Welcome to TheArtRoom.biz. TheArtRoom.biz and its affiliates provide access to the TheArtRoom.biz website (the "website") and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the TheArtRoom.biz website. By using the TheArtRoom.biz website, you signify your agreement to be bound by these conditions .
In addition, when you use any current or future TheArtRoom.biz service, you will also be subject to the guidelines and conditions applicable to that service.
Conditions Relating to Your Use of TheArtRoom.biz
Please review our Privacy Notice, which also governs your visit to TheArtRoom.biz, to understand our practices.
2. Access to TheArtRoom.biz
We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Licence for website access
TheArtRoom.biz grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TheArtRoom.biz. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheArtRoom.biz and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising TheArtRoom.biz or its affiliates' names or trademarks without the express written consent of TheArtRoom.biz. Any unauthorised use terminates the permission or license granted by TheArtRoom.biz.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TheArtRoom.biz as long as the link does not portray TheArtRoom.biz, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TheArtRoom.biz logo or other proprietary graphic or trademark as part of the link without our express written consent.
4. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not TheArtRoom.biz, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety
5. Defamation claims
TheArtRoom.biz operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, TheArtRoom.biz will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time .
6. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TheArtRoom.biz, its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors rights and database right laws.
The compilation of all content on this website is the exclusive property of TheArtRoom.biz and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of TheArtRoom.biz, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and authors rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without TheArtRoom.biz express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without TheArtRoom.biz express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without TheArtRoom.biz express written consent.
7. Intellectual Property Claims
TheArtRoom.biz and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement.
TheArtRoom.biz, the Art Room logo and other marks indicated on our website are trademarks or registered trademarks of TheArtRoom.biz. or its subsidiaries (collectively "The Art Room"), in the European Union and/or other jurisdictions. TheArtRoom.biz graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade address of The Art Room . The Art Room trademarks and trade dress may not be used in connection with any product or service that is not The Art Room i, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Art Room . All other trademarks not owned by The Art Room that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Art Room.
When ordering goods from TheArtRoom.biz for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from TheArtRoom.biz, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10. Electronic communications
When you visit TheArtRoom.biz or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City.
15. Our details
TheArtRoom.biz is the trading name for The Art Room .
This website is owned and operated by The Art Room .
You can contact us by visiting www.TheArtRoom.biz/getintouch.php
Notice and Procedure for Making Claims of Infringement
TheArtRoom.biz is the trading name for The Art Room . We respond expeditiously to intellectual property rights owners who complete and submit the Notice Form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to TheArtRoom.biz and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify TheArtRoom.biz and its affiliates for all claims brought by a third party against TheArtRoom.biz or its affiliates arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice to TheArtRoom.biz may result in civil liability. You should contact a solicitor should you have any questions.
If you believe that your intellectual property is being violated by an item or information on the TheArtRoom.biz site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF to:
Email PDF: firstname.lastname@example.org
Subject Line: Claim of Infringement
(We will accept a signed PDF via email with the subject line "Claim of Infringement" , unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
Re:www.TheArtRoom.biz (trading name for The Art Room)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(2) Listing's and Allegation of Infringed Right:
(a) The listing’s number or detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name of used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent).
[REPEAT (2)(a-b) as necessary for multiple items.]
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
Notice and Procedure for Notifying TheArtRoom.biz of Defamatory Content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to TheArtRoom.biz of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, The Art Room, Alwynds, Stockton-on-Tees, TS21 2ET, . Please note that this procedure is exclusively for notifying TheArtRoom.biz of Defamatory content on or advertised for sale on the TheArtRoom.biz website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to TheArtRoom.biz of Defamatory Content may result in civil and criminal liability.
Notice to TheArtRoom.biz of Defamatory Content
In the matter of www.TheArtRoom.biz
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www. TheArtRoom.biz ("the website"). I make this statement in support of my giving TheArtRoom.biz notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a book being sold by TheArtRoom.biz via the website entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.