I. Introduction
A. Purpose of the Terms of Service
The Terms of Service (“Terms”) govern the use of the AestheticScape website (“Website”) operated by FAI MACHINA LLC, a Washington limited liability company, doing business as AestheticScape (“AestheticScape”, “we”, “us”, or “our”). The Website provides an online platform for users (“you” or “user”) to purchase prints, canvas, and posters (“Products”). By accessing and using the Website, you agree to be bound by these Terms, which establish a contractual relationship between you and AestheticScape.
B. Acceptance of the Terms
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Website. By using the Website, you represent and warrant that you have the legal authority to enter into these Terms and comply with its obligations.
C. Changes to the Terms of Service
AestheticScape reserves the right to modify, update, or change these Terms at any time without prior notice. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Website following the posting of any changes to the Terms indicates your acceptance of those changes.
D. Definitions
- “Website” refers to the AestheticScape online platform, including all its subdomains, webpages, and any related mobile applications.
- “Products” refers to the prints, canvas, and posters available for purchase through the Website.
- “Content” means any text, graphics, images, audio, video, or other materials on the Website, including but not limited to product descriptions, images, and user-generated content.
- “User” or “you” refers to any individual accessing, browsing, or using the Website, including those who register an account and make purchases.
- “User Content” refers to any content submitted, posted, or otherwise provided by users, including but not limited to reviews, comments, and images.
II. Privacy and Data Protection
A. Privacy Policy
AestheticScape is committed to protecting your privacy and ensuring the security of your personal information. By using the Website, you agree to the collection, use, and disclosure of your information in accordance with our Privacy Policy. The Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information, as well as your rights and choices regarding your personal information.
B. User Data Collection and Use
AestheticScape collects and uses your personal information solely for the purpose of processing your order, facilitating payment, and providing customer support. The types of information we collect may include your name, email address, mailing address, phone number, payment information, and other details required for order processing and fulfillment. We do not sell, rent, or share your personal information with third parties for marketing purposes without your consent.
C. Data Security
We are committed to maintaining the security of your personal information. We employ reasonable security measures, including Secure Socket Layer (SSL) technology and data encryption, to protect your information from unauthorized access, disclosure, or loss. While we strive to protect your personal information, no method of data transmission or storage is entirely secure, and we cannot guarantee absolute security.
D. Third-Party Data Sharing
AestheticScape may share your personal information with third-party payment processors and shipping partners as necessary to process your order and ensure timely delivery of the Products. These third-party service providers are required to maintain the confidentiality and security of your personal information, and they are only allowed to use your information to the extent necessary to fulfill their obligations to AestheticScape. We clearly identify third-party payment processors upon checkout and encourage you to review their privacy policies before providing your payment information.
III. Intellectual Property Rights
A. Ownership of Content All Content on the Website, including but not limited to artwork, designs, text, graphics, images, and logos, is owned or licensed by FAI MACHINA LLC and is protected under copyright, trademark, and other intellectual property laws. Unauthorized use or reproduction of any Content is strictly prohibited.
B. User Content License By submitting, posting, or otherwise providing User Content on the Website, you represent and warrant that you have the necessary rights to do so and that you are not infringing any third-party intellectual property rights. You retain ownership of any intellectual property rights in your User Content, but by submitting or posting it, you grant AestheticScape a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
C. Copyright Infringement AestheticScape respects the intellectual property rights of others and expects users to do the same. If you believe that any Content on the Website infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the following information: 1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 2. Identification of the copyrighted work claimed to have been infringed; 3. Identification of the material that is claimed to be infringing, with information sufficient to enable us to locate the material; 4. Your contact information, including your address, telephone number, and email address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
D. Trademarks The AestheticScape name, logo, and any other product or service names, slogans, or designs displayed on the Website are trademarks of FAI MACHINA LLC and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FAI MACHINA LLC. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.
IV. Purchases and Transactions
A. Product and Service Descriptions
AestheticScape makes every effort to accurately represent the Products and services offered on the Website. Product descriptions, images, and other relevant information are provided on their respective pages. However, we cannot guarantee that all information is complete, accurate, or error-free. If a Product you receive does not match the description on the Website, your sole remedy is to return it in unused condition, subject to our return policy.
B. Pricing and Taxes
All prices for Products are clearly marked on both the item listing and during the checkout process. Prices are subject to change at our discretion. Applicable taxes, if any, will be calculated and added to your total during checkout before you complete your purchase. A receipt detailing your purchase, including taxes and any additional fees, will be emailed to you upon completion of your order.
C. Payment Methods and Security
AestheticScape accepts the following payment methods: PayPal, Visa, Mastercard, American Express, and Discover. We use third-party payment processors, PayPal and Stripe, to securely process your payment information. Please refer to their respective privacy policies for information about how they handle your personal information. AestheticScape does not store your payment information on our servers.
D. Order Processing and Fulfillment
Orders are processed within 72 hours unless otherwise posted on the Website or communicated to you via email. Shipping and delivery times vary depending on the source location of the Product, as we source our Products globally. Estimated shipping and delivery times will be provided on the Website or through email communication, and we will make every effort to ensure timely delivery.
E. Shipping and Delivery
Shipping and delivery times for your order are provided during the checkout process and may vary depending on the Product’s source location and your shipping address. While we make every effort to meet these shipping estimates, we cannot guarantee them, as factors such as carrier delays, customs clearance, and other unforeseen circumstances may impact delivery times. AestheticScape is not responsible for any delays in delivery caused by third-party carriers or other factors beyond our control.
F. Cancellations, Returns, and Refunds
- Cancellations: Due to the made-to-order nature of our business, we can only accept cancellations within 24 hours of placing the order. To request a cancellation, please contact our customer support team as soon as possible. We work quickly to process orders, and once an order has entered the production stage, we cannot guarantee that it can be cancelled.
- Returns: We do not accept returns on our Products, except in cases where the product received is damaged, defective, or lost. If you receive a damaged or defective item, please contact our customer support team within a specified timeframe, as indicated on our return policy, with photographic evidence of the damage or defect. We will work with you to find an appropriate solution, which may include a refund or replacement, depending on the circumstances.
- Refunds: If a refund is approved, it will be processed using the same payment method that was used for the original transaction. Refund processing times may vary depending on the payment method and financial institution involved. Please allow a reasonable amount of time for the refund to be reflected on your account statement.
- Exchanges: We do not offer exchanges on our Products. However, if you encounter any issues with your order, please contact our customer support team, and we will work with you to find a solution that meets your satisfaction.
V. User-Generated Content and Communications
A. Content Responsibility
Users are solely responsible for the content of their communications with AestheticScape, including but not limited to inquiries, order status updates, and general support requests. Users must ensure that their communications are accurate, complete, and not misleading. AestheticScape is not responsible for any errors or omissions in user-generated content or any consequences arising from such errors or omissions.
B. Monitoring and Enforcement
AestheticScape reserves the right, but has no obligation, to monitor and review user-generated content and communications to ensure compliance with these Terms and applicable laws. We may remove or edit any content or communication that we believe, in our sole discretion, violates these Terms or any applicable laws.
C. Content Submissions
By submitting content or communications to AestheticScape, users grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or communication throughout the world in any media. Users also represent and warrant that they have the necessary rights to submit such content or communications and that the submission does not infringe any third-party intellectual property rights.
D. Feedback and Suggestions
AestheticScape welcomes feedback, comments, and suggestions from users to improve our Website, Products, and services. By submitting feedback, users grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback throughout the world in any media, without any obligation to compensate the user.
VI. Limitation of Liability and Disclaimers
A. Disclaimer of Warranties
AestheticScape provides the Website, Products, and services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website, Products, or services will be error-free, uninterrupted, or secure, nor do we warrant that any defects will be corrected or that your use of the Website will provide specific results.
B. Limitation of Liability
In no event shall AestheticScape, its affiliates, or their respective officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of, inability to use, or the results of your use of the Website, Products, or services, even if we have been advised of the possibility of such damages. In any case, AestheticScape’s total liability to you for all losses, damages, and causes of action, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the Product(s) in question.
C. Third-Party Loss or Damage
AestheticScape is not responsible for any loss or damage to Products caused by third parties, such as delivery companies or manufacturers. However, we value your satisfaction and encourage you to contact our customer support team if you experience any issues with your order, including loss or damage during transit. We will work with you to find a reasonable solution, which may include a refund, replacement, or other appropriate actions, depending on the specific circumstances.
D. Indemnification
You agree to indemnify, defend, and hold harmless AestheticScape, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, expenses, damages, and costs, including but not limited to attorneys’ fees, arising from or related to your use of the Website, your violation of these Terms, or any content or communications you submit to or through the Website.
VII. Termination
A. Termination by AestheticScape
AestheticScape reserves the right, in its sole discretion, to terminate your access to the Website, cancel any orders, or suspend any services provided to you, with or without notice, for any reason, including but not limited to breach of these Terms, fraudulent or inappropriate behavior, or any other conduct that, in AestheticScape’s opinion, may harm the reputation or operations of the company. Termination may result in the forfeiture and destruction of all information associated with your transactions and communications with AestheticScape.
B. Termination by User
Users may terminate their relationship with AestheticScape at any time by discontinuing their use of the Website and services. Users are responsible for all charges, fees, and other costs associated with any orders placed prior to termination. Termination of your relationship with AestheticScape does not relieve you of any obligations or liabilities arising from your use of the Website or services before termination, including but not limited to payment for Products ordered.
C. Survival of Provisions
Upon termination of your relationship with AestheticScape, all provisions of these Terms that, by their nature, should survive termination shall remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
D. Effect of Termination
Termination of your relationship with AestheticScape does not affect any rights or remedies available to either party under these Terms or applicable law. Additionally, termination does not affect the completion or processing of any orders placed before termination, subject to these Terms and any applicable laws and regulations.
VIII. Governing Law and Dispute Resolution
A. Governing Law
These Terms and any disputes arising out of or relating to your use of the Website, Products, or services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
B. Dispute Resolution
- Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, Products, or services, both you and AestheticScape agree to first attempt to resolve the dispute informally by contacting each other and discussing the matter in good faith. If the dispute is not resolved within 30 days after such contact, either party may initiate the formal dispute resolution process described below.
- Formal Resolution: If informal resolution attempts fail, any disputes, claims, or controversies arising out of or relating to these Terms, your use of the Website, Products, 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 the State of Washington and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Class Action Waiver: You and AestheticScape agree that any arbitration will be conducted on an individual basis only, and not on a class, consolidated, or representative basis. You and AestheticScape expressly waive any right to participate in a class action or class-wide arbitration, or to join or consolidate claims with any other person or entity.
C. Injunctive Relief
Notwithstanding the above provisions, AestheticScape reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the State of Washington to prevent any actual or threatened infringement, misappropriation, or violation of our intellectual property rights, or any actual or threatened breach of these Terms that may cause irreparable harm to AestheticScape.
IX. Miscellaneous
A. Entire Agreement
These Terms, along with any applicable policies or guidelines referenced herein, constitute the entire agreement between you and AestheticScape concerning your use of the Website, Products, and services, and supersede any prior agreements, understandings, or representations, whether written or oral, with respect to the subject matter hereof.
B. Severability
If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
C. No Waiver
The failure of AestheticScape to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AestheticScape.
D. Assignment
You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of AestheticScape. AestheticScape may assign or transfer its rights and obligations under these Terms, in whole or in part, to any person or entity at any time, without your consent.
E. Contact Information
If you have any questions, concerns, or comments regarding these Terms or your use of the Website, Products, or services, please contact AestheticScape at support@aestheticscape.store. We will make every effort to address your inquiries and resolve any issues you may have.
F. Changes to Terms
AestheticScape reserves the right, in its sole discretion, to update, modify, or replace these Terms at any time. We will provide notice of any changes by posting the updated Terms on the Website. Your continued use of the Website, Products, or services following the posting of any changes to the Terms constitutes acceptance of those changes. We encourage you to periodically review these Terms to stay informed of any updates or changes.
Updated 03/2023