Terms and conditions
Last Revised: March 1, 2013
General Terms
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website,
www.smyart.com, sub-domains, and any associated web-based and mobile applications as owned and operated by Smyart.com.
The terms “the Website”, “we”, “us” or “our” shall refer to Smyart.com. The terms “you” and “your” shall refer to any
individual or entity who accepts these Terms and Conditions.
Legal Compliance
You agree to comply with all applicable domestic (in England) and international laws, statutes, ordinances, and regulations
regarding your use of our Website. Smyart.com reserves the right to investigate complaints or reported violations of our
Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting
any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Read the provisions for use prior registering your personal website within the web space of smyart.com. The information,
published by the team of smyart.com, as well as the provisions for use, can be changed at any time without notification.
You are fully responsible for the content of the texts and photos, which you introduce through the website.
By accepting the present provisions you agree not to publish or introduce through smyart.com content, which:
· Is incorrect or inadequate, harmful, with obscene language, with pornographic content, slanderous, racist or urging to
violence, injuring or in any way offensive for the website and its participants.
· Includes disclosure of personal information.
· Concerns others’ copyrights.
· Includes viruses or computer code, files or programs, created to interfere, damage or restrict the functionality of any
software or hardware.
SMyART 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 the Website or to your downloading of any material posted on it, or on any website linked to it.
Any website found to be displaying images or text of a criminal or pornographic nature will be reported to the Authorities,
and the website will be disabled. No refunds will be given. By accepting the present provisions you also agree that:
· You shall not use the website for distribution of spam or unwanted correspondence.
· You shall not talk or send information on behalf of smyart.com.
Smyart.com reserves the right to refuse any business.
Intellectual Property
SMyART doesn’t present a claim for owning your personal website or its content and has no liabilities with regard to its
content. You agree not to reproduce, amend, replace, sale, publish or rent any part of the Website’s content, except after
reaching an agreement with the team of the website. Smyart.com respects the copyrights of the artists at their websites and
appeals to the registered users to respect the others’ rights, too.
Smyart.com should not be liable if the information about authorship, technique or signature provided in the personal websites
was in accordance with current knowledge at the time of the sale.
Website Availability
SMyART doesn’t provide any guarantees that:
· The website shall be continuously available, secure and error protected.
· The results, obtained through using the website, shall be correct and consistent with your expectations.
· The purchase or sale performed without our mediation is correct and safe.
Warranty
Smyart.com does not organise shipping of artworks and it does not accept any liability for deviations of the delivered article.
Smyart.com uses its best endeavours to achieve at least 99.9% uptime of your website. However, the Website will not be liable for any loss of income,
or any other action that might arise, in the event that your website or e-mail facility is unavailable.
For your peace of mind, and ours, ALL our websites are hosted at GoDaddy (www.godaddy.com). We have been hosting our
websites at GoDaddy since 2008.
Links to Other Websites
SMyART contains links to third party websites. These links are provided solely as a convenience to you. By linking to these
websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within
our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites.
Smyart.com has no control over the legal documents and privacy practices of third party websites; as such, you access any
such third party websites at your own risk.
Payments and Refunds
Smyart.com will refund any payments it receives with the following exceptions and conditions:
- The set-up fee is non-refundable (20 % of the fee).
- Any payments older than 30 days are non-refundable.
Privacy Policy
Smyart.com takes the protection of your personal data very seriously and strictly complies with the provisions of applicable
data protection laws. Personal data is collected on this website only to the extent technically required. The collected data
will under no circumstances be sold or disclosed to third parties for any reason.
Personally-identifiable information
If you register you give us:
· a username and password
· your name
· the assurance that you have read and wish to abide by our terms and conditions
· an email address
· Your email address is used to send you your order confirmations. We do not sell, rent, lend or in any other way release
your email address to organisations unconnected with smyart.com.
Newsletter and Email Notifications
After registered on the website you will be automatically subscribed to our free weekly email alert.
If you wish to unsubscribe to our newsletter offered on this website, you need to send us an email. You may revoke your
consent to the storage of your data, e-mail address as well as its use for sending you our newsletter at any time.
You agree that smyart.com may contact you via email about:
- Renewal notices
- Service upgrade, interruption or outage notices
- Infraction, misuse of service notices
Further Information
Your trust is important to us. Thus, we will provide you with information concerning your personal data processed by us at
any time. If your questions have not been answered by this privacy statement or if you wish more detailed information on a
certain topic, please do not hesitate to contact us at any time.
Information about Google Analytics.
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses
"cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information
generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google
on servers in the United States. Google will use this information for the purpose of evaluating your use of the website,
compiling reports on website activity for website operators and providing other services relating to website activity and
internet usage. Google may also transfer this information to third parties where required to do so by law, or where such
third parties process the information on Google's behalf. Google will not associate your IP address with any other data held
by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that
if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the
processing of data about you by Google in the manner and for the purposes set out above.
1. Copyright
1.1. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content
provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
1.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content, in whole or in part.
1.3. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other
notices contained in such Content. You may not store electronically any significant portion of any Content.
