Terms of Service
Terms of Service
1. PRICES: All prices are Firm Fixed Price, All prices displayed do not include taxes, unless provided for in the check-out cart. All standard shipping is included with your purchase. If additional or specialty shipping, insurance, special packing costs and other expenses are required, and all other Federal, provincial and local excise, duties, sales, and other similar taxes are the responsibility of the Purchaser.
2. PAYMENT: Terms are prepayment at the time of purchase from the website, unless otherwise agreed in writing. Interest shall be charged on overdue accounts at the rate of 18% per annum (1.5% per month) from due date.
3. DELIVERY: All standard shipping is included with your purchase. If additional or specialty shipping, insurance, special packing costs and other expenses are required, and all other Federal, provincial and local excise, duties, sales, and other similar taxes are the responsibility of the Purchaser. Drew's Rainbows shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond its ability to reasonably control. Risk of loss, damage or destruction shall pass upon to the carrier, shipping or transportation company. Goods are provided solely for incorporation into the Purchaser's end product and shall not be onward delivered except as incorporated in the Purchaser's end product.
4. COPYRIGHT: Our Services and Artwork may contain information, graphics, photos, or other materials (“Content”), including Content created with or submitted to the Services by third party artists (“Artists”). Drew's Rainbows represents and warrants that we have all rights, power, and authority necessary to grant the rights to said Content contained within these Terms.
Our third party Artists have granted us worldwide, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display their Content and any name, username, voice, or likeness provided in connection with Drew's Rainbows in all media formats and channels now known or later developed. This license includes the right for us to make the Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Drew's Rainbows.
Any ideas, suggestions, and feedback about Drew's Rainbows or our Services that you provide to us are entirely voluntary, and you agree that Drew's Rainbows may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor third party Content, we may, in our sole discretion, delete or remove third party Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
5. GENERAL PROVISIONS: All Orders are subject to approval and acceptance by Drew's Rainbows. Any Order or other form from the Purchaser, which purports to expand, alter or amend these terms and conditions, is expressly rejected and is and shall not become a part of any agreement between Drew's Rainbows and the Purchaser. This agreement shall be interpreted under the laws of the State of Ohio in the United States.
6. LIMITED WARRANTY AND LIABILITY: Warranty Period: Canvas Print - 30 days. Drew's Rainbows warrants that during the Warranty Period that (a) the Product will be free from defects in material and workmanship and conform to specifications. THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.
Purchaser's exclusive remedy for a claim under this warranty shall be limited to the repair or replacement at Drew's Rainbows option, of defective or non-conforming materials, parts or components or in the case of software, provision of a software revision for implementation by the Buyer. All material returned under warranty shall be returned to Drew's Rainbows with returned shipping prepaid by the Buyer and returned to Drew's Rainbows according to specifications, or failure to follow prescribed installation, operating and maintenance procedures, (ii) defects, errors or nonconformities in the Products due to modifications, alterations, additions or changes not made, (iii) normal wear and tear, (iv) damage caused by force of nature or act of any third person, (v) shipping damage, (vi) service or repair of Product by the Purchaser without prior written consent from Drew's Rainbows, (vii) Products designated by Drew's Rainbows as beta site test samples, experimental, developmental, preproduction, sample, incomplete or out of specification Products, (viii) returned Products if the original identification marks have been removed or altered or (ix) Services or research activities.
7. EXCLUSION OF LIABILITY: If a Party would, but for this paragraph (7), have concurrent claims in contract and tort (including negligence) such claims in tort (including negligence) shall to the extent permitted by law be wholly barred, unenforceable and excluded.
Drew's Rainbows shall not be liable to the Buyer by way of indemnity or by reason of any breach of the Order or of statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts or for any financing costs or for any indirect or consequential damage whatsoever that may be suffered by the Buyer.
In the event and to the extent that Drew's Rainbows shall have any liability to Buyer pursuant to the terms of the Order, Drew's Rainbows shall be liable to Buyer only for those damages which have been foreseen or might have reasonably been foreseen on the date of effectivity of the Order and which are solely an immediate and direct result of any act or omission of Drew's Rainbows in performing the work or any portion thereof under the Order and which are not in the aggregate in excess of ten (10%) percent of the total Order price.