Terms of Service

Last updated 17th Oct 2022

Introduction

Welcome to the Art Store Malta website. Use of the Website and the Art Store Malta service are subject to notices, terms and conditions as outlined below. By accessing, browsing or purchasing items on the Website, you agree to be bound by these terms and conditions. Please read them carefully.

These terms and conditions (hereinafter referred to as the “Terms of Service”) may be found in the footer at the bottom of the Art Store Malta website: www.artstoremalta.com (hereinafter referred to as the “Website”). Here you will also find our Privacy Policy and Cookie Policy. Our company takes your privacy very seriously. Please view these policies for information and notices concerning Art Store Malta products and the collection, use and sharing of your personal information.

The Website is the property of Oval Brands Limited, a limited liability company duly registered under the laws of Malta bearing company registration number C 46065 with registered office situated at Canter Business Centre, Patri Felicjan Bilocca Street, Marsa, MRS 1524, Malta (hereinafter referred to as “Oval Brands”).

These Terms of Service govern your use of and access to the Website and all Website Content and the products, features and services (hereinafter referred to as the “Art Store Malta Service”), except where we expressly provide that other terms (and not these) apply.

Kindly note that these Terms of Service constitute a binding legal agreement between you and Oval Brands. You hereby acknowledge and agree that, by using the Website, whether as a Website visitor, a registered Art Store Malta account holder, a mailing list subscriber or a buyer, you agree to abide by these Terms of Service. By accessing the Website on your mobile or any other device, accessing or using the Art Store Malta Service, or downloading, submitting or posting any content from, on or through the Art Store Malta Service, you are indicating that you have carefully read, understood and agreed to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you do not have the right to access or use the Website Content or the Art Store Malta Service.

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Definitions

"Content" means text, graphics, photos, music, software, audio, video, information or other materials;

"Art Store Malta Content" means Content that is available through the Website, including any Content licensed to Oval Brands from a third party or that which we have been given permission to use on the Website;

“Art Store Malta Product” means the Website;

“Visitor” means a natural person who accesses and uses the Website and the Art Store Malta Service without completing the Website’s account registration process or subscribing to the mailing list.

"Registered User" means a natural person who completes the Website’s account registration process, as described under "Account Registration" below;

“Subscriber” means a natural person or Visitor who subscribes to the mailing list through the Art Store Malta website

"User" means a natural person who falls under any of the above categories of Visitor, Registered User or Subscriber;

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website, including without limitation, comments made through the Art Store Malta blog or press page;

“Advertiser” means a natural person or entity who makes use of the Website as a platform to advertise products and/or services offered by them;

“Art Store Malta Service” means the Service that Oval Brands is rendering by means of, including but not limited to, the Website;

"Website Content" means Art Store Malta Content and User or Visitor Content.

Modification

Oval Brands reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Website or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Website. By continuing to access or use the Service after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.

Certain portions of the Service may, or may in the future, have different terms and conditions posted on the Website or may require you to agree with and accept additional terms and conditions. Allura may, at its sole discretion, make premium or different applications, software or services available to you that are subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Service.

Eligibility

By accessing or using the Service, you represent and warrant that:

you are eighteen (18) years or over and agree with these Terms of Service, or if you are sixteen (16) or seventeen (17) years of age, you have the permission of a parent or legal guardian to use the Service and moreover, the parent or guardian has read and agreed with these Terms of Service on your behalf;

all registration information you submit is accurate, current and complete;

you will maintain the accuracy and completeness of such information;

if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service.

you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service. These Terms of Service are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Prospective Registered Users must:

Provide the necessary accurate and complete information about themselves at all times;

Create and use only one account at any one time;

Not share login credentials, including but not limited to username, registered email address and password;

Not allow others to make use of their account for any purpose.

The use of the Website is not permitted to any of the following:

Individuals aged 15 or under;

Individuals whose accounts have been terminated by Oval Brands for breaches of the terms of service, with exceptions as may be determined by Oval Brands at its discretion from time to time;

Those who are prohibited from accessing the Art Store Malta Website or services under any applicable laws.

Registration for a User Account

Registering to create a User Account (hereinafter referred to as "User Account") enables access and use of the full functionality of the Website, including the means to save for future reference details such as delivery address, billing address and payment card details.

By registering for an account you agree to the Terms of Service, Privacy Policy, Cookie Policy and eCommerce Terms.

When registering with Art Store Malta you agree to:

provide true, accurate, current and complete information about yourself (or, if applicable, the company you represent) as prompted by the Service's registration process (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

You may not authorise any third party to access or use the Service on your behalf.

In order to register for a User account, you will be asked to select a password to protect access to your account. You are responsible for maintaining the confidentiality of this password and your other login credentials and are fully responsible for all activities that occur using your login credentials. You agree to immediately notify Oval Brands of any unauthorised use of your login credentials or any other breach of security. Oval Brands cannot and will not be liable for any loss or damage arising from any unauthorised use of your account.

Registration of a User Account is free of charge.

Communication

You verify that any contact information provided on the Website, including, but not limited to, your email address and mobile phone number is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. These will be limited to account-related issues or necessary notifications such as updates to our Terms of Service as well as notifications relating to orders.

Mailing List Subscription

When you subscribe to the mailing list, you will receive content and notifications by email on subjects such as art materials, art, artists, artworks, exhibitions, product updates and improvements, company news and events, updates from our community and any other information deemed appropriate by Oval Brands. If you decide that you no longer wish to consent to receive such notifications from Art Store Malta, you may unsubscribe from the mailing list at any time by clicking on the unsubscribe option in any mailing list generated email you receive from Art Store Malta or by @David - please insert alternative option on website.

Rules of Use

The Website may include interactive features and functionality which permit users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Website. User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use of any Interactive Features is at your own risk.

When using any Interactive Areas of the Website, as a User, you agree not to:

Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Website any defamatory, profane, indecent, inappropriate, libellous, obscene, pornographic, suggestive, inflammatory or derogatory language or content;

Share any information or content that breaches our Terms of Service;

Engage in any form of online abuse, inter alia cyber-bullying, trolling, threatening, harassment, stalking;

Share content which discriminates, misleads or is fraudulent, unlawful or impinges on another’s rights;

Share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

Share content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;

Share content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;

Share content that makes false or misleading statements, claims or depictions about a person, company, product or service;

Share content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Share content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Comments and other such interactive content on the Art Store Malta Website should be used for personal and non-commercial purposes only. Use of this part of the service for commercial use is strictly prohibited subject to Oval Brands’ express authorisation to such use and subject further that the User fulfils its payment obligations in this regard.

With reference to content and behaviour, user-generated content should adhere to the principles outlined above. As a user of the Art Store Malta Website we encourage you to maintain community standards by contacting Oval Brands with any complaints or queries regarding this. To help support our community of artists and Users, we encourage you to report content or conduct that you believe breaches your rights, or the rights of other users (including intellectual property rights) or our terms and policies.

Transmit or upload to this Website any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb, corrupted data, harmful or destructive files or malicious code, or other feature designed to disable, overburden or impair the proper working or appearance of our services, or to damage or degrade in any manner the performance of this Website, any other Website, or any computer or other device or system, or the enjoyment of this Website by any user;

Access or collect data from our service using automated means (without our prior permission) or attempt to access data that you do not have permission to access;

share inappropriate and/or grossly irrelevant information that is deemed to be incompatible with the objectives of the Art Store Malta Service and/or threaten the good repute of the Art Store Malta Service in general.

Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;

Remove any copyright, trademark or other proprietary rights notice contained in or on the Website;

Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;

Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;

Reformat or frame any portion of any Web pages that are part of this Website;

Create user accounts by automated means or under false or fraudulent pretences;

Create or transmit to other users unsolicited electronic communications, such as ‘spam,’ or otherwise interfere with other users' enjoyment of the Website;

Submit to this Website any content that falsely states or implies that such content is sponsored or endorsed by us;

Use this Website to violate the security of or gain unauthorised access to any computer or computer network or other device or system (including unauthorised attempts to discover passwords or security encryption codes);

Submit to this Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;

Copy or store any User Content offered on this Website other than for your personal, non-commercial use;

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Website or the IT infrastructure used to operate and make this Website available; or

Use this Website and / or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

Rights Governing User Content

Except as otherwise provided in these Terms, on the Website or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Oval Brands a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Art Store Malta Website and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of the Website. By posting User Content to the Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Website and to grant to Oval Brands the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Oval Brands is under no obligation to monitor any user conduct on the Website, and reserves the right and have absolute discretion to monitor any user conduct on the Website at any time and for any reason without notice.

Purchases on the Website

For terms and conditions relating to purchases on the Art Store Malta website, please view our eCommerce Terms which form part of these general Terms of Service. By purchasing through the Website you consent to these eCommerce Terms. The contents include Conditions of Use, Communications, Data Protection, Privacy and Security, Product Information, Copyright, Payment Terms, Prices, Billing Information, Shipping, Liability Limitations, Intellectual Property, the Returns Policy, Dispute Procedure, Contact, Notices and Changes.

Intellectual Property

As between you and Oval Brands, the Website, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Website (collectively, the ‘Website Content’), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Allura or our licensors and protected by applicable copyright laws.

Copyright in the text, images, photographs, graphics, layout and design of the Website are protected by local and International applicable copyright laws. Copyright in all Website text content, layout and other copyrighted works contained in each product, is either owned by Oval Brands, or used with permission.

No part of any Art Store Malta Website content may be reproduced in any form (including by electronic or mechanical means, photocopying, recording, or information storage and retrieval) without the written permission of the owner. The Art Store Malta logo is the registered trademark of Oval Brands. Other trademarks, artwork, copy and/or translations of copy appearing on the Website are used with permission of their respective licensed owners.

The use of any of Oval Brands’ trademarks, wordmarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Oval Brands’ patents, copyrights, trademarks, trade secrets or other proprietary rights.

External / Third Party Links

The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Oval Brands is not responsible for the operation of or content located on or through any such site.

Feedback

Oval Brands welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Art Store Malta Service (hereinafter referred to as "Feedback"). You may submit Feedback by emailing us at info@artstoremalta.com. You acknowledge and agree that all Feedback is non-confidential and shall be the sole and exclusive property of Oval Brands. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign to Oval Brands all of your rights, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Oval Brands’ request, you will execute documents and perform such further acts as Oval Brands may reasonably request in order to assist Oval Brands to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Oval Brands will not accept feedback or reviews which include:

Profanity, sexually explicit content, hate-speech, discrimination, threats, violence;

Personal attacks towards the staff, artists or any other User of the Website.

Promoting illegal activities (e.g. drugs, prostitution);

Sites, emails and addresses, phone numbers, cc details any other personal and/or sensitive personal information which the reviewer / provider of feedback does not have the right to share;

Account Termination and Cancellation

If you breach any of these Terms of Service, Oval Brands will have the right to suspend, disable or terminate your use of the Service, at its sole discretion and without prior notice to you. Oval Brands reserves the right to revoke your access to and use of the Art Store Malta Service, with or without cause. You may cancel your Account at any time by sending an email to info@artstoremalta.com or by using the contact form on the Art Store Malta website.

In the event that your account is terminated by you or by Oval Brands for any reason, your obligations described herein under the Sections as set forth herein below, as well as any obligations of yours set forth in the Privacy Policy, which may be found in these Terms of Service or elsewhere on the Website or within email notifications shall survive any termination or expiration of your use of the Art Store Malta Service or any agreement, between you and Oval Brands.

Disclaimers

The Service and Website Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Oval Brands explicitly disclaims any warranties or merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. Oval Brands makes no warranty that the Service or Website Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Oval Brands makes no warranty regarding the quality of any products, service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. Oval Brands does not warrant the results of use of the Service and Users assume all risk and responsibility with respect thereto.

You are solely responsible for all of your communications and interactions with other Users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that Oval Brands does not screen or enquire into the background of any Users of the Service, nor does Oval Brands make any attempt to verify the statements of Website Visitors, Users or other stakeholders of or advertisers on the Service. Oval Brands makes no representations or warranties as to the conduct of Users of the Service or their compatibility with any current or future Users of the Service. You agree to take reasonable precautions in all communications and interactions with other Users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Oval Brands, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Oval Brands’ intellectual property rights, and any claim by a third party that the User data and/or art infringes such third party's intellectual property rights.

Oval Brands will defend, indemnify and hold you (and in the case of a User representing a company, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), resulting from any claim, suit, action or proceeding alleging that the Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service and Website Content remains with you. Except for the indemnity obligations set forth herein, under no circumstance, including but not limited to negligence, system failure or network outage, will either Oval Brands or any other person or entity involved in creating, producing or delivering the Service or Website Content be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or service, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Service or from the use of or inability to use the Services or Website Content, or from any communications, interactions or meetings with other Users of the Service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Oval Brands has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Dispute Resolution

These Terms of Service and the provision of our services shall be governed by and construed in accordance with Maltese law. Any dispute arising out of these general Terms of Service and our services shall exclusively be submitted to the competent courts in Malta. For the dispute procedure governing online purchases, please refer to our eCommerce Terms.

Severability

If any provision of these Terms of Service is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

Entire Agreement

These Terms of Service, together with the eCommerce Terms, Privacy Policy and Cookie Policy collectively constitute the entire and exclusive understanding and agreement between Oval Brands and you regarding the Art Store Malta Service and Website Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Oval Brands and you regarding the Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Oval Brands’ prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Oval Brands may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Contact

If you have further questions relating to these terms and conditions do not hesitate to contact Oval Brands on info@artstoremalta.com.

Notices and Changes

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Oval Brands (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. The date of the most recent update to these Terms and Conditions appears at the top of the document.

Cookie Policy

eCommerce Terms