Terms of Service

These Terms of Service (“Terms”) govern your access to and use of artzim.com and any related services, features, content, purchases, uploads, digital downloads, artist tools, and communications provided by Artzim (“Artzim,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

You may use the Services only if you are able to form a binding contract under applicable law and comply with these Terms.

You agree not to use the Services for any unlawful, infringing, fraudulent, abusive, deceptive, or unauthorized purpose.

Certain features may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate, current, and complete account information and to update it as needed.

We may suspend or terminate accounts that violate these Terms, create risk for the platform, or interfere with the rights of others.

Artzim may offer original artwork, sculptures, prints, framed works, and digital downloads. Product availability, pricing, formats, dimensions, colors, framing, and descriptions may change at any time.

We use reasonable efforts to display products as accurately as possible, but actual appearance may vary depending on screen, device, lighting, environment, print method, materials, and other factors.

We reserve the right to modify, discontinue, remove, limit, or reject any listing, order, or account activity at our discretion and where permitted by law.

Submitting an order does not automatically guarantee acceptance. An order is accepted only when we confirm it or otherwise begin fulfillment.

We reserve the right to refuse, limit, cancel, or decline any order for reasons including suspected fraud, pricing errors, product unavailability, shipping limitations, rights disputes, or violations of these Terms.

If we cancel an order after payment has been authorized or captured, we will issue an appropriate refund to the original payment method unless otherwise required or agreed.

All prices displayed on the Services are subject to change without notice unless otherwise stated.

Applicable taxes, shipping costs, transaction charges, customs charges, import duties, or similar amounts may be added at checkout or collected separately depending on destination and transaction structure.

You are responsible for reviewing final pricing before completing your purchase.

Payments are processed by third-party payment providers. By purchasing through the Services, you authorize the applicable payment provider to charge your selected payment method for the total amount due.

Artzim does not store full payment card information when hosted payment flows are used.

Your payment transaction may also be subject to the terms and privacy policies of the applicable payment processor.

For physical orders, shipping timelines are estimates only unless expressly stated otherwise. Actual delivery times may vary due to carrier conditions, weather, customs, supply chain disruptions, address issues, production delays, or other circumstances outside our reasonable control.

You are responsible for providing an accurate shipping address. We are not responsible for delays, losses, or additional costs caused by inaccurate or incomplete address information provided by you.

If a shipment is materially delayed, we may contact you regarding the delay, revised timing, or available resolution options.

Risk of loss for physical items generally passes as permitted under applicable law and the terms of the relevant shipment and carrier arrangement.

If your package is lost, damaged, misdelivered, or delayed, contact us promptly so we can review the issue and determine available next steps.

Claims for damaged or incorrect physical orders may require photos, packaging evidence, and timely notice from you.

For digital products, delivery is typically made through secure download access, account access, email notice, or another method specified at checkout.

You are responsible for ensuring your device, software, printer, storage environment, and internet access are capable of receiving and using digital files.

Unless otherwise stated, digital products are provided for the licensed use described in the listing or checkout materials and are not transferred as exclusive ownership rights.

Return, refund, cancellation, replacement, or store-credit outcomes may vary depending on whether the order is physical, digital, custom, made-to-order, commissioned, or limited edition.

Digital downloads are generally non-returnable after access or delivery except where required by law or where we determine a technical delivery failure or duplicate charge occurred.

Custom commissions, personalized products, and made-to-order items may be non-cancellable and non-refundable once production has materially begun, except where required by law.

If we cannot fulfill a paid order, we may cancel it and issue an appropriate refund.

Commissioned or custom work may require separate scope, pricing, revision limits, timeline approvals, delivery terms, deposit terms, and licensing terms.

Unless expressly stated in a separate written agreement, all intellectual property rights in commissioned work remain with the creator except for the limited rights granted to the customer in the final license or sale terms.

The Services, including our site design, layout, branding, logos, text, graphics, code, product presentation, and non-user-generated content, are owned by or licensed to Artzim and are protected by copyright, trademark, and other applicable laws.

Artwork, listing images, product files, and downloadable content may be protected by copyright and other intellectual property rights owned by Artzim, the artist, or another rights holder.

Except as expressly allowed in writing, you may not copy, reproduce, distribute, publish, display, modify, create derivative works from, resell, sublicense, scrape, or exploit any content from the Services.

Unless a different license is expressly provided at checkout or in writing, digital artwork purchased through Artzim is licensed on a limited, non-exclusive, non-transferable, non-sublicensable basis for personal use only.

Without express written permission, you may not resell, redistribute, sublicense, upload to marketplaces, create commercial merchandise from, mint as NFTs, claim authorship of, or otherwise exploit digital products for commercial purposes.

Violation of a digital license may result in termination of access, revocation of download rights, account action, or legal enforcement.

If you upload artwork, images, files, descriptions, or related content to Artzim, you represent and warrant that you own the content or have all necessary rights, permissions, and licenses to upload, display, market, sell, and license that content through the Services.

You may not upload infringing, counterfeit, deceptive, defamatory, unlawful, abusive, or rights-violating content.

We may review, remove, disable, reject, or suspend content or accounts at our discretion if we believe they violate these Terms, third-party rights, or applicable law.

Artzim respects intellectual property rights and may respond to notices alleging copyright infringement or other rights violations.

If you believe content on the Services infringes your rights, you may submit a notice to the contact listed in our DMCA policy or other designated copyright contact channel.

We reserve the right to remove or disable access to disputed content, request additional information, terminate repeat infringers where appropriate, and take other steps consistent with our policies and applicable law.

You agree not to interfere with the Services, attempt unauthorized access, upload malware, harvest information, circumvent security measures, misuse digital files, engage in chargeback abuse, impersonate another person, or use the Services in a way that harms Artzim, artists, customers, or other third parties.

The Services may contain links to or integrations with third-party platforms, processors, couriers, social channels, embeds, maps, or utilities. We are not responsible for third-party services, content, availability, or policies.

Your use of third-party services may be governed by their own terms and privacy practices.

To the maximum extent permitted by law, the Services and all products and content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

To the maximum extent permitted by law, we disclaim implied warranties including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted access, and error-free operation.

Nothing in these Terms excludes warranties that cannot be excluded under applicable law.

To the maximum extent permitted by law, Artzim and its affiliates, owners, directors, officers, employees, contractors, artists, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, or business interruption arising from or related to the Services, products, downloads, uploads, or these Terms.

To the maximum extent permitted by law, our aggregate liability for claims arising out of or relating to the Services will not exceed the greater of the amount you paid to Artzim for the specific order or service giving rise to the claim, or one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

You agree to defend, indemnify, and hold harmless Artzim and its affiliates, owners, directors, officers, employees, contractors, artists, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses arising out of or related to your content, your use of the Services, your breach of these Terms, your violation of law, or your violation of any third-party rights.

We may suspend, restrict, or terminate access to the Services, remove listings, disable downloads, reject uploads, or cancel accounts where reasonably necessary to protect the platform, comply with law, investigate disputes, address fraud, enforce these Terms, or respond to infringement complaints.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent otherwise required by applicable consumer protection law.

Before initiating formal legal action, you agree to contact us first and attempt to resolve the dispute informally in good faith.

If a dispute cannot be resolved informally, any permitted action or proceeding will be brought in the state or federal courts located in California, unless applicable law requires otherwise.

You consent to personal jurisdiction and venue in those courts, subject to non-waivable rights under applicable law.

We may update the Services, product offerings, pricing, platform features, and these Terms from time to time.

If we update these Terms, we will post the revised version on this page and update the effective date. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms.

These Terms, together with any policies or additional terms expressly incorporated by reference, constitute the entire agreement between you and Artzim regarding the Services, except where a separate written agreement applies to a commission, wholesale relationship, or other specific transaction.

If you have questions about these Terms, order issues, legal notices, or platform concerns, contact us at:

HUMBERTO FONTANOTT DBA ARTZIM

175 CAMINO ENTRADA

CHULA VISTA, CALIFORNIA, 91910, UNITED STATES OF AMERICA.

fontart.zim@gmail.com