Terms of service

OVERVIEW

 

This website is operated by Artistic Bear. Throughout the site, the terms “we”, “us”, and “our” refer to Artistic Bear. Artistic Bear offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

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. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be exclusively available online through the Artistic Bear website. These products or services might come in limited quantities and are eligible for return or exchange as outlined in our Refund Policy: [LINK TO REFUND POLICY]. Every effort has been made to accurately display the colors and images of our products on the store. However, we cannot guarantee that your computer monitor will accurately reflect the colors. We retain the right, though not obliged, to restrict the sale of our products or services to specific individuals, regions, or jurisdictions, exercising this discretion on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change without notice, at our sole discretion. We may discontinue any product at any time, and any offer for a product or service on this site is void where prohibited. We do not guarantee that the quality of products, services, information, or other materials obtained through the Artistic Bear website will meet your expectations. Additionally, we do not warrant that any errors in the service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to reject any order placed with Artistic Bear. In our discretion, we may choose to limit or cancel quantities purchased per individual, household, or order. These limitations may encompass orders made under the same customer account, the same credit card, and/or orders utilizing identical billing and/or shipping details. Should there be any changes to or cancellations of an order, we will make an effort to notify you through the email and/or billing address/phone number provided during the order placement. We also hold the authority to restrict or prevent orders that, in our sole judgment, seem to be made by dealers, resellers, or distributors.
You commit to supplying current, complete, and accurate purchase and account information for all transactions conducted at the Artistic Bear store. It is your responsibility to promptly update your account and other details, including email address and credit card information, to facilitate the completion of your transactions and enable us to contact you as necessary.
SECTION 7 - OPTIONAL TOOLS

Artistic Bear may grant you access to third-party tools, the monitoring and control of which we disclaim.
You acknowledge and agree that the provision of access to such tools is on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without endorsement. We bear no liability arising from or related to your utilization of optional third-party tools.
Your use of the optional tools provided through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are acquainted with and approve of the terms on which tools are supplied by the relevant third-party provider(s).
In the future, Artistic Bear may introduce new services and/or features through the website, including the release of new tools and resources. Such additions shall also be governed by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through Artistic Bear's Service may contain materials from third parties.
Third-party links provided on this site may lead you to websites not affiliated with Artistic Bear. We do not assume responsibility for examining or assessing the content or accuracy of these third-party materials or websites, and we disclaim any warranty or liability for them. This includes other materials, products, or services offered by third parties.
We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. It is essential to thoroughly review the policies and practices of these third parties and ensure your understanding before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Should you send specific submissions (such as contest entries) at our request or provide creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, via email, or otherwise (collectively, 'comments'), you agree that we may use, without restriction, edit, copy, publish, distribute, translate, and otherwise utilize any comments forwarded to us in any medium at any time. We are not obligated (1) to keep any comments confidential; (2) to compensate for any comments; or (3) to respond to any comments.
While we may, at our discretion, monitor, edit, or remove content, we are not obliged to do so. Content determined in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, may be subject to monitoring, editing, or removal.
You affirm that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could impact the operation of the Service or any related website. Using a false email address, pretending to be someone else, or misleading us or third parties regarding the origin of any comments is prohibited. You are solely responsible for the accuracy of your comments, and we assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through the Artistic Bear store is subject to our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

On occasion, there may be information on the Artistic Bear site or within the Service that contains typographical errors, inaccuracies, or omissions related 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 modify or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice (including after you have submitted your order).
We do not undertake any obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 international, federal, provincial or state 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 information; (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 Service 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not assure that the results obtained from using the Service will be accurate or reliable.
You acknowledge that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered through the Service are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Artistic Bear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Artistic Bear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - 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 of Service are effective unless and until terminated by either you or Artistic Bear. You may terminate these Terms of Service at any time by notifying Artistic Bear 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 of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

The failure of Artistic Bear to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Artistic Bear on this site or in respect of the Service constitute the entire agreement and understanding between you and Artistic Bear. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Artistic Bear (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby Artistic Bear provides you Services shall be governed by and construed in accordance with the laws of the United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time on this page. Artistic Bear reserves the right, at its sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to Artistic Bear at customerservice@emunagroup.com.

Our contact information is provided below:

Artistic Bear

30 N Gould St Ste R - Sheridan, WY 82801