Terms Of Service

LAST UPDATED ON AUGUST, 2023.

WELCOME TO MADARTANDCO.COM

This website ("Website" or "Site") is owned and operated by MooreArtDigitally, LLC ("MooreArtDigitally," "we," or "us"). These Terms of Use and the Privacy Policy apply to all visitors, users, and others who access this Website ("users" and/or "you").

TERMS OF USE

These Terms of Use explain the terms by which you may use our Website and our services. By accessing or using the Website, you signify that you have read, understood, and agree to be bound by these Terms of Use ("Terms of Use"), whether or not you have registered to create an account at https://madartandco.com/account/login?return_url=%2Faccount. These Terms of Use and our Privacy Policy https://madartandco.com/pages/privacy create the terms of your and our agreement whenever you use this Website and when you choose to purchase products through this Website.

IMPORTANT NOTICE

Please read these Terms of Use carefully before you start to use this Website. By accessing or using this Website and/or purchasing products through our Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://madartandco.com/pages/privacy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Site.

AGE RESTRICTIONS

If you are not at least 13 years old, do not use this Website. If you are between the ages of 13 and 18, we assume that if you are using this Site or purchasing products through this Site, you have the permission of a parent or guardian to do so. If you do not have such permission, do not use this Site or purchase products on this Site.

CHANGES AND UPDATES

We reserve the right to amend these Terms of Use and Privacy Policy at any time and without prior notice. If we do this, we will post the amended Terms of Use and/or Privacy Policy and indicate at the top of the Terms of Use or the Privacy Policy, as the case may be, the date they were last revised. Your continued use of this Website after any such changes are made signifies your acceptance of the new Terms of Use and Privacy Policy. If you do not agree to any changes or additions to these Terms of Use, do not continue to use or access this Site.

ACCESSING THIS WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any material we provide on this Website at our sole discretion. We will not be liable if, for any reason, all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.

If you register for an account, you will be asked to provide certain personal information at the point of collection and to create a password (see our Privacy Policy for more information). If you believe someone else has compromised your account or taken your password without permission, please alert us immediately at info@madartandco.com. If we believe you or someone else is using this Website or your account in a way not allowed by these Terms of Use, we have the right to disable your account or other credentials you set up at any time.

USE OF YOUR ACCOUNT

You are responsible for all activity on the Site from your account or that uses your credentials. You are responsible and liable for any security breaches that occur with respect to the Website through your account.

USE OF OUR WEBSITE

You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," or any other tool or malicious code that would disrupt our Website or try to compromise other users and their accounts. This Site does not allow users to post content.

You agree that you will not use any means with respect to the Website, including any automatic or electronic means, to obtain or access any information, data, or materials provided by any other users.

SHOPPING

Shopping Bags: When you shop on our Site, you can use a shopping bag to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, how you are paying for your items, and the sizes you need.
Check Out: When you check out, the data is transmitted to our third-party payment processing company (currently, we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payment (such as Apple Pay), you will be entering your information into those third parties' sites, and you should review those providers' terms of use and privacy policies.
Back Order: If any item you select is on back order, we will send you updates to let you know when it will be available. This notice will be sent to the email you provide when you are getting ready to check out.
Pricing and Product Errors/Corrections: We strive to present current, accurate, and reliable information regarding our products. However, occasionally, this Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this Site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for that product. Furthermore, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then canceled, we will issue a credit to your original method of payment for the amount of the incorrect price.
Not for Resale: You are expressly prohibited from using this Site to purchase any product for purposes of resale by you or any other person. We expressly disclaim all warranties for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actually resell any product purchased from the Website.

PROBLEMS

If there is a problem with the information you provide when you check out, we will try to reach you through the contact information you provided.

FRAUD

If there is any concern about fraud or credit, we will notify you if allowed by law. We may be required by law to report the problem to law enforcement officials first. We use a third-party vendor to detect fraud.

YOUR MONEY

When you check out and input your payment information, you promise, represent, and warrant that the information is accurate, that you are authorized to use the provided payment method, and that you will notify us of changes that could impact your order, your account, or your payment.

CANCELLING OR RETURNING PRODUCTS

Please see our Return and Cancellation Policy by clicking here: https://madartandco.com/pages/returns-and-exchange-policy

PRICES AND TAXES

We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except as required under applicable tax laws, the actual tax amount applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

SHIPPING CHOICES AND COSTS

When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties reflected in your final order summary.

PROPRIETARY RIGHTS

This Website and its entire contents, our products, and the photographs of our models and products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio, and the design, selection, and arrangement thereof) - collectively and individually referred to as the "Materials" - are owned by MooreArtDigitally, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any MooreArtDigitally Materials. Use of the MooreArtDigitally Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to submit comments or suggestions about the Site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.

SECURITY

We have implemented reasonable technical, security, and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. For more information, see our Privacy Policy https://madartandco.com/pages/privacy. However, despite these reasonable measures, we cannot guarantee that someone will not access your information without our or your permission. It's your choice whether or not to provide information to us through this Website.

THIRD-PARTY SERVICE PROVIDER

When you proceed to checkout, your information will be transmitted to our third-party payment processor (currently, Shopify). We also have a third party that monitors our e-commerce transactions to detect fraud. See our Privacy Policy for more information about our third-party providers https://madartandco.com/pages/privacy.

THIRD PARTY SITES

If you link to another website from this Website for any other goods or services, or if you come to this Site from a third-party site, you understand that these Terms of Use and the Privacy Policy do not apply to your use of those other sites. You expressly relieve MooreArtDigitally from any and all liability arising from your use of any third-party website or services.

INDEMNITY

To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless MooreArtDigitally and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use, including without limitation; (iii) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights, or any contractual or proprietary rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or data submitted via your account; or (vi) any other party's access and use of the Website with your unique username, password, or other appropriate security code.

DISCLAIMERS AND LIMITATION OF LIABILITY

This Website is provided on an "as is" and "as available" basis. Except as expressly stated herein, the Site is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, MooreArtDigitally, its subsidiaries, and its licensors do not warrant that the content on this Website is accurate, reliable, or correct; that the Site will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components.

To the fullest extent permitted by applicable law, in no event shall MooreArtDigitally, its affiliates, and their officers, directors, members, managers, employees, or its licensors, vendors, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that arise from or relate to the Terms of Use, this Website, or that result from the use of, or inability to use, the Website.

To the maximum extent permitted by applicable law, under no circumstances will MooreArtDigitally be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site, your account, or the information contained therein.

To the maximum extent permitted by applicable law, MooreArtDigitally and its affiliates, officers, directors, members, managers, and employees have no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content, materials, data, or information; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of our Site; (iii) any unauthorized access to or use of this Website and/or any and all personal information stored therein; (iv) any bugs, viruses, trojan horses, malicious code, or the like that may be transmitted to or through our Site by any third party; (vi) any errors or omissions in any content, information, or data or for any loss or damage incurred as a result of the use of any content, data, or information posted, uploaded, emailed, transmitted, or otherwise made available through the Site; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.

In no event shall MooreArtDigitally or its affiliates' total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms of Use or your use of the Website (whether in contract, tort, warranty, or otherwise) exceed the amount paid by you, if any, for accessing this Website during the twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of [Your State], excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the State of [Your State], and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

TERMINATION

MooreArtDigitally reserves the right, without notice and in its sole discretion, to terminate your right to access or use this Website, including to block or prevent your access to and use of the Site, for any reason or no reason, and you agree that MooreArtDigitally shall not have any liability to you for any such termination.

SEVERABILITY

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and MooreArtDigitally with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and MooreArtDigitally with respect to the Website.

CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

MooreArtDigitally, LLC

Address: 9620 Las Vegas Blvd S
STE E4 # 705, Las Vegas, NV 89123-6508 United States Email: info@madartandco.com