Our Terms



1. Terms of Use

You may use our Products only if you can form a binding contract with Action Art, and only in compliance with these Terms and all applicable laws. When you create your Action Art account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
 
b. Our license to you
 
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

2. Your Content and Images


a. Posting content
 
Action Art allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Action Art.
 
b. How Action Art and other users can use your content
 
You grant Action Art and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on Action Art solely for the purposes of operating, developing, providing, and using the Action Art Products. Nothing in these Terms shall restrict other legal rights Action Art may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
 

3. Copyright Policy

Action Art has adopted and implemented the strict Copyright rules in accordance with the Digital Millennium Copyright Act. For more information, please read our policy.

a. Any File uploaded to Action Art reminas the property of the poster and they retain responsibility for all Copyright rules and have obtained full permission from the owner or own the file, to be preproduced for printing.

4. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Action Art. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Action Art, you do so at your own risk and you agree that Action Art will have no liability arising from your use of or access to any third-party website, service, or content.

COPYRIGHT CLAIMS

We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member's responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the "Referral Date"), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member's membership.

5. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Action Art and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

6. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
 
ACTION ART SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
 
Action Art takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
 

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTION ART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ACTION ART 'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

8. Arbitration

For any dispute you have with Action Art, you agree to first contac us and attempt to resolve the dispute with us informally. If Action Art has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Australian Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AArefxcept as provided herein. Unless you and Action Art agree otherwise, the arbitration will be conducted in the State where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Action Art will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ACTION ART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION

 

9. General Terms

Notification Procedures and changes to these Terms. Action Art reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Delivery
We endeavour to have processed and shipped your product within 2 days of receiving funds. However we cannot guarantee delivery times on Free Delivery shipping options. Tracking numbers are not included on Free Delivery options. If you require a tracking code please contact our Customer Service team and we can arrange a quote for tracked postage. Delivery times are estimates and Action Art cannot be held responsible for the times taken for 3rd party delivery services.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Action Art without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Action Art in connection with the Products, shall constitute the entire agreement between you and Action Art concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Action Art's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

a. Order Cancels
Orders can only be cancelled within 12 hours of payment any cancellation after may incur a cost.
b.Refunds
Refunds will be made for the purchased amount in Australian Dollars (AUD), no greater regardless of exchange rates unless agreed with Action Art. For Bitcoin and any other Digital Currency Purchases, the refund amount will be the price of the product in AUD (Australian Dollars) at the time of the purchase and not be refunded in any type of Digital Currency. Please contact our customer service team if you have questions.