Effective January 17, 2020

User Agreement

The Artypical Designs website if comprised of various web pages operated by Artypical Designs. Your use of the Artypicaldesigns.com ("Site") is offered to you conditioned on your acceptance without modification of these terms, conditions, and notices contained herein (the “Terms”) including our privacy policy. It is your responsibility to review these legal terms of use periodically to stay informed of any updates as Artypical Designs reserves the right to modify these Terms of Service at any time which may occur without advance notice to you. The most current version will supersede all previous versions and your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service. Please read Terms carefully and keep a copy for your records and reference. By accessing and using this service, you accept and agree to be bound by the terms of this agreement. In addition, when using these services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement.

If for any reason you not agree or cannot abide to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you exit and do not use or continue to access the artypicaldesigns.com Site immediately.

Rights to Intellectual Property

All content included as part of the Service, such as graphics and images, as well as the compilation thereof an any software used on the Site, is the property of Artypical Designs or its affiliates and protected by copyright and other laws that protect intellectual property. The copyrights to all original materials of the Site are proprietary to Artypical Designs. You may not obtain or attempt to obtain through any means any proprietary property not intentionally made available or provided through the Site. You may not make any derivative works, or use any name, logo, trademark, design, copyright, domain name from this Site in any way without the express prior written consent of Artypical Designs. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on this Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Privacy

Your use of artypicaldesigns.com is subject to Artypical Designs Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

No Unlawful or Prohibited Use of this Website

You are granted a non-exclusive, non-transferable, revocable permission to access and use artypicaldesigns.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Artypical Designs that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Any offer for any product made on this Site is void where prohibited. Artypical Designs maintains this Site for your personal purchases, entertainment, information and education. You should feel free to browse the Site, however, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide, therefore, any commercial use of all or part of this Site is prohibited except under Artypical Designs’ express written consent. All rights not expressly granted here are reserved to Artypical Designs.

Guarantees or Warranties

Artypical Designs does not represent that this Site or any content, service or feature of this Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this Site will provide specific results. This Site and its components are offered for informational purposes only; this Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any error or omissions in that information. Artypical Designs may make improvements and/or changes in the Site at any time. Artypical Designs and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchant-ability, fitness or a particular purpose, title and infringement. Artypical Designs assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked websites.

Limitation of Liability

All content contained on artypicaldesigns.com is edited, checked, and verified for accuracy as much as it is possible to do so. However, there cannot be a guarantee either its accuracy or the safety of any external links it might contain. Artypicaldesigns.com, as well as its owners and affiliates can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our Site. To the maximum extent permitted by applicable law, in no event shall Artypical Designs and/or its suppliers be liable for any direct, indirect, punitive, incidental special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the Site, with the delay of inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Artypical Designs or any of its suppliers had been advised of the possibility or damages or your browsing in, or your links to other websites from, this Site. Although Artypical Designs may monitor or review any postings and the like on the website, Artypical Designs is under no obligation to do so and assumes no responsibility or liability arising from the content nor for any error, falsehood, or inaccuracy contained in any information on the Site. Artypical Designs assumes no responsibility or liability for any actions or communications by you or any related third party within or outside of this Site. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to you, some or all the above disclaimers may not apply. Your use of this Site is at your sole risk. If you are dissatisfied with any portion of the Site, or any of these terms of use, your sole exclusive remedy is to discontinue using the Site.

Indemnification

You agree to defend, indemnify and hold Artypical Designs harmless for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or you violation of any applicable laws, rules, or regulations.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and to specific portions of features of the Site, including but not limited to sales, licenses, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Service and the terms of the Application, the terms of the Application will apply.

Communications with and Materials Provided to this Website

Visiting artypicaldesigns.com or sending emails to Artypical Designs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Artypical Designs provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You are prohibited from posting or transmitting any unlawful, threatening, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Artypical Designs will fully cooperate, including but not limited to, maintaining and disclosing any transmittal’s or communications that you have had with this Site, to assist in disclosing your identity with any law enforcement authorities, court order, or governmental authority. Any communication or material you transmit to the Site by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Artypical Designs cannot prevent the harvesting of information from this Site, and you may be contacted by Artypical Designs or unrelated parties, by email or otherwise, within or outside of this Site. By posting, uploading, inputting, providing, any submission, you are granting Artypical Designs and our affiliated companies permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distributed, transmit, publicly display, reproduce, edit, reformat your submission and to publish your name in connection with your submission. Furthermore, Artypical Designs is free to use any ideas, concepts, or techniques contained in any communication you send to the Site for any purpose whatsoever including, developing and marketing products. If you transmit any ideas, concepts, or other communications to the Site, you accept that Artypical Designs will provide no compensation with respect to the use of your submission including to reproduction, transmission, publication, marketing, product development, etc.

Termination/ Access Restriction

Artypical Designs reserves the right, at its sole discretion, to terminate or modify the Site, or may terminate or modify your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Children Under 18

Artypical Designs collects personally identifiable information from visitors to artypcialdesigns.com as noted in the Artypical Designs Privacy Policy. If you are under the age of eighteen, you must ask permission from parent or guardian to use this Site. If you are a parent or guardian and have questions regarding our data collection practices as noted in the Privacy Policy, please contact Artypical Designs using the information provided in the Contact section below.

Linking Policy

Descriptions of, or references to, products, publications or websites not owned by Artypical Designs or its affiliates do not imply endorsement of that product, publication, or website. Artypical Designs has not reviewed all material linked to the Site and is not responsible for the content of any such material. You may be able to connect your Artypical Designs account to third party accounts. By connecting your Artypical Designs account to your third-party account, you acknowledge and agree that you’re consenting to the continuous release of your information to others (according to privacy settings associated with those third-party websites). Your linking to any other websites is at your own risk, therefore do not use this feature if you do not want your information shared in this manner.

Governing Law/ Void Where Prohibited

This Site shall be governed by, and your browsing in and use of the Site, shall be deemed acceptance of and consent to, the laws of the state of Texas and of United States of America, without regard to principles of conflict of laws. This Site may be viewed internationally and may contain references to products or services not available in all countries. If references to a product does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Artypical Designs intends to make such products or services available in such countries. If you access this Site from a location from outside the USA, you are responsible for compliance with all local laws. Your information will be transferred to Artypical Designs in the United States, which may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Arbitration/ Class Action Waiver

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator an administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing arty shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act govern the interpretation and enforcement of this provision. The entire dispute, including the scope of enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and /or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Artypical Designs agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Payment

All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped. An item may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.

Shipping Policies

Shipping will be paid for by the buyer in the amount agreed upon by Artypical Designs at the time of purchase. If an item is lost or damaged during shipping, exceptions and replacements will be considered by Artypical Designs and notification dates will apply as 30 days from receipt of goods. Shipping costs may double if shipping internationally. Posters are rolled shipped and are carefully packaged in a sturdy mailer to reach you undamaged. If an item is damaged during shipping, Artypical Designs will not be held responsible. Posters are printed just for you so delivery may take up to 2-4 weeks from the date of order. The estimated delivery date is based on your purchase date, the recipient's location, Artypical Designs processing time and location, and the shipping carrier. Other factors—like placing an order on a weekend or a holiday—may delay the arrival of your item beyond the estimated delivery date. Artypical Designs will make every effort that your item gets to the delivery location as soon as possible, but given other factors involved, delivery date is only an estimate.

Refund/Return Policy

All sales are final. Order cancellations are not accepted. Returns & exchanges are not accepted. Exceptions and replacements may be considered in the case of damaged or lost goods if company is notified within 30 days of expected delivery date or date poster is received. Please contact Artypical Designs directly within 10 days of shipping date if you have any questions about your order- every effort will be made to address any concerns. If an item is unsatisfactory, taking into account, the description of the item, a written explanation is needed within 30 days of receipt before the item may be considered for exchange and if the item matches the description and the buyer is unsatisfied, Artypical Designs is not responsible for exchange. Artypical Designs may grant exchanges on a case-by-case basis. Artypical Designs is not responsible for any health or safety concerns once you have received the item. If any harm is incurred from the items purchased by you, Artypical Designs shares no responsibility.

If you have any questions or comments about this Agreement, please feel free to contact us at artyicaldesigns.com/contact, by mail, PO Box 9839, Wichita Falls, TX 76308, or by phone, 940-247-2547.