Terms and Conditions

Introduction
Thank you for visiting our website, www.ThouArt.com (the “Site”). This Site is operated by ThouArt, LLC, a company incorporated in Texas, USA (“ThouArt”, “we,” “us” or “our”).
These Site Terms of Use (“Terms”) (together with the documents expressly referred to in them) provide information about us and the legal terms and conditions which apply to your access and use of our Site and on which Products (“Products”) listed on our Site are sold to you.
Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
During your use of the Site our Privacy Policy will also apply.
These Terms, and any further contract between us, are available only in the English language. So far as applicable law permits, no other languages will apply.

Variation
We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. We will also notify you of any material changes to these Terms and/or Privacy Policy by an appropriate method (for example, by e-mail or via a notice on the Site) before such changes come into effect. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. ThouArt, LLC provides you with access to and use of the Site subject to your compliance with the Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing.
Nothing in these Terms affect your statutory rights.
These Terms were most recently updated on Dec. 10, 2020.
Site use and accessibility
The Site is for your personal and non-commercial use only. Please contact us using the email address below if you are a business use and would like a copy of our terms for business users.
You agree that you are solely responsible and liable for:
all costs and expenses you may incur in relation to your use of the Site; and
ii. keeping your password and other account details confidential.
We may prevent or suspend your access to the Site if you do not comply with any part of these Terms or any documents expressly referred to on it, or any applicable law.
ThouArt, LLC is committed to providing a website that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Site and in doing so aim to adhere to many of the available accessibility standards and guidelines.
While we are continually seeking out solutions that will bring all areas of the Site up to the same level of overall accessibility, in the meantime, should you experience any difficulty in accessing the Site, please don’t hesitate to contact us on Thouart1@thouart.com
The Site displays correctly in current web browsers. If you view our Site on an older browser, you may find pages do not display as intended. We recommend you upgrade your browser to the latest version to get the most from our Site. To check if you should update, visit updatemybrowser.org.

4a. Ownership, use and intellectual property rights

All copyright, trademarks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site shall remain vested in ThouArt, LLC or its licensors. All such rights are reserved.
You may retrieve and display the content on the Site on a device screen and print one copy of such content for your own personal, non-commercial use, provided you keep intact or otherwise affix any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site without written permission from ThouArt, LLC.
You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
The use or reproduction of any ThouArt, LLC trademarks appearing on the Site is strictly prohibited unless you have our prior written permission.
Please contact Thouart1@thouart.com in relation to any queries or requests regarding materials on the Site.

4b. Indemnification
If you submit artwork or any intellectual property to us for review or to publish you warrant and agree that the work is your original work and that you are the copyright holder, or otherwise own the rights to use or publish the intellectual property.

Further, you agree to indemnify and hold harmless ThouArt, LLC, its members, directors, employees, assigns and heirs for any and all intellectual property causes of action and liabilities related directly or indirectly to any artwork or intellectual property provided by you to us, and for any use or publication by us of artwork, trade names, trademarks and any other intellectual property supplied by you which generates any suit or claim against us.

Further, if you are an Affiliate you agree to indemnify and hold harmless ThouArt, LLC, its officers, members, assigns, heirs, and its attorneys for all harms and liabilities related to Affiliate's use of our website, or any related Affiliate sales or referral sale of any of our Products.

Accuracy of information and availability of the Site
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
We may suspend or terminate operation of the Site at any time in our sole discretion.
You may have certain legal rights when using the Site. These are also known as statutory rights.
The artworks described on this Site are subject to changes in availability and price without prior notice. Prices exclude all taxes.
Content is provided for your general information purposes only and to inform you about us and our products, news, features, services and other websites that may be of interest.
While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Keep in mind that sample colors, sizes and specifications may vary due to factors such as monitor or printer calibration, stretching, shrinking, humidity etc. which are factors we cannot control. Once we receive the artwork and upon inspection we will, at our sole discretion, issue a refund within 15 days, less above noted charges. Please see our refunds and returns policy.
How we use your personal information
We only use your personal information in accordance with our Privacy Policy which is detailed on our Site. Please read through our Privacy Policy, as it includes important terms which apply to you.
Hyperlinks and third-party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, content, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Submitting information to the Site
a. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions“). While we value your feedback, you agree not to send any Unwanted Submissions. Inclusion on the website is by invitation only.

We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible or liable for keeping any Unwanted Submissions confidential nor will we be legally responsible or liable to you or anybody else for any use of such Unwanted Submissions.

Other important terms
a. We may transfer or assign rights and obligations under these Terms to another organization or entity. We shall notify you in writing if this happens.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Non-Exclusive: Any Independent Contractor or Affiliate does not have an exclusive right to sell any of our Products and we will engage other Independent Contractors, Affiliates, or others to sell our products at our sole discretion.

Affiliates are independent contractors. You are responsible for your own taxes.

An independent contractors or an Affiliate is not an employee of ThouArt, LLC and agrees that we do not provide any benefits, insurances, or workers compensation insurance to Affiliates.

All images on the website are copyrighted. Affiliates are not authorized to upload, download, copy or otherwise retain a copy of any image published on our website.

At this time we sell Products only within the United States of America (USA). No products will be shipped for export or otherwise shipped outside of the USA without the express written approval of ThouArt, LLC management.

Commissions are limited to a maximum of $10 per product any product published on our website "Product", regardless of the qualifying revenues received from the sale of any Product, unless otherwise agree in writing and signed by a member or officer of ThouArt, LLC.

We reserve the right to reject any sale at our sole discretion and for any reason. Qualifying Purchases means a Product that is sold at non-discounted full retail price and to a retail (non-business) customer. The Product purchase must be accepted for sale at the sole discretion of ThouArt, LLC and must be sold via our web site www.thouart.com. Commissions will paid only after a Product is paid in full and after the return days have expired. It may take up to 30 days after the return window date for you to receive your commission.

We may withdraw or terminate your Affiliate association with us at any time, with or without cause, and without notice.

In “at will” states, we may terminate your Affiliate association with us “at will”, with or without cause, and without notice.

Commissions will be paid only for Qualifying Purchases which are Initiated during your Affiliate association with us. Initiated means 1. Orders which have been accepted by us, 2. have been shipped AND 3. have been paid in full by the retail customer. Orders generated after your association with us has terminated, you resign, or if your do not abide by our terms of use will not be commission-able or paid to Affiliates.

Events beyond our control – Force Majeure
We shall have no liability to you for any breach of these Terms caused by any Force Majeure or event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, act of war, disease or accident.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
Our responsibility for loss or damage suffered by you
a. Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
i. We exclude all implied conditions, warranties, representations, or other terms that may apply to our Site or any content on it.
ii. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 1. use of, or inability to use, our Site; or 2. use of or reliance on any content displayed on our Site.
iii. In particular, we will not be liable for: 1. loss of profits, sales, business, or revenue; 2. business interruption; 3. loss of anticipated savings; 4. loss of business opportunity, goodwill or reputation; or 5. any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for USA domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Please contact us using the email address below if you are a business user and would like a copy of our terms for business users.

Severability
To the extent that applicable law permits, each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Disputes - Arbitration
a. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as promptly as possible.

If you and we cannot resolve a dispute using our complaint handling procedure, we will i: let you know that we cannot settle the dispute with you; and ii. give you certain information required by law about our alternative dispute resolution provider. You hereby agree to Arbitration under the rules of the American Arbitration Association, and any Arbitration will take place and have venue within Harris County, Texas, USA .

If you are a business or a consumer, please note that these terms of use, their subject matter, and their formation, are governed by Texas, USA law. You and we both agree that the courts of Harris County, Texas, USA will have exclusive jurisdiction.

Notice
When we refer, in these Terms, to “in writing”, this will include United State Postal Service (USPS) mail or email at Thouart1@thouart.com
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by USPS mail at our address.
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you register on our Site, when you place an order or otherwise supply to us.

California proposition 65 warning
California proposition 65 warning requires businesses to provide warnings to Californians about significant exposure to chemicals that cause cancer, birth defects, or other reproductive harm. We use art materials and printer inks during our production and contained within our products and packaging. For more information go to www.p65warnings.ca.gov and contact us at thouart1@thouart.com

ThouArt... is a USA federally registered trademark of ThouArt, LLC.

The artworks, services and Products described above are sold in the USA only and are subject to changes in availability and price without prior notice. Prices exclude all Taxes which may be added at time of checkout, or charged at a later date.