Last Updated Date: Feb. 29, 2020
Street Art Mankind Corp. (“SAM”) provides a service of selling existing original artworks, prints and additional items featured on www.streetartmankind.org, and also of services to produce customized artworks (the “Services”) through its website, accessible at www.streetartmankind.org (the “Website”).
THE VISITOR ACKNOWLEDGES AND AGREES THAT, BY ACCESSING OR USING THE WEBSITE OR BY PURCHASING SERVICES OR BIDDING ON OR THROUGH THE WEBSITE, THE VISITOR IS INDICATING THAT VISITOR HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS. IF THE VISITOR DOES NOT AGREE TO THESE TERMS, THEN VISITOR HAS NO RIGHT TO ACCESS OR USE THE WEBSITE OR SERVICES. If the visitor accepts or agrees to these Terms on behalf of a company or other legal entity, the visitor represents and warrants that the visitor has the authority to bind that company or other legal entity to these Terms and, in such event, “the visitor”, “you” and “your” will refer and apply to that company or other legal entity.
SAM reserves the right, at its sole discretion, to modify, discontinue or terminate the Website or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or provide the visitor with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Website or Services after we have posted a modification on the Website or have provided the visitor with notice of a modification, the visitor is indicating that the visitor agrees to be bound by the modified Terms. If the modified Terms are not acceptable to the visitor, the visitor’s only recourse is to cease using the Website and Services.
The Services that we offer are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services the visitor represents and warrants that he/she is 18 or older.
Purchases of Services
The buyer may purchase Services that are listed on our Website through a direct purchase or via an auction. When the buyer purchases such a Services through the Website, the buyer is purchasing the artwork from SAM and not from the Artist on the listing. Prices for Services will be as specified on the applicable listing plus any additional shipping and donation fees that the buyer would have elected, and with corresponding applicable sales taxes. The prices presented online do not include shipping, donations and Taxes. SAM will collect the buyer’s billing and shipping information to process your payment.
SAM may place certain items in auction for a limited time. These items will be identified in the Shop by the word “Auction” and they will be open to bidding by any visitor of the Website. As soon as the auction is made available on the Website, visitors will be able to place incremental bids. In order for the item auctioned to be sold, a bid must be placed on the Website, and it must meet the minimum item value required.
For the bidder’s bid to be registered the bidder needs to select a bid amount, and enter the bidder’s correct full name, phone number and email. The bidder’s information will be kept during the time of the bidding to be able to send the visitor’s notifications of the progress of the bidding: bid confirmation, overbidding notice, loss notice and win notice. If a bid is placed within the last five minutes of the auction, the end time will be extended by an additional 5 minutes allowing for final bids to be placed.
The highest bidder during the full time of the auction will receive a confirmation by email of his/her win at the end of the auction time, requesting his/her immediate payment for the highest bid he/she previously placed. A link will be shared with the winner for him/her to process his/her payment immediately, and by such confirm his/her purchase of the item.
Should the winner not confirm his/her purchase within the next 30min following the end of the auction, SAM reserves the right to immediately cancel the purchase of the winner, and offer the item previous placed in auction to a lower bidder.
At the time of the confirmation of his/her purchase the winner of the auction will have the possibility to elect his/her shipping method, add a donation to SAM and pay the corresponding sales taxes. The prices presented online do not include shipping, donations and Taxes. SAM will collect the buyer’s billing and shipping information to process his/her payment.
SAM reserves the right to cancel any order for Services placed via the Website if SAM determines, in its sole discretion that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Website. If SAM cancels an order placed via the Website, SAM will send the buyer an email confirmation of such cancellation and the buyer will not be charged for buyer’s order.
Responsibilities & Guarantees
Use of the Website implies the knowledge and acceptance of the characteristics and limits of the internet, and of any translations of the Website into any languages other than English and in particular those relating to technical performance; response times when consulting, searching for or transferring information; and of the risks inherent in any connection and transmission over the internet.
Consequently, in the absence of any failure on its part, SAM cannot be held responsible for any damage that may be suffered by a Buyer, in particular but not exhaustively for any:
The buyer also understands and agrees that SAM uses commercially reasonable efforts to display the colors of artworks accurately via the Website. However, because individual computer monitors may display colors differently, and sizes represented may display approximate proportions of the Services, SAM is not responsible for the color and the display size accuracy of any Services displayed on the Website, and disclaims all liability in this regard.
All users of the internet are required to take all appropriate measures in order to: (i) protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage (ii) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website (by sending an email via the contact form) so that SAM can make all verification, and if necessary, erroneous information can be corrected
The responsibility of SAM towards the Buyer cannot be engaged except where the facts are exclusively attributable to him/her and where he/she would suffer prejudice directly related to those facts. SAM cannot be held responsible for indirect loss or damage. Neither shall SAM be held responsible for any incorrect use of the Services by the Buyer or for any fault on his/her part. Neither shall SAM be held responsible for any loss or damages attributable to a third party to the Services.
By using the Website, the Buyer declares that he/she is fully informed of the characteristics and restrictions of the internet, that he/she alone is responsible for the information supplied in the context of his/her account on the Website and for his/her relations with other users of the Services.
The Buyer is solely responsible for his/her usage of the Services.
Buyers are informed that SAM may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.
SAM may make available through the Website: text, graphics, audio, video and images of services (collectively, “SAM Content”). SAM authorizes the visitor to download, view and print SAM owned Content solely for the visitor’s personal use in visiting the Website. No licenses or rights are granted to the visitor by implication or otherwise under any intellectual property rights owned or controlled by SAM.
All Website texts, comments, works, illustrations, Artworks, and images reproduced or depicted on the Site are strictly protected under copyright, trademark, intellectual property rights, and other laws of the United States and throughout the world.
Any reproduction, representation, modification or adaptation in whole or in part of the Website and/or all or part of the elements that appear on the Website or that are integrated within it, is strictly prohibited.
Visitor agrees to make every effort to notify SAM of any infringement of intellectual property rights that they may notice.
The website may contain links to third-party websites or resources. The visitor acknowledges and agrees that SAM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SAM of such websites or resources or the content, products, or services available from such websites or resources. The visitor acknowledges sole responsibility for and assume all risk arising from his/her use of any such websites or resources.
These Terms and any action related thereto will be governed by the laws of New York without regard to its conflict of laws’ provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between SAM and the visitor regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between SAM and the visitor regarding the Website and Services.
The visitor may not assign or transfer these Terms, by operation of law or otherwise, without SAM’s prior written consent. Any attempt by the visitor to assign or transfer these Terms, without such consent, will be null and of no effect. SAM may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind
and inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms, please contact SAM at [email protected].