Overview

Before we embark on this creative journey together, let's ensure everyone's on the same page! Our terms of service outline our policies regarding shipping, returns, and more. It's a friendly agreement, a handshake before we dive into the paint.

By accessing our site or using any service we offer, you agree to be bound by these Terms of Service ("Terms"). These Terms govern everything you do on our platform, from browsing our collections to creating personalized masterpieces.

To join the fun, you must be at least the age of majority in your jurisdiction, or have parental consent for any minor dependents using the site. Remember, our products and services are for lawful and authorized purposes only. Using the platform to violate any laws, including copyright regulations, or transmit harmful code is strictly prohibited. Breaching these Terms will result in immediate termination of your access.

Visiting our site or purchasing something from us means you're "engaging in our Service" and agreeing to these Terms. We reserve the right to update them at any time, so please keep an eye out for changes. Your continued use of the site following any updates signifies your acceptance of those changes.

Our online store is powered by WooCommerce and WordPress, who provide the platform for us to bring our creations to you. For more detailed information on things like liability limitations and dispute resolution, please refer to the full Terms of Service document.

We hope you enjoy exploring Housewarming Art and making your space truly your own! Just remember to use the platform responsibly and in accordance with these Terms.

Section 1: Online Store Terms

To utilize Housewarming Art, you represent that you are either at or above the minimum age of majority in your residing state or province, or, if not, you possess parental consent for any minor dependents using the site. Our products are for lawful and authorized purposes only. You are prohibited from employing the Service in a manner that breaches any existing laws within your jurisdiction, including but not limited to copyright regulations. Furthermore, the transmission of any destructive code, worms, or viruses is strictly forbidden. Breaching or violating any provision of these Terms will result in the immediate termination of your access to the Service.

Section 2: General Conditions

Housewarming Art maintains the right to decline service to any individual for any reason at any given time. You acknowledge that your content, excluding credit card information, may be transferred without encryption and may undergo transmissions across various networks, as well as modifications to align with technical requirements of connecting networks or devices. Please be assured that credit card information always undergoes encryption during network transfers. You agree to refrain from reproducing, duplicating, copying, selling, reselling, or exploiting any aspect of the Service, its usage, access, or any content on the website through which the Service is provided, without explicit written permission from Housewarming Art. The headings employed within this agreement serve as a convenience and do not impose limitations or otherwise impact these Terms.

Section 3: Making Purchases

To make your Housewarming Art dreams a reality, you'll need to provide accurate and current information for payment and contact (we treat it with care, as outlined in our Privacy Policy). Remember, you are responsible for all charges and taxes incurred by you or authorized users, and you assure you have the legal authority to use any chosen payment method. We might verify some information before accepting your order. Descriptions, images, features, and prices of our offerings can change, but current prices are always on our Sites and Apps. While we strive for accurate product representations, your device might display colors differently. Just because something's online doesn't guarantee its permanent availability. You are responsible for complying with all relevant laws regarding your purchases, and by placing an order, you promise to use them lawfully. We reserve the right, at our discretion, to limit product quantities, discontinue offerings, honor or impose conditions on promotions, restrict user purchases, and even decline providing any product or service to any user. For custom-made products, we'll charge your chosen payment method immediately upon order placement, and ownership and risk of loss for any purchase transfer to you upon delivery to our carrier. We might ship partial orders at no additional cost to you. This agreement ensures a smooth and legal experience. Be accurate, responsible, and enjoy creating your personalized world with Housewarming Art!

Section 4: Accuracy, Completeness, and Timeliness of Information

While Housewarming Art strives to ensure the accuracy, completeness, and currency of information on this site, we cannot guarantee it. The information offered here serves as general knowledge and should not be your sole basis for critical decisions. Consulting more primary, precise, thorough, or up-to-date sources is essential. Any reliance on our site's information is at your own risk.

Certain historical content may appear on this site. By its nature, this information is not current and is solely for your reference. We reserve the right to modify the site's content at any time but have no obligation to update it. You are responsible for monitoring changes to the site, as agreed upon by utilizing it.

Section 5: User Content and Copyright

1. Ownership: You retain all ownership rights to the Content you submit, upload, or post to the Website. However, by submitting, uploading, or posting your Content, you grant us a non-exclusive, worldwide, royalty-free license to reproduce, modify, adapt, publish, translate, distribute, and display your Content in connection with the Website and our services. This license includes the right to make your Content available to other users of the Website through the Service.
1. Reproduce, distribute, translate, adapt, publicly display, and publicly perform Your Content in connection with the Services and Products.
2. Create derivative works from Your Content solely for the purposes of providing the Services and Products.
3. Train artificial intelligence models on Your Content to improve the Services.
4. Use Your Content for internal research and development purposes.
5. Promote the Services and other products or services we believe may be of interest to you, with your express consent.
6. You represent and warrant that:
1. You own all intellectual property rights in Your Content or have obtained all necessary permissions, licenses, and waivers from the copyright holders, trademark owners, and other relevant rights holders to enable us to use Your Content as described in this Agreement.
2. Your Content does not infringe any third-party rights, including copyrights, trademarks, trade secrets, or privacy rights.
3. Your Content does not violate any applicable laws or regulations.
2. Representations and Warranties: You represent and warrant that:

You own all intellectual property rights in the Content or have obtained all necessary permissions, licenses, and waivers to allow us to use the Content as described in this Agreement.

The Content does not infringe any copyright, trademark, trade secret, or other intellectual property right of any third party.

The Content does not contain any unlawful, harmful, offensive, or defamatory material. 

1. Prohibited Content: You may not submit, upload, or post any Content that:

1. Infringes any copyright, trademark, trade secret, or other intellectual property right of any third party.
2. Contains any unlawful, harmful, offensive, or defamatory material.
3. Promotes or incites violence, hatred, or discrimination.
4. Exploits, abuses, or endangers children.
5. Contains pornography or sexually explicit material.
6. Violates any other provision of this Agreement.

1. Removal of Content: We reserve the right, in our sole discretion, to remove any Content from the Website that we believe violates this Agreement or is otherwise objectionable.
1. Unlawful or illegal.
2. Infringing on any third-party rights.
3. Obscene, offensive, or defamatory.
4. Hateful or discriminatory.
5. Exploitative of children.
6. In violation of this Agreement.
2. Copyright Take-Down Notice: If you believe that any Content posted on the Website infringes your copyright, you may file a copyright take-down notice with us. For information on how to file a copyright take-down notice, please visit our Copyright Policy. The Services and Products are for your personal, non-commercial use only.
1. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Services or Products except as expressly permitted in this Agreement.
2. You may not access or use the Services for any commercial purpose, including using the Services to facilitate orders for Products placed by third parties.
3. Any use of the Services other than as expressly authorized in this Agreement is strictly prohibited.
3. Disclaimer: We are not responsible for any Content posted by users of the Website. We take no responsibility for the accuracy, completeness, or legality of any Content. By using the Website, you agree to take full responsibility for all Content you submit, upload, or post.
4. To fulfill your orders and provide the Services, we may need to:

1. Copy, display, modify, stream, upload, post, publish, email, or otherwise transmit Your Content.
2. Share Your Content with our printing partners and other third-party service providers, but solely for the purpose of fulfilling your orders.
3. We will maintain commercially reasonable security measures to protect Your Content from unauthorized access, disclosure, alteration, or destruction.
4. We will retain Your Content on our servers for as long as your account is active and for a reasonable period thereafter to facilitate reprints and future orders.

Section 6: Limitation of Liability

1. a) Exclusion of Consequential and Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, REPUTATIONAL HARM, OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

1. b) Maximum Liability: COMPANY'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE PRECEDING 12 MONTHS.

Section 7: Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with:

• Your use of the Website or Services.
• Your violation of any provision of this Agreement.
• Your breach of any applicable law or regulation.
• Any Content you submit, upload, or post to the Website.

Section 8: Dispute Resolution

1. a) Binding Arbitration: Any and all disputes, controversies, or claims arising out of or in connection with this Agreement or your use of the Website or Services shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect. The arbitration shall be conducted in English and shall take place in [state/city]. The decision of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

1. b) No Class Actions: You and Company agree that you may not bring or participate in any class action or other representative proceeding against the other party in connection with any dispute arising out of or in connection with this Agreement or your use of the Website or Services.

1. c) Waiver of Jury Trial: YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES.

Section 9: Disclaimer of Warranties

• We are not responsible for any content posted by users of the Website.
• We take no responsibility for the accuracy, completeness, or legality of any Content.
• By using the Website, you agree to take full responsibility for all Content you submit, upload, or post.

Section 10: Notice for California Users

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Section 11: Jurisdictional Issues

Our Sites and Apps are controlled and operated from the United States. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Housewarming Art do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Section 12: Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (www.fluxmediausa.com/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

#YesHousewarmingArt: Sharing Your Social Media Moments

Ready to see your posts shine in our spotlight?

By responding to Housewarming Art's request with the hashtag #YesHousewarmingArt, you're granting us permission to use your social media content (including photos, videos, and text) in a variety of ways. Here's a breakdown of what that means:

What You're Giving Us:

• Broad Permission: You're giving us, our partners, and any other authorized parties the right to use, publish, share, edit, and adapt your posts, along with your username, name, picture, and any related comments or captions.
• No Limits, No Expiration: This permission is global, perpetual (meaning it never expires), and covers use on social media platforms, websites, apps, and beyond.
• Creative Control: We may make changes to your posts as we see fit, to ensure they align with our creative vision.
• All for a Good Cause: Your posts could be used for advertising, marketing, or other business purposes, but always in a way that showcases the amazing creativity of our community.

Your Promises to Us:

• Original Content: You confirm that you created the posts yourself and have the right to grant us these permissions.
• Respecting Others: You've obtained permission from any photographers or individuals featured in your posts.
• Legal and Ethical: Your posts don't violate any laws or infringe on anyone's rights.
• Honesty and Authenticity: The opinions and experiences shared in your posts are genuine.
• Ready to Share Your Spotlight Moment? Add #YesHousewarmingArt to your post and let your creativity shine!

Messaging (SMS and MMS)

By using our website or app, you may have the option to receive text messages from Housewarming Art, including:

• Marketing and promotional messages to keep you up-to-date on exciting offers and new products
• Customer service and support messages to assist you with your orders or inquiries
• Order status updates to let you know when your items are on their way

Here's how it works:

If you provide your phone number or initiate a text conversation with us, you're consenting to receive messages.

• Message frequency may vary.
• We may change the phone number we use to send messages, but we'll always let you know.
• Standard message and data rates may apply.
• Not all carriers or devices are supported, and messages may not be deliverable in all areas. We're not liable for any delays or delivery issues.

Your Consent and Privacy:

• By agreeing to receive text messages, you also agree to our Terms of Use and Privacy Policy.
• You can opt out of text messages at any time by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number we provide.
• Please note that you may need to unsubscribe from each text message program separately.