ARTOPIA USER AGREEMENT
ATTENTION: THIS IS A BINDING CONTRACT
Welcome to Artopia.  Artopia is providing its website and related services ("Site") to you subject to the following User Agreement ("Agreement").  If you do not agree with any of the terms of this agreement, please do not access or otherwise use the Artopia site because if you do, your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below.  Also you should understand that Artopia may change this agreement at any time by posting an updated user agreement on this site. If you are a registered user, Artopia may send you  an email notice of the changes.  If any the changes are unacceptable to you, you must stop using this site.  If you do not stop but continue to use the site, then by using it you are agreeing to Artopia's new user agreement. If you have any questions about the agreement, you may contact us at info@artopia.com.
   
VERY IMPORTANT – INFRINGEMENT CLAIMS: ALL THE ARTISTS OR DESIGNERS WHO SUBMIT THEIR ART AND DESIGNS TO US AGREED TO ONLY SUPPLY US WITH  IMAGES THEY EITHER CREATED, THEY ARE THE AUTHORIZED AGENT FOR THE CREATOR OR HAVE A WRITTEN LICENSE FROM THE OWNER TO USE OR THEY HAVE VERIFIED IT IS IN THE PUBLIC DOMAIN.  THEY HAVE AGREED TO INDEMNIFY ARTOPIA FROM ANY CLAIMS AND TO DEAL WITH AND DEFEND ANY CLAIMS.

 IF YOU THINK AN IMAGE ON ARTOPIA VIOLATES YOUR RIGHTS PLEASE NOTIFY US IN WRITING AT: ABUSE@ARTOPIA.COM. TELL US EXACTLY WHICH DESIGN ON OUR SITE YOU BELIEVE INFRINGES, WHAT RIGHT IT INFRINGES (COPYRIGHT, TRADEMARK, PUBLICITY CONTRACT, ETC.) HOW YOU BELIEVE IT INFRINGES, A SPECIMEN OF YOUR WORK WHICH YOU BELIEVE IT INFRINGES UPON AND CONTACT INFORMATION FOR YOU.  WE WILL SEND YOUR CLAIM ON TO THE ARTIST/DESIGNER WITH INSTRUCTIONS TO CONTACT YOU AND TO RESOLVE THE ISSUE.

Back to the folks who just browse our site and buy from us.
We will try, to provide  you with an interesting fun experience when you shop at our site.

Termination
You agree that Artopia, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site or not fill an order(s) at any time for any reason or no reason. Artopia may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or cancellation of any order under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Artopia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Artopia shall not be liable to you or any third-party for any termination of your access to the Site or cancelation of any order. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to stop using the Site.

Privacy Policy
Your privacy is very important to Artopia. Users of this Site should refer to our privacy policy for information about how Artopia collects and uses personal information. By accepting this Agreement you expressly consent to Artopia's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

User Account, Password, and Security
You may receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Artopia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Artopia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Pricing and Shipping
All prices are in US dollars and do not include shipping, taxes, handling or packaging charges unless noted. Prices and products may change at Artopia's discretion. Title and risk of loss for all products ordered by you shall pass to you on Artopia's shipment to the shipping carrier.

Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.

Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We are not obligated to ship a product based on incorrectly posted price. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

Links
The Site may provide links to other websites or resources. Because Artopia has no control of such sites and resources, you acknowledge and agree that Artopia is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Artopia is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
 
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTOPIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ARTOPIA DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT ARTOPIA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT ARTOPIA MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED OR THAT YOUR INFORMATION WHICH IT COLLECTS WILL NOT BE INADVERTENTLY STOLEN OR LOST.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTOPIA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ARTOPIA OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ARTOPIA OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOUR ONLY RECOURSE FOR DEFECTIVE GOODS SHALL BE THE REPLACEMENT OF THE GOODS WITH THE SAME OR SIMILAR GOODS OR A REFUND OF YOUR PURCHASE PRICE INCLUDING SHIPPING AT ARTOPIA'S DISCRETION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SEVERABILITY
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

GENERAL
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Ohio without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Columbus, OH in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof.
The Arbitrator may award attorney's fees and costs to the prevailing party or to a party who has offered a settlement  which has been declined and then was found to be liable for that amount or less.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Artopia may assign its rights and responsibilities hereunder without notice to you.

The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Artopia's failure to act with respect to a breach by you or others does not waive Artopia's right to act with respect to subsequent or similar breaches.

This Agreement, together with the Privacy Agreement constitutes the entire agreement between you and Artopia, and supersedes all other communications, written or oral, with regard to the Site and services provided by Artopia.