Effective date: June 1, 2022
The Naked Room (collectively referred to as "We" or "Our" or "Us") provides you with access to https://thenakedroom.com and its subdomains (the “Website”) and services available through the Website such as purchase of artworks (the “Services”). You agree that by accessing and using the Website and/or Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND/OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Effective date” of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.
The Website and/or Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website and/or Services. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Website and/or Services.
PURCHASE OF ARTWORK
The Services allows you to purchase artworks using our Website. Each artwork offered comes with information about its author, year of creation, substrate, dimensions and type.
To order an artwork, you must select the artwork, place it in your cart and provide the necessary personal data to place the order. You will not be charged until your order is validated and accepted, which is usually done within 48 hours. If the artwork is no longer available, We will notify you via email and cancel the order.
After you place your order, We will contact you in order to agree on methods of delivery and related costs. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of shipment and delivery.
The shipment of your order shall be made to the address provided within 10 business days from the date of receiving payment for the artwork. If available, We will provide you with a tracking number once the artwork has been shipped.
Risk of damage to or loss of artwork will pass to you on the acceptance of the artwork by the delivery services provider chosen by you.
PRICES AND PAYMENTS
You acknowledge that prices are for informational purposes only and may be changed at the time of order confirmation, and do not include shipping, packaging charges (unless specifically indicated on the website), fees of the payment platforms and applicable taxes (as specified below).
The payment for the artwork shall be made via the payment services acceptable by Us at the time of order confirmation; such methods may include credit card, PayPal and bank transfer. Once the order is validated and confirmed, We will send you the payment information and instructions indicating the terms for payment. If you do not make the payment within the time indicated, We reserve the right to cancel your order and/or change the confirmed price.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars or EURO and do not include any sales, use, value added, goods and services or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder.
ARTWORK DESCRIPTION REPRESENTATION
Every attempt is made to provide accurate information about the Artworks. We do not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without errors. All errors, inaccuracies, and omissions are subject to correction.
We make every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; We cannot guarantee that the colors displayed on an individual's monitor will be correct.
Additionally, presented alongside every artwork is a description of the piece itself. This description is meant solely to provide a general idea of the artwork. Specific works of art may vary in material, size, dimensions, or any other descriptive information, and We cannot guarantee that the physical artworks shall be consistent with these details. In the case of editions or series, not every artwork in the edition will be exactly as seen on the website and may include small variations in color, pattern, medium, and/or size.
INTELLECTUAL PROPERTY RIGHTS
Copyright, trademarks, database rights, and all similar rights in this website and marketing materials are owned by us, Our licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without Our prior written permission. Nothing in Our marketing materials or in this website should be considered granting any license or right under any trademark or any third party.
Without express consent you must not:
republish material from this website (including republication on another website);
sell, rent or otherwise sub-license material on the website;
reproduce, duplicate, copy or otherwise exploit material on Our website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
While using Our Website or Services, you agree not to:
impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of Our websites;
modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of Our website;
engage in spamming;
violate any applicable laws or regulations;
restrict or inhibit any other user from using Our websites, including, without limitation, by means of “hacking” or defacing any portion Our websites;
YOUR PERSONAL DATA
TERM AND TERMINATION
These Terms shall remain in force when you use the Website and Services.
DISCLAIMER OF WARRANTIES
Without limiting the foregoing, all materials on the Website and Services are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. We may update, change, or delete content at any time. We make reasonable, ongoing efforts to revise and update the Website, but does not warrant that the Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. We assume no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Website or downloading of any materials from the Website. At Our discretion We may discontinue or take down the Website or any section or material within the Website at any time.
LIMITATION OF LIABILITY
NEITHER WE, OUR AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITE, SERVICES, CONTENT, AND/OR COMPILATION.
ENTIRE AGREEMENT; SEVERANCE; WAIVER
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Delaware, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any state court located in the State of Delaware, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
QUESTIONS AND CONCERNS
In case of any questions or concerns, please contact Us by email at: firstname.lastname@example.org