therefore you, and not Art Wow, are solely responsible for all the Content that you make available to us and all products that you offer to sell through the website. Including without limitation that you have obtained and own all required intellectual property and rights in and to your Content. Including without limitation the right to authorise us to manufacture, distribute and sell products that include your Content.

By using the  website you will be exposed to Content from a variety of other ‘’designers’’, with that Art Wow cannot be responsible for the accuracy, safety, usefulness or intellectual property rights of or relating to such Content. You agree to understand and acknowledge that you may be exposed to Content that you may find offensive, objectionable or indecent and that you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against Art Wow. Therefore you agree to indemnify and hold harmless ART WOW®, its parent company, its subsidiaries, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of the website and the services we provide.    

We reserve the right to determine what part of your Content can be presented on the website. We will not allow any offensive, indecent or objectionable material. We do not allow any user to use the website under false pretences or in a manner that infringes the rights of any third party.

Content, Policy and Copyright

When you upload, post or submit any Content onto our website ,you represent and warrant to Art Wow that: 

- You are the owner and/or licensee of the intellectual property rights (including, but not limited to, all copyright, trade marks, design rights and all other intellectual property rights of any kind) in the Content and that you have the right to grant Art Wow and its affiliates the Licence.

- You agree to not assert any moral rights or similar property rights against us for using your Content on the website.

- You grant Art Wow the Licence, which includes (but is not limited to) authorising Art Wow and its affiliates to manufacture, distribute and sell products that include the Content both online and in retail shops.
- You and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity. This is including copyright, trademark, moral rights, patents, or the right of privacy.
- When using the website, you and your Content will always agree with all applicable laws, rules and regulations.
- Your Content must not be uploaded under false pretences which could be misleading, deceptive, indecent, pornographic, threatening, harmful, harassing, and invasive of privacy or violating anyone’s rights. It must not offer or disseminate fraudulent goods, schemes, promotions or services.  
- Your Content must not include any destructive codes, including but not limited to viruses, Trojan horses, worms, cancelbots, time bombs or any other computer programs or software that may cause destruction to our website, system, data or personal information.
- We reserve the right to edit or delete any content submitted. If any Content is submitted that does not agree with any of our rules and regulations, we always reserve the right to cancel your account.

- You agree to compensate Art Wow for any direct or indirect damage caused by you not complying with any rules and regulations made by us or under any appliable law.

- You hold Art Wow harmless to any losses, liabilities, demands, claims, costs and expenses arising directly as a result of your breaching one or more of our rules and regulations.
- If you, as the Art Wow ‘’designer’’, believe that the Content or product that we removed or to which access was disabled resulting in orders being cancelled was not infringing, or if you believe you have obtained all required rights from the owners, owners agent, you may send proof with the following information: identification of the Content removed, a statement that you have complete faith that the content removed or disabled was a result of misidentification or a mistake, your name, address, telephone number, email address and a statement that you accept service of process from the person who raised any infringement  claim infringement we will consider the reinstatement of the Content or product. The final decision to reinstate any Content lies with Art Wow and we will not act as the mediator for any disputes.
- If you must discontinue any Content that you have submitted to the website, if we have any remaining stock of products or have products in the course of manufacture or uncompleted orders for the products using your Content, at the time the License to use such Content is terminated by you, we may complete the manufacture of such products. We may also dispose of such products and remaining stock. 

- If you believe your Content is an infringement of copyright and/or other intellectual property rights, you must immediately remove your Content from the website or contact us to do so on your behalf. 

We have the sole discretion to determine whether content is prohibited content. We do not take responsibility for such content uploaded to the website. However, we may delete, move, and edit Content for any reason, at any time, without notice.

ART WOW HAS A ZERO TOLERANCE POLICY FOR THE INFRINGEMENT OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.

PLEASE NOTE: PRODUCTS SOLD ON THE WEBSITE ARE NOT OFFICIAL MERCHANDISE

IP Infringement Policy

We respect the intellectual property rights of others and we ask our customers and artists to do the same. Our creators are responsible for their Content which they upload to the website and for ensuring that they have the necessary rights to use and sell that content. If you are aware that any of your intellectual property rights have been infringed by any product offered for sale on the website, please contact us via email (hello@artwow.co) and provide us with the following information:

- identification of the Content claimed to have been infringed;

- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

- your contact information, including your address, telephone number, and an email address;

- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the intellectual property right owner, its agent, or the law; and

- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are (or are authorised to act on behalf of) the intellectual property right owner.

Where we receive notice of an infringing product we will liaise with the relevant artists (which may include passing on the information you provide) to ensure that the infringing product is removed from sale.

Registration

To become a registered ‘’designer’’ you must create a user account with a valid email address and password. You will also need to link your account to a valid PayPal account. Please be aware that PayPal’s terms of service and privacy policy govern your use of PayPal. You do not need to be a ‘’designer’’ to use, browse and buy any of our products. All details provided by you on registration or at any time must always be correct. You must always correct and update any changes to these details in order for a smooth communication. ART WOW® reserves the right to refuse a registration or cancel a member’s account at its sole discretion. We may also refuse any username that we deem inappropriate. You may never use another ‘’designers” website account without consent. You have complete responsibility for all activity that occurs on your account. This includes any products purchased or sold and also any content displayed or messages sent, even if these actions were not approved or controlled by you. You must ensure your password is not shared with others. If you experience any breach of security or an unauthorised use of your account you must notify Art Wow immediately, you may be liable for the losses of Art Wow or others due to such unauthorised use.

We do not knowingly or intentionally collect any personal information from anyone under the age of 13.

Your Conduct

As long as you comply with our terms, Art Wow hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense to use the website solely with the intended purpose. We are passionate about respect for others and any disrespect is taken extremely seriously.

You agree to not, instruct, permit, allow or induce any person to: 

- Post any inappropriate content.
- Fail to deliver payment, services or product posted by you.
- Meddle with any other Art Wow ‘’designers’’ Content or products.
- Manipulate our fee structure, billing process or fees owed to Art Wow.
- Transfer your website account and user identification to another party without our consent.
- Copy, reproduce, use, modify, adapt, create derivative works from, print, publish, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the Art Wow services or content made available through the website other than your own content, without the owners express written permission; or (ii) any Art Wow copyrights or trademarks.
- Distribute viruses that may damage Art Wow or anyArt Wow ‘’designer’’.
- Collect information on ‘’designers’’ and ‘’shoppers’’, including email addresses without their consent.
- Impersonate any person or entity including, but not limited to, an Art Wow official, or falsely state or misrepresent your affiliation with a person or entity.
- Disguise any origins of Content by simulating the appearance of the owner.
- Even though weprohibits certain conduct and content on its website, you understand and agree that Art Wow is not responsible for the Content posted on the website, you nonetheless may be exposed to certain materials and that you use the website at your own risk.
- UPLOAD ANY CONTENT WHICH INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY
- ‘’Stalk’’ or harass any Art Wow ‘’designer’’ or ‘’shopper’’.
- You must not use Art Wow website for any commercial use, reproduction, duplication, copy and/or exploitation for any commercial purposes without express written consent of us.
- We do not warrant that any ‘’designers’’ uploads to this website of Content will be protected against loss, or misuse, or alteration by third parties.
- We do not warrant or guarantee that all uploaded content will be available on our website within a certain time frame. Again, we will decide what Content becomes available at our sole discretion.  

You have complete consent to allow Art Wow to gain access, preserve and disclose your account information and content if required to by law and/or to:

- Comply with legal processes.
- Enforce the terms of service.
- Respond to claims that any of your Content violates the rights of third parties.
- Respond to your requests for customer service.
- Protect the rights, property or personal safety of ART WOW®, its users and the public.

Prices, Payment and Services

At the time of purchase the then current fee must be respected, we may change this fee under our sole discretion from time to time. Alterations to fee prices may also temporarily change during promotional events or new services. If and when price alterations are placed we will let all ‘’designers’’ and ‘’shoppers’’ know with at least 14 day’s notice. To read our current fee structure and payment terms, please refer to the information available on the ART WOW® site. This information will also be available through your account page. Unless otherwise stated all fees are quoted in UK sterling (£). With this, you are responsible for paying all fees and applicable taxes.

All of our prices on Art Wow include VAT and delivery. If a delivery has been requested outside the UK it will carry an additional charge. This is also applicable to any remote locations in the UK. All this information will be clearly displayed at the checkout. We cannot be responsible for a delay in dispatch time as they could result from postal delays, strikes, riots, lock outs, trade disputes, fires, break-down, interruption of transport, government action, pandemic, acts of God, war or severe weather conditions. Art Wow holds no responsibility to incorrect addresses; it is a customer’s responsibility to ensure all information is correct. Therefore we take no responsibility for any product that fails to deliver due to an error in its address. If delivery is outside the UK you have to respect the import duties and taxes that are required of you, you will be responsible for all extra payment and obtaining all necessary customs, import and other permits. Art Wow has no control over these charges and we cannot predict the amount. Please also respect all laws applicable to the desired destination, Art Wow will not be responsible for any failed delivery due to local laws.

When you place an order with ART WOW®, you will automatically receive an email acknowledging your order. This is not a bound contract between you and us; this is merely recognition of your order. If for any reason we have insufficient quantity of products for your order we reserve the right to cancel your order. We may also decline an order if we do not deliver to your area or if we do not have the intellectual property rights required to meet the contract order. We can also cancel any orders for any reason.

All products displayed on the website may vary in comparison to real life e.g. shape, colour and size. You assume all risks associated with your use of the website.

Users can purchase products on the website with a valid credit or debit card via PayPal.

Art Wow shall not be held responsible for any damages whatsoever including, but not limited to, any loss of money or profits, data, content, or reputation or any property damage or personal injury arising out of or in connection with your use of the Art Wow website, products and/or services.  

Release

If any agreement is made between yourself and another party through the website, it is strictly between you and such party. Art Wow is not included in this agreement. If there is an altercation with such party you hereby release us (officers, directors, agents, employees, subsidiaries, joint ventures) from any and all claims, liabilities, demands, and damages arising out of the connection with this altercation. You have complete agreement that Art Wow has no control over and does not guarantee the delivery of the advertised collaboration and that Art Wow will be released from any damages resulting from the failure to receive any benefits for an anticipated collaboration. 

Trade marks

ART WOW is a registered trademark of Liz Bush Art Ltd.

If you use any of our trademarks in reference to our products or services, you must always include a statement explaining and assuring that trade mark to us. You must also comply with our guidelines regarding the use of our trademarks. In no way will we allow you to use any of our trade marks in or as the whole or part of your own trade mark.

Linked Websites

The website may contain links to other websites that are not owned or controlled by us. They are only provided for convenience purposes and may be removed or maintained at our discretion. We do not accept responsibility for the content, security, operation, or use of any linked websites or what they may offer, e.g. products and services. If you decide to access any of the third party websites linked to the website, you do so at your own risk. We accept no responsibility for any loss or damage through third party websites. You must not establish any link between us and any third party website that suggests any form of association, approval or endorsement on our part when none exists.  

Return Policy

Art Wow will always make sure that each product will arrive to you in perfect condition. If for any agreeable reason you are unsatisfied with your purchase, you may return it to us within 14 days of receipt. As items are custom printed to order we can offer you will a full credit note to use on the website or an exchange. This is all presuming the goods are unused and in the same condition as we left them. Secure packaging with the order form or the invoice stating the order number must be included with the return. Unless the item returned to us is defective or we have delivered said item to you in error, or as a substitute, you will be responsible for the cost of returning any item to us.  If you request an exchange you must pay any of the fees for packaging, handling and delivery, unless the goods were returned because they were faulty for any reason. 

Return address:

Art Wow

Unit 4A

Woodside Industrial Estate

Thornwood

Epping, Essex

CM16 6LJ

Commission payments

A commission for each sale of a product that includes the content from a ‘’designer’’ uploaded to the website will be paid a fee. The commission payments will be made via PayPal (on the 12th business day of each month) and credited 60 days after the completed (paid) sale of each order. You can review your total sales made via the Earnings page. It is your responsibility to always maintain your PayPal account details e.g. updating new card details. Therefore Art Wow will not be responsible for any losses due to incorrect card and account details on PayPal. If there are incorrect details or expired details Art Wow will hold your commission for up to 12 months from the payment date, resulting in you losing the rights for these commission payments if you fail to amend the payment details in time.

The commission for each sale can be viewed in the ‘’Earnings’’ page in the your 'Designer Area' on the Art Wow website. 

Commission will not be paid until the Art Wow have received payment in cleared funds for the product. Also no commission will be paid if the product is agreed to be used for promotional use, competitions, rewards and free giveaways.

We may reproduce, sell and publicly display your content on third party web services and websites with your acknowledgement.

Art Wow as always, reserves the right to alter the commission structure at any point.

Intellectual Property

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and systems is the exclusive property of Art Wow (Liz Bush Art Ltd), its members, affiliates, or its content suppliers and is protected by international copyright laws as well as any relevant national law concerning copyright, authors rights and database right laws.

You may not in any way adapt, distribute, reproduce, print, perform, display, publish or create derivative works from any part of this website. You may not also commercialise any information, services obtained or products from any part of this website, without our express written consent.

You may not gather or extract any data for re-utilisation of any substantial parts of this website, without Art Wow’s express written consent. Also you are not able to publish or create your own database that features our products and prices without Art Wow’s express written consent.

Severability and Waiver

If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be served to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

If these conditions are breached and no action is taken by us (Art Wow) we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Therefore you must acknowledge that our lack of action in case of your breach of the present conditions may not be construed in any case as a waiver of our right of action.

Governing Law and Jurisdiction

These terms of service are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms of service, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

Gift Vouchers and Promotional codes

The terms and conditions for purchasing or redeeming a gift voucher should be read and understood for completing purchase. All gift vouchers relating to the website are non-returnable, non-refundable and not for resale. Gift vouchers cannot be redeemed for cash and are not transferable or assignable. They must be redeemed within one year of the date of dispatch by us and will expire after such date. Art Wow is not responsible for any gift vouchers that are lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. If a gift voucher cannot be delivered due to the recipients spam filters, firewalls, capacity of the mailbox or any other factors outside our control. 

If there is a conflict between the terms of service of the site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail. If an email gift voucher is ordered it will be dispatched via email to the designated email address as soon as payment for the gift voucher is cleared. Also from this stage the gift voucher can be downloaded and printed. The purchaser has sole responsibility to ensure that the delivery email address is correct. Art Wow cannot be responsible for the incorrect delivery of gift vouchers, due to a mistyped email address. When redeeming gift vouchers the unique code given on the gift voucher will need to be entered at checkout. If the total amount purchased is less than the value of the gift voucher, any outstanding balance will be held in your accountTherefore if the total amount purchased is more than the value of the gift voucher, the balance must be paid by credit or debit card when the gift voucher is redeemed. The same terms of service applies when purchasing goods using a gift voucher. Art Wow vouchers can only be used on the website.

Art Wow can also edit and cancel these gift voucher terms and conditions at any time.          

When using a promotional code on the website we acknowledge that you have read and understood these terms and conditions and agree with them. If there is a conflict between the terms of service of the site and the terms of service of promotional codes, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency.

Promotional codes can only be used on the website and towards purchases of items currently featured. These prices exclude delivery charge. Our promotional codes have no cash value; therefore they cannot be transferred, forwarded or reassigned. All our promotional codes can only be used on the website. You may not use any other offers on the website in conjunction with you promotional code in the same transaction. You cannot use promotional codes to purchase gift vouchers. You will see the discount associated with the promotional code during checkout. Individual promotional codes will have an expiry date in which they have to be used; they may also have a limit on how many times they can be used. If there are any specific terms and conditions with certain promotional codes they will be explained when you receive the code. As usual, Art Wow reserves the right to cancel or edit any promotional code.

Privacy

We use your information only as illustrated in the Privacy Policy. We promise to keep and protect your privacy, as a company we think that is extremely important. If you need to access and modify any information that you provide to us you can do so by selecting certain options in your account. You can also change preferences that can exclude you from certain communications.  If you still do not feel confident in your information being shared by Art Wow, then we politely ask you to not use our service. 

Termination of Account

If at any time you do not want to be a part of the website you can terminate your account at any time, with or without a reason. However, if we believe you have breached our terms and conditions we may at any time terminate your access to the website and its services. In certain situations we may give you one written warning prior to terminating your access. The rights and licenses granted to you will immediately terminate. The provisions of these terms that by their nature and context are intended to survive termination shall survive, including but not limited to: Acceptance of terms, Content, Copyright and Intellectual Property policies, Your Conduct, Prices, Payment and Service, Release, Return Policy, account information, Severability and Waivers, Governing Law and Jurisdiction, Trade marks, Linked Websites and Privacy Policy. ART WOW® will have no liability to you for any damages, loss of profits or any other claims arising from their termination or suspension of your access to Art Wow’s services or your account.   

If regrettably you decide to terminate your account as previously mentioned any stock that we hold of your content may still be produced and sold and any orders not fulfilled will still be completed.       

Art Wow shall have the right to retain copies of your Content in its archives for its internal business purposes and legal purposes.

Modifications to the Art Wow Services and Terms

We reserve the right to monitor, modify or discontinue its services. It can always block, modify, publicly comment on or delete any Content submitted to us at any time at our sole discretion. Art Wow also has the rights to continuously modify and update its services and terms, with or without warning.

Indemnity

You acknowledge and respect that you will indemnify, hold us (our officers, directors, agents, subsidiaries, joint ventures, third party sellers and employees) harmless from and defend Art Wow against any and all claims, demands, liabilities, damages, losses, fines and expenses (including but not limited to, legal fees, other professional fees and costs of investigations), arising from or any way related to: 

- Your Content or your use of the website services, including without limitation, your sale of any products.
- Your, or anyone using your accounts, breach of these terms.
- Your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights.

We reserve the right to defend the claim against us and in this event, you agree: a) to indemnify us in the terms stated above; and b) to cooperate with us in our defence.

You are not permitted to settle any claim in any manner that binds Art Wow without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.

You understands that Art Wow operates as a platform for designers to sell their works, any legal claim in relation to the Content should be brought against the uploader of the Content.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement or your use of the website.

Notices

Unless otherwise stated explicitly, all notices required from you under these terms must be sent to the addresses listed above or to any other addresses specified by us from time to time in our sole discretion. We will provide you with any notices about changes to the Art Wow services or these terms including the privacy policy. We will make you aware of these changes by posting them on the site or by sending you an email to the email address you provided during the registration process. You will also get legal notices to such email address. 24 hours after the email is sent the email notices shall be activated, unless the sending party is notified that the email address is invalid.

Resolution of Disputes

If a dispute arises between yourself and Art Wow we strongly advise you to contact us first to seek a resolution, if we cannot resolve this then we will seek further legal advice.

Our Terms of Service was last updated on 11/11/2022.