Terms and Conditions

TERMS OF SALE

1) Acceptance of Terms

Your purchase of ART DECOR DRIVE products or services is subject to this Terms of Sale. By making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.

This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of ART DECOR DRIVE services and your use of the ART DECOR DRIVE Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.

The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the ART DECOR DRIVE Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.

2) Content of Your Purchase

The primary value of the ART DECOR DRIVE Website (Web Site) is the ability for users and potential purchasers ("Users") to view protected by copyright original ART/DECOR canvas products with the option to purchase in bulk at wholesale prices.

Once an order is made, ART DECOR DRIVE manufacturing partners are responsible for the production, packaging and shipping of all products. As such, you agree that no ART DECOR DRIVE employee, employer, officer, owner, agent or authorized representative is responsible for any items that are damaged, or misprinted. However, ART DECOR DRIVE management will act on the behalf of every account to remedy any problems with the manufacturing partner to replace products after a submitted review. All decisions are at the discretion of ART DECOR DRIVE management. ALL PURCHASES ARE FINAL and you still agree to be bound by the restrictions as laid out in the Terms of Service.

3) Color Matching

ART DECOR DRIVE sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view ART DECOR DRIVE products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.

Further, computer monitors display images with light and use a standard known as RGB to do so. ART DECOR DRIVE produces products in a variety of ways (CMYK, PMS, and others) that do not use light.

As such, you agree that ART DECOR DRIVE does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. ART DECOR DRIVE works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.

4) Materials

ART DECOR DRIVE sells products made out of canvas and wood. You agree that you have read our website and/or researched independently and that you know what these materials are and what you are buying. ART DECOR DRIVE only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that ART DECOR DRIVE is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.

As an example, you agree ART DECOR DRIVE is not responsible if the Canvas received by the purchaser is not what the purchaser envisioned Canvas would be.

You agree that all products produced and sold by ART DECOR DRIVE are for novelty purposes only. ART DECOR DRIVE does not make any claims about the legal compliance or registration of any products sold by ART DECOR DRIVE or by a ART DECOR DRIVE affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of Canvas permitted for your particular use.

5) Production Time

ART DECOR DRIVE works hard to ensure that orders will meet the quoted production time although it is not guaranteed and is limited in many ways as discussed in the Shipping Policy.

You agree that ART DECOR DRIVE will take at least 3-5 business days to process your order and that it may take longer depending on the quantities of each order and as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time ART DECOR DRIVE deposits such purchased goods with its designated shipper.

6) Return and Refund Policy

You agree that ALL SALES ARE FINAL. ART DECOR DRIVE guarantees the products it sells are free from manufacturing defects and as such will be good for 30 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to ART DECOR DRIVE. Upon receipt of the product or the photograph, ART DECOR DRIVE will send a replacement of the product after a review.

ART DECOR DRIVE does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of ART DECOR DRIVE. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by ART DECOR DRIVE as to the cause of the failure or breakage.

TERMS OF SERVICE

Effective Date: September 1st, 2024

Welcome to the ART DECOR DRIVE web site, which is located at ArtDecorDrive.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and ArtDecorDrive.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the ART DECOR DRIVE Service. Use of the ART DECOR DRIVE Web Site constitutes acceptance of these TOS. ArtDecorDrive.com is protected by copyright 2024 for all intellectual property by KASHA McKee, Palm Beach.

ART DECOR DRIVE reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the ART DECOR DRIVE Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the ArtDecorDrive.com Service. Your continued use of the ART DECOR DRIVE Web Site following posting of a new TOS on the ART DECOR DRIVE Web Site will constitute binding acceptance of the changes.

1. The ART DECOR DRIVE Service.

ART DECOR DRIVE provides an Internet-based services through the Web Site (all such services, collectively, the “ArtDecorDrive.com Service"). One such service enables users to view and purchase in bulk original, curated ART/DECOR canvas prints. ART DECOR DRIVE users may view and purchase 24/7, 365 days per year.

2. Use of the Web Site and ART DECOR DRIVE Service.

• 2.1 Eligibility. ART DECOR DRIVE will only knowingly provide the ArtDecorDrive.com Service to parties that can lawfully enter into and form contracts under applicable law. The ArtDecorDrive.com Service is not intended for children under the age of 13.
• 2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the ArtDecorDrive.com Service and the Web Site.
• 2.3Your License to Use the Web Site and the ArtDecorDrive.com Service.
  • (a) ART DECOR DRIVE solely and exclusively owns all intellectual property and other rights, title and interest in and to the ArtDecorDrive.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, ART DECOR DRIVE owns the copyrights in and to the Web Site. You will not acquire any right, title or interest therein under these TOS or otherwise.
  • (b) ART DECOR DRIVE grants you a limited revocable license to access and use the Web Site and the ArtDecorDrive.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by ART DECOR DRIVE; to compete with ART DECOR DRIVE; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, ART DECOR DRIVE may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
• 2.4 Third-Party Services. ART DECOR DRIVE may use third parties to provide certain services accessible through the Web Site. ART DECOR DRIVE does not control those third parties or their services, and you agree that ART DECOR DRIVE will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with ART DECOR DRIVE's TOS, agreements or policies, you must comply with ART DECOR DRIVE's TOS, agreements or policies, as applicable.

3. General Rules.

• 3.1 Prohibited Use. You may only use the ArtDecorDrive.com Service as expressly permitted by ART DECOR DRIVE. You may not cause harm to the Web Site or the ArtDecorDrive.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the ART DECOR DRIVE Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the ArtDecorDrive.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the ArtDecorDrive.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain ART DECOR DRIVE's name or copyrights; (vii) engage in any activity that interferes with another user's ability to use or enjoy the ArtDecorDrive.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
• 3.2 Prohibited Use Promise. By using the ART DECOR DRIVE Web Site, you are promising that you are not using the ArtDecorDrive.com Service or the Web Site for any of the Prohibited Uses.

4. Reservation of Rights.

• 5.1 Monitoring. ART DECOR DRIVE reserves the right, to monitor transactions and communications that occur through the Web Site. If ART DECOR DRIVE determines, in its sole and absolute discretion, that you or another ART DECOR DRIVE user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, ART DECOR DRIVE may cancel such transaction or take any other action to restrict access to ArtDecorDrive.com Service.
• 5.2 Modification of the Service. ART DECOR DRIVE may modify the ArtDecorDrive.com Service at any time with or without notice to you, and will incur no liability for doing so.

5. Submissions.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant ART DECOR DRIVE permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that ART DECOR DRIVE will have no obligation to keep any Submissions confidential. You will not bring a claim against ART DECOR DRIVE based on "moral rights" or the likes arising from ART DECOR DRIVE's use of a Submission. 

6. Representations and Warranties.

• 6.1 Mutual Representations and Warranties. You represent and warrant to ART DECOR DRIVE and ART DECOR DRIVE represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
• 6.2 By You. You represent and warrant to ART DECOR DRIVE that, your use of the ArtDecorDrive.com Service and any order that you place with ART DECOR DRIVE: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. 
• 7a. Disclaimers and Exclusions.
• 7a.1 DISCLAIMER OF WARRANTIES. ART DECOR DRIVE PROVIDES THE WEB SITE AND ArtDecorDrive.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ART DECOR DRIVE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, ArtDecorDrive.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. ART DECOR DRIVE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
• 7a.2 EXCLUSION OF DAMAGES. ART DECOR DRIVE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE ArtDecorDrive.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7b.Limitation of Liability.

7b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF ART DECOR DRIVE EXCEED THE VALUE OF SERVICES RENDERED. THE VALUE OF SERVICES ARE LIMITED TO THE STATED VALUE ON THE ART DECOR DRIVE WEB SITE OR AS STATED BY AN AUTHORIZED ART DECOR DRIVE AGENT.

8. Indemnification.

You agree to indemnify and hold ART DECOR DRIVE and its employees, representatives, agents, affiliates, directors, officers, managers (“Parties”), harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim of misuse of ArtDecorDrive.com Services. If you have to indemnify ART DECOR DRIVE under this Section, ART DECOR DRIVE will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without ART DECOR DRIVE's express written permission.

9. Termination.

• 9.1 Termination. ART DECOR DRIVE may suspend or terminate your use of the Web Site or ArtDecorDrive.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
• 9.2 Survival. Notwithstanding Section 9.1 above, these TOS will survive indefinitely unless and until ART DECOR DRIVE chooses to terminate them.
• 9.3 Effect of Termination. If you or ART DECOR DRIVE terminates your use of the Web Site or the ArtDecorDrive.com Service, ART DECOR DRIVE may delete any information relating to your use of the ArtDecorDrive.com Service on ART DECOR DRIVE's servers or otherwise in its possession and ART DECOR DRIVE will have no liability to you or any third party for doing so.

10. Notice.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to ART DECOR DRIVE, you must use the following addresses: 500 N Dixie Hwy, Lake Worth Beach, FL 33480 United States goldbuttonmedia@gmail.com. If ART DECOR DRIVE provides notice to you, ART DECOR DRIVE will use the contact information provided by you to ART DECOR DRIVE. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

11. Dispute Resolution/Waiver of Jury Trial

All disputes arising out of, relating to or connected with these TOS or your use of any part of the ArtDecorDrive.com Service will be exclusively resolved under confidential binding arbitration held in Palm Beach County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Palm Beach County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Palm Beach County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue GOLDBUTTONMEDIA LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the ArtDecorDrive.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the ArtDecorDrive.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 11, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

12. Miscellaneous.

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of ART DECOR DRIVE. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and ART DECOR DRIVE are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.