Terms of Use

Last Modified: September 20, 2015

ACCEPTANCE OF TERMS OF USE:

Welcome to www.upriseart.com (the “Site”), a website operated by Uprise Art LLC, (“Uprise Art” or “we”). By accessing or using the Site, purchasing Artwork, or using our Installment Plan service (the “Service”), you agree to be bound by all of the terms and conditions in this Terms of Use Agreement. Before you may use the Site, you must read and accept all these terms and conditions in the Terms of Use.

ELIGIBILITY:

You must be 18 years old or older to use the Site.

ORDERS:

These Terms of Use, together with any additional terms on the Site, shall govern any order you make through the Site or Services (including by email or phone) for Artwork (such order, an “Order”).

PRICING:

Artwork displayed on the Site may be unavailable, and prices are subject to change. Availability and pricing will be confirmed once you place an Order. Uprise Art is not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.

DELIVERY & INSTALLATION:

In some cases, Uprise Art will coordinate delivery and installation; however, we are not responsible for damage to the walls or apartment or building common areas related to the delivery or installation of Artwork.

DESCRIPTION OF INSTALLMENT PLAN SERVICES:

Uprise Art sells fine art (“Artwork”) and offers an Installment Plan service (“Service”) that allows users to purchase Artwork through monthly installments.

By placing an Order that includes an Installment Plan, you agree to pay the full list price of the Artwork, plus sales tax where applicable, over a set amount of time (maximum of 20 months) through monthly installments.

Uprise Art has the right to refuse the Installment Plan option at their own discretion. In some cases, further information, including but not limited to a credit report, may be requested before extending the Installment Plan option.

When you place your Installment Plan order online, your credit card will be charged for your first monthly installment, plus sales tax on that installment, where applicable. Your credit card will be charged on the same day of the month, each month, until your balance is paid in full.

DAMAGES:

If you are using the Uprise Art Installment Plan, you are responsible for paying for the artwork in full, including applicable sales tax, regardless of if the artwork is damaged while in your possession.  When purchasing new valuables such as laptops, jewelry, and artwork, it’s always wise to check with your renters insurance or homeowners insurance to make sure the specific items are covered by your policy.

PROHIBITED ACTIONS:

Unauthorized downloading or copying of images or information from the Site or transmitting materials that contain software viruses or other programs that disrupt or destroy the functionality of the Site or computer software or hardware is prohibited. You may not reproduce or sell images of our Artwork, or post our Artwork to other sites without a link back to the Site.

DISCLAIMER OF WARRANTY:

Uprise Art does not endorse and is not responsible for the accuracy of any opinion, advice or statement made through the site by any party other than Uprise Art or on any linked sites. All content, products, and services on the Site or obtained from a linked website are provided to you “as is” without warranty of either kind, expressed or implied.

You acknowledge and agree that Uprise Art shall not be 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.

BILLING:

When you place your Order, you will be required to provide accurate, complete and current credit card information and be authorized to use said credit card. By signing up for the Service, you authorize Uprise Art to bill your credit card the applicable monthly installments, shipping or delivery charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The amount of these charges is detailed in the My Account section of the Site. By placing an Order that includes an Installment Plan, you are authorizing Uprise Art to charge your credit card on the date your Order is placed, and each month thereafter, on the calendar day corresponding to the date your Order is placed. For billing dates that fall on the 29th-31st of the month, the billing date is the the last date of each month.

If Uprise Art does not receive payment from your credit card on file or if your payment is rejected, you agree to pay all amounts due upon demand and also any fees or charges incurred by Uprise Art for the rejected payment. Payments that are 30 days late incur a late fee of $50. Payments that are 60 days late incur a late fee of $50, plus 50% of one month’s installment. Payments that are 90+ days late incur a late fee of $50, plus one month’s installment. All late fees are in addition to monthly installments that are past due.

Following any such non-payment, we may require you to provide a second form of payment before continuing to use the Services, and you authorize Uprise Art to charge outstanding fees and other amounts due. Uprise Art reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Uprise Art reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are also responsible for reimbursing Uprise Art for all legal fees and costs associated with actions taken to obtain these outstanding fees.

We reserve the right to determine whether your payment method(s) is/are pre-authorized to accept a minimum charge equal to your leasing fees. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a valid credit card before continuing to use the Services.

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, Installment Plan payments, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card or debit card account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Service at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

We use Stripe.com to bill you for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe.com in addition to these Terms. We are not responsible for error by Stripe.com. By choosing an Installment Plan, you agree to pay us, through Stripe.com, all charges at the prices then in effect for any use of the Services in accordance with the Installment plan that you have selected, and you authorize us. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

SUCCESSORS AND ASSIGNS:

This Agreement is binding on and inures to the benefit of the Parties and their respective permitted successors and permitted assigns.

DAMAGES:

ACTUAL DAMAGES

In the case of a failure to pay any debts or to return any item(s) when due to Uprise Art, you will be liable to Uprise Art for its actual damages, including but not limited to the then-current Installment Plan payments for each item until said item is received by Uprise Art in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then Uprise Art has the option to alternatively charge you the purchase price for that item, plus 90 days of Installment Plan payments from the date of default, or seek to recover the wrongfully-retained item plus all Installment Plan payments owed to the date of recovery of the undamaged item. If suit is filed, Uprise Art may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Uprise Art will charge you the purchase price as maintained by Uprise Art for said item, plus 90 days Installment Plan payments from the date of default.

ATTORNEYS' FEES, COSTS AND INTEREST

You shall pay, or reimburse Uprise Art for, all out-of-pocket expenses that Uprise Art incurs (including, but not limited to, recording and filing fees and taxes, search fees, and fees and expenses of legal counsel, other professional advisers, consultants and experts) in connection with the collection of any amounts properly due or damages due to Uprise Art. You further agree that Uprise Art will be entitled to recover prejudgment interest on its actual damages, from the date of default to the date of judgment entry at the rate of 12% per annum.

CUMULATIVE REMEDIES

All rights and remedies provided herein are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise.

FULL WEBSITE TERMS OF USE

Last Modified: September 20, 2015

ACCEPTANCE OF THE TERMS OF USE:

Welcome to the website of Uprise Art ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these "Terms of Use"), govern your access to and use of www.upriseart.com, including any content, functionality and services offered on or through www.upriseart.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.upriseart.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE:

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently you access this Website so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE & 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:

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, 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 username 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.

INTELLECTUAL PROPERTY RIGHTS:

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@upriseart.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS:

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES:

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

USER CONTRIBUTIONS:

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

MONITORING & ENFORCEMENT - TERMINATION:

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS:

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

COPYRIGHT INFRINGEMENT:

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

RELIANCE ON INFORMATION POSTED:

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE:

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE:

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS:

All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you are governed by our Terms of Use, which are hereby incorporated into these Full Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES:

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

LINKS FROM THE WEBSITE:

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS:

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY:

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION:

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY:

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT:

The Terms of Use, our Privacy Policy, and the Full Terms of Use, constitute the sole and entire agreement between you and Uprise Art with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS & CONCERNS:

This website is operated by:

Uprise Art
264 Canal Street, #4W
New York, NY 10013
USA

Contact:

info@upriseart.com
(917) 727-8858
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@upriseart.com.