TERMS AND CONDITIONS.
1 REGISTRATION
1. Requirements: Registration with TheArtGarden.net is only permitted for corporations and individual persons of full legal capacity. It is carried out by opening a member account and accepting these terms of service. There is no entitlement to a registration with TheArtGarden.net.
A user account is not transferable.
2. Registration: The provided data requested on the form pages during registration must be complete and correct. The e-mail address provided must be correct and valid. The user contract is formed and the membership is activated by a confirmation e-mail sent by TheArtGarden.net following the registration. The registration of a legal person may only be done by an authorized natural person
3. User name and password: During registration, the user has to choose a user name and password. This user name can be freely selected, but may not include any e-mail address or URL, nor may it violate another party's rights to names and brands. The user name chosen may not violate any ethical principles. The user must keep their chosen password secret, and the password must only be entered in the designated spaces at TheArtGarden.net. TheArtGarden.net will never ask a user for their password on the telephone, by e-mail or through other websites. The user is solely responsible for any losses or drawbacks suffered by himself, other users, TheArtGarden.net or other parties resulting from lack of care for password security.
4. Multiple accounts: In principle, users may create multiple user accounts. Any abuse of the multiple account feature is prohibited. The creation of more than 3 user accounts for one person is considered an abuse.
5. Blocking user accounts: TheArtGarden.net reserves the right to block a user account or rescind the user contract as a whole, if improper or abusive usage of the platform is detected. This includes any usage violating the terms of service or statutory provisions, and any usage running contrary to the purpose and intent of TheArtGarden.net. When blocking an account, TheArtGarden.net will consider all justified interests of the affected user. The user will be informed of the reasons for blocking the account by e-mail. The blocked account can be reactivated. There is, however, no obligation for TheArtGarden.net to reactivate the account.
6. Termination of a user account: A free account with TheArtGarden.net is valid for an indefinite time. The account can be terminated by either party at any time and without prior notice. To terminate your account with TheArtGarden.net, send a short e-mail with the subject heading “Termination of my account” and your user name to TheArtGarden@lobomedia.tv
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2 RIGHTS AND RESPONSIBILITIES
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1. Agreement: By registering with TheArtGarden.net, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
2. Responsibility: The user is solely responsible for all transferred contents and for his own demeanor on TheArtGarden.net. The user agrees to not violate laws and regulations within the boundaries of TheArtGarden.net. In case of any violation of the codes of law, ethical principles, these terms of service, or for other important reasons, we reserve the right to instantly terminate the user's account and delete all images and contents from the TheArtGarden.net website as we see fit.
3. Obligations: The user agrees to a) not transfer copyrighted material or contents that would infringe the rights of other parties in any other way to the TheArtGarden.net website, to b) not insult, libel, harass or harm other users in any way, to c) not use the data and e-mail addresses acquired by using TheArtGarden.net for commercial advertising, and to d) not use the website TheArtGarden.net for contents that are pornographic, national socialist, racist or harmful to children or that constitute a glorification of violence or any human right violation.
4. Inspection: TheArtGarden.net reserves the right - but does not incur any liability – to inspect, edit, delete or block contents that violate user obligations or the letter of the law. This also applies if a violation is suspected. There is no obligation for TheArtGarden.net to publish images and contents on the TheArtGarden.net website.
5. Copyright: By transferring any content onto the server, the user guarantees that he is entitled to provide this content for publication within the TheArtGarden.net website without any claims for compensation by TheArtGarden.net or other parties.
3D Virtual Gallery Service is provided througt a third provider: KUNSTMATRIX.com so, by transferring any content or file at TheArtGarden.net, the user guarantees that TheArtGarden.net is inttled by the user to share info or images to build the 3D Virtual Gallery with KUNSMATRIX.com and accept the KUNSMATRIX.com's Terms and Conditions:
https://art.kunstmatrix.com/en/info/terms-and-conditions
6. Indemnity clause: The user exempts TheArtGarden.net from all claims other parties may assert due to a violation of their rights, especially their copyrights, licensing rights, competition regulations or any other property rights by the content provided by the user. The user is obliged to reimburse all costs incurred in legal action effected by the violation of rights. The user agrees to support TheArtGarden.net by all means possible in meeting all third party claims based on his contents, especially by providing all documents necessary for legal defense.
7. Subject to consent: The website TheArtGarden.net and its contents are protected by copyright and other property rights. Use of these contents is subject to existing copyright laws and property regulations. Any use of these contents, including the use of extracts, is subject to prior consent of the rights owners. It is not allowed to copy any contents by saving them locally or printing them.
8. Privacy: TheArtGarden.net guarantees compliance with privacy and data protection regulations. All user related data is only processed and stored as necessary to perform the user contract. All activities on TheArtGarden.net are recorded along with the respective IP address. Find more detailed information on our Privacy page.
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3 LIABILITIES AND LIMITATIONS
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1. System failures: In principle, TheArtGarden.net strives to maintain service for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures. Scheduled offline periods are necessary to maintain and update the website. These will be announced in advance and do not constitute a breach of TheArtGarden.net's contractual obligations. TheArtGarden.net can not guarantee the availability of their internet services at all times. If labor disputes, acts of God, war, riots or other circumstances beyond the control of TheArtGarden.net prevent TheArtGarden.net from fulfilling their contractual obligations, TheArtGarden.net shall face no legal consequences.
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2. Exemption from liability: TheArtGarden.net is not liable for contracts formed between its users. The user also exempts TheArtGarden.net from all claims other users or other parties may assert due to his or her usage of TheArtGarden.net. If the rights of other users or other parties are violated by the contents provided or by other usage – such as message board activity, messaging or other - the user is obliged to reimburse all costs incurred in legal defense, including legal fees and costs. This does not apply if the user is demonstrably not responsible for the rights violation.
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3. Limitation of liability: Towards business partners, and unless essential contractural obligations are violated, TheArtGarden.net is only liable for damage if and insofar as TheArtGarden.net, its legal representatives or its executive employees can be charged with deliberate intention or gross negligence. For all other servants and assignees, TheArtGarden.net only takes responsibility in the case of deliberate intention and insofar as essential contractual obligations are violated intentionally or by gross negligence. TheArtGarden.net is not liable for consequential loss, especially not for missed profits, unless their legal representatives, executive employees or servants and assignees can be charged with deliberate intention and gross negligence. Unless deliberate intention and gross negligence can be observed, TheArtGarden.net's liabilities only cover damages typically predictable at the time of contract formation.
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Towards consumers, TheArtGarden.net is generally only liable for damages caused by an intentional and negligent violation of obligations. This limitation of liability includes all legal representatives and all servants and assignees of TheArtGarden.net. If essential contractual obligations are violated, TheArtGarden.net can be held responsible for any negligence on the part of its legal representatives and servants and assignees. Unless deliberate intention and gross negligence can be observed, this liability only covers damages typically predictable at the time of contract formation.
The aforementioned limitations of liability do not apply if TheArtGarden.net accepts explicit guarantees. Neither do they apply for damages from the loss of life, injury and health damage, or where mandatory legal regulations apply.
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4 FINAL PROVISIONS
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If the user represents a business, the user contract including these terms of service is subject to substantive law of the United Staes of America and California law. If the user is a consumer, the user contract including these terms of service is subject to substantive law of the United States of America and California law unless there are conflicting mandatory legal regulations, specifically consumer protection laws. If the user is a merchant in terms of the code of commerce, a special fund under public law or a legal person under public law, the exclusive court of jurisdictions for all disputes based on the user contract and these terms of service is determined by the location of the registered office of TheArtGarden.net. TheArtGarden.net reserves the right the modify the terms of usage and general conditions without giving reasons. All changes will be announced in time on the website TheArtGarden.net and the user will be asked for their compliance. If the user does not object, the modifications take effect. If the user objects, the account will be terminated. If one or more than one of these regulations should become ineffective, the other regulations will remain effective in spite of this. The contractual partners will replace the ineffective terms with a regulation which matches their intentions best. The same applies to any possible omissions in these terms of use.
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5 ABOUT ITEMS YOU'LL BUY ON THIS WEB SITE
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A) THE INKS.
During the the printing process, our ink is just as important as the canvas it is printed on.
We use high quality Eco-Inks or UV Inks.
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What is a UV Ink?
UV Inks are specialty inks that are dried or cured with ultraviolet light, in contrast to traditional inks, which are solvent based and need to sit in order to dry or be treated.
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UV Inks | A Technical Viewpoint
UV inks are environmentally friendly.
UV inks are odorless and can be used for indoor as well as outdoor locations.
UV ink printers can reproduce dots as small as 5 picoliters. This is a very small dot size and can generate images of stunning print quality.
UV inks are cured by UV lamps. These inks do not dry in the traditional sense but harden and fuse with the substrate beneath. This makes UV inks extremely robust. In addition to being weatherproof, UV inks also have a very strong resistance to scratches and abrasions.
What is a Eco-Solvent Ink?
Eco-solvent ink, also known as light-solvent ink, takes longer to dry, which entails less maintenance for the printer itself.
The ink is able to print on a variety of uncoated surfaces and maintain its bright colors. Once printed, the ink will be waterproof and resistant to scratches.
Eco-solvent Inks | A Technical Viewpoint
Eco solvent inks have their colors/dyes suspended in a mild biodegradable solvent. This means that they are harmless to the environment and conform to green parameters.
The inks have little or no odor. Hence these prints can be used indoors as well as outside in the open.
Ink heads using eco-sol inks have nozzles that can spray ink drops of size 6 picoliters or less. This drop size is extremely small and results in great image reproduction. As a general rule of thumb, the smaller the inkjet drop size, the finer the resolution and the higher the print quality.
Eco solvent inks are generally resistant to rain and sunlight.
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B) COLOR REPRODUCTION
Will the colors I see on my monitor be exactly how the image prints?
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The colors you see on your monitor may be close to what is printed, but due to differences in the color calibration of monitors, a perfect match cannot be guaranteed so, your canvas printed could be deliver a -10% +10% color difference vs the monitor's image.
Please, consider this before place an order.
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C) THE CANVAS
We use poly-cotton canvas to secure the advantages of both polyester and cotton.
As a result, our canvas is able to absorb and hold color as a cotton canvas would, but still delivers the sharp, vibrant finish of a polyester canvas.
This allows your canvas print to withstand the test of time and still look like it did the first day you hung it on the wall.
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D) SHIPPING ARE ONLY AS ROLLED CANVAS PRINT
What is a rolled canvas print?
As the name suggest, is essentially unstretched canvas print.
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Artworks will be shipping only as printed canvas rolled, framing is not included.
​All Canvas are printed with up to additional 3" by each side, (edge or margin) in order to give the correct margin to mount on the stretcher frame.
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The Pros of Rolled Canvas
Let’s quickly weigh the benefits of rolled canvas print against those of its framed counterpart:
Is the most safest way to ship, to avoid potentially damages during the shipping.
Much more economic vs an stretched printed canvas.
Quality on canvas is the same as the stretched printed canvas.
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Canvas Stretcher Frames are available as optional, but the default setting on your purchase will be as rolled printed canvas.
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Disclaimer:
We suggest to take the rolled canvas with a professional to mount your canvas over an stretcher frame.
For those who want to do it themselves, caution is advised, because, the inexperience could mean you end up with a spoiled print and, Returns or Exchange Policies will not applied.
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6 ABOUT THE ARTISTS, ARTWORKS AND THEIR COPY RIGHTS
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All artworks published on TheArtGarden.net to show on exhibitions, promote or for sale, has acquired the granted rights by the authors or artist, so, you can have a peace of mind, that the work you acquire is correctly remunerating the author and that it reproduction and sale is totally legal.