Terms of service

 

Introduction

 

Nobig.art (also referred to as "we" or "our" or “us”) provides a service for purchasing original artworks and limited limited edition prints (the "Services") through our website, accessible at www.nobig.art (the "Site"). Please read carefully the following terms of Service ("Terms") and our Privacy Policy, which may be found at www.nobig.art/pages/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Nobig.art.

 

You acknowledge and agree that, by visiting our the Site you are indicating that you have read, understood and agreed to be bound by these Terms, whether or not you have registered with the Services. If you do not agree to these Terms and the Privacy policy, then you have no right to access or use the Services.

 

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

 

Modification of Terms

 

Any new features or tools which are added to the current Site shall also be subject to the Terms. We reserve the right at our sole discretion to update, change or replace any part of these Terms by posting updates and/or changes to our website. You can review the most current version of the Terms at any time at this page.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

Other Modifications and Changes

 

We reserve the right to change the URL, modify or discontinue, and restrict or block access to the Services with or without prior notice to you. We may change descriptions or references to artworks and/ or prints, modify or discontinue any Services at any time without notice to you, including the modification or removal of any artworks, prints or other content.

We reserve the right to change the prices, limit the available quantity of the products, refuse to provide any user of the Services with any products without notice at any time.

 

Errors, Inaccuracies and Omissions

 

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

We are not responsible if information made available on this Site is not accurate complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

 

Colour

 

You understand and agree that Nobig.art uses reasonable efforts to display the colours and images of products that appear on the Site. However, we cannot guarantee that your computer monitor's display of any colour will be accurate. Therefore we are not responsible for the colour accuracy of any artwork or print displayed on the Site, and disclaim all liability in this regard.

We do not warrant that the quality of products you purchase on our Site will meet your expectations.

 

Eligibility

 

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

 

Your Account

 

In order to make a purchase on Site, you first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a member. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Nobig.art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining confidentiality of your Account and password and for restricting access to your computer. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Nobig.art of any unauthorized use of your Account.

 

We reserve the right to cancel unconfirmed accounts, accounts that have been inactive for a long time, as well as any account during our regular curation at our sole discretion.

 

You may also make a purchase on Site without creating an Account, but by utilizing our guest checkout option.

 

Purchases and Payments

 

You may purchase original artworks and prints that are listed on the Site. When you purchase such an original artwork through the Services, you are purchasing the artwork from the author, Nobig.art acting as intermediary between you two. When you purchase a print through the Services, you are purchasing it from Nobig.art.

 

If you wish to purchase original artwork or print via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account for any such purchase. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Prices and Taxes

 

Prices for original artworks and prints will be specified on the Site. These are final prices which do include shipping, handling charges, customs fees and taxes. Nobig.art will collect your billing and shipping information, process your payment and ship the purchased work directly to you.

 

Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable to comply with applicable law in the field of customs fees and taxes.

 

Order Cancellations

 

Nobig.art reserves the right to cancel any order for an original artwork or print placed via the Services if Nobig.art determines, in its sole discretion that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services.

 

 

If Nobig.art cancels an order placed via the Services, Nobig.art will attempt to notify you by sending an email confirmation of such cancellation and you will not be charged for your order. In case your order is cancelled after you have made the payment to us, Nobig.art undertakes to return the sum paid by you in 3 business days.

 

Transaction Restrictions

 

By visiting the Site and/ or creating your Account you agree and undertake not to purchase the original artwork, displayed on the Site, directly from the author or any other third party independent of Nobig.art and the Services.

 

Return Policy

 

From the time you receive your merchandise from our couriers, you have 14 days to decide whether to keep it or return it in its original condition for a refund. In the above mentioned 14 days period you have to inform us by e-mail info@nobig.art about your intent to return the product and you have 3 (three) more days from the day you contacted us to ship out the artwork/ print. If you do not notify us of your intent to return the merchandise within 14 days of receipt or you do not ship it within 3 days of notifying us, you will NOT be eligible for a refund.

 

You have to repackage the merchandise using the original packaging materials used by us. If you’ve already disposed of the original packaging, you’ll be responsible for purchasing packaging materials to send the artwork/ print back safely to us. Ship your return package using a traceable shipping method and email the shipping details (including tracking number) to info@nobig.art.

 

Please note that you are to bear additional shipping fees for the return. 

Nobig.art is not responsible for undelivered returns. 

 

Once the piece safely reaches us, we will process your return and the amount owed will be refunded to your original source of payment in the same currency and using the same exchange rate as your original order within 3 business days of your merchandise return.

 

In case the artwork/ print arrives to you in damaged packaging, please make photos and inform the transport company about the fact immediately/ at the when the parcel is handled over to you.

If the artwork/ print arrives damaged itself, please contact us by e-mail info@nobig.art within 3 (three) days of your merchandise delivery date and give us your order information and photos of damaged artwork and packaging (please save the original packaging). We will contact you to find mutually acceptable way to solve the problem.

 

General Prohibitions

 

You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading defamatory, or libellous information or content; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; (m) to manipulate the price of any item or interfere with other user’s listings.

 

In addition while using our Site and Services you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without the prior expressed written permission of Nobig.art and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site; (d) fail to deliver payment for items purchased by you; (e) transfer your Account, username and a password to another party without our consent; (f) use Services or the content of our Site for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms; (g) impersonate or misrepresent your affiliation with any person or entity; (h) encourage or enable any other individual to do any of the foregoing.

 

We reserve the right to terminate your use of the Services for violating any of the prohibited uses. Nobig.art will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

 

Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Site, delay or remove content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with these Terms or other policies.

 

Termination and Account Cancellation

 

If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Nobig.art reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event we terminate these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@nobig.art.

 

Copyright

 

All content included on this Site, such as, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nobig.art or its content suppliers and protected by intellectual property/ copyright laws. The compilation of all content on this Site is the exclusive property of Nobig.art and protected copyright laws. All software used on this site is the property of Nobig.art or its software suppliers and protected by copyright laws.

 

You agree not to reproduce, duplicate, copy, sell or resell any portion of the Site and/ or Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

 

Nobig.art respects copyright law and expects its users to do the same.

We will respond expeditiously to claims of copyright infringement committed using the Site that are reported to us. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site to info@nobig.art. Upon receipt of such notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.

 

Privacy

 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your Account. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being used in this way please do not use our Services.

 

User Comments, Feedback and Other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Optional Tools and Third-Party Links

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Disclaimer of Warranties; Limitation of Liability

 

 

The Services and Site content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Nobig.art explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 

Nobig.art makes no warranty regarding the quality or reliability of any artwork and/ or prints purchased through the Site or Services other than expressly stated in artwork/ print description on the Site. .

 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, remains with you.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free; operation of the Site may be interfered with by numerous factors outside of our control. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service sat any time, without notice to you.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

 

Neither Nobig.art nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill or reputation, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services.

In no event will Nobig.art aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the total payments that you made to Nobig.art for the artworks and/or prints that are the subject of a claim.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Nobig.art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Severability

 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

The failure of Nobig.art to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nobig.art. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Nobig.art may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire Agreement

 

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Governing Law

 

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Lithuania.

 

Contact Information

 

Questions about the Terms should be sent to us at info@nobig.art

We do our best to keep the Site and its Services working properly and our online marketplace safe. Please report problems, offensive content, and violations to support@nobig.art.