By submitting an order you are agreeing to our Terms of Service —
- You understand and agree that ArtistExpress’ in-hand dates and pricing are contingent on: (i) ArtistExpress’ immediate receipt of your print-ready files in compliance with ArtistExpress’ listed technical specifications; (ii) Invoice paid in full; (iii) Up to date shipping and contact information in your ArtistExpress customer profile.
- You understand and agree that a failure to comply with any of the above will no longer guarantee the in-hand date and may result in a change to your invoice amount.
- You assert that the print-ready files you will provide to ArtistExpress are in compliance with ArtistExpress’ listed technical specifications. You understand and agree that if they are not then your in-hand date and invoice amount will not be guaranteed.
- If ArtistExpress determines that the print-ready files provided are not in compliance with ArtistExpress’ listed technical specifications you agree that you will immediately remedy them to make them print ready. You understand and agree that depending on the nature of the noncompliance and the time it takes to remedy the problem a change to the in-hand date and/or a change in the invoice amount may be necessary.
- You assert that you have the legal publication rights to the works you are submitting for print and that no other person or entity may make any claim on those rights that in any way would prohibit you from entering into this agreement. Further, you agree to indemnify and hold blameless ArtistExpress against any claims that may be brought by any person or entity as a result of your entering into this agreement.
- You understand that ArtistExpress reserves the right, at its sole discretion, to modify or replace any part of this Terms of Service. It is your responsibility to check this Terms of Service page periodically for changes. Your continued use of the services provided by ArtistExpress following the posting of any changes to this agreement constitutes acceptance of those changes. ArtistExpress may also, in the future, offer new services and/or features through the website (including the release of new aides and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
- ArtistExpress may terminate your access to all or any part of our services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement you may simply discontinue using the services provided by ArtistExpress. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Services provided by ArtistExpress are provided “as is”. ArtistExpress does not make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
- In no event will ArtistExpress be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ArtistExpress. ArtistExpress shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- You represent and warrant that (i) your use of services provided by ArtistExpress will be in strict accordance with the ArtistExpress Privacy Policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the ArtistExpress website will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold harmless ArtistExpress, its officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the services provided by ArtistExpress, including but not limited to your violation of this agreement.
- This Agreement constitutes the entire agreement between ArtistExpress and you. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the ArtistExpress website will be governed by the laws of the state of Arizona, U.S.A.