These terms and conditions ("Agreement") set forth the general terms and conditions of your use of thefusion.art website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Billing and payments

You must pay all fees and charges related to your account based on the applicable rates and billing terms when they become due. If we deem your purchase to be high-risk, we may ask for a valid government-issued photo ID and possibly a recent bank statement for the card used in the transaction. We have the right to modify products and their prices at any time and may decline any order you submit. At our discretion, we can limit or cancel the amount bought per person, household, or order, which could affect orders from the same account, credit card, or billing and shipping addresses. If we alter or cancel an order, we might try to inform you by reaching out to the email or billing address and phone number provided during the order process.

Third-party services

If you choose to enable, access, or use third-party services, be aware that your use of these services is governed solely by their terms and conditions. We do not endorse, are not responsible for, and make no representations about any aspects of these services, including their content, data handling, or interactions between you and the service provider. You waive any claims against the Operator regarding such services. The Operator is not responsible for any damage or loss caused by or in connection with your use of these services or reliance on their privacy practices, data security, or policies. You may need to register or log in to these services on their respective platforms. By enabling any third-party services, you expressly allow the Operator to disclose your data as needed to facilitate the use or enablement of these services.

Accuracy of information

Website may contain typographical errors, inaccuracies, or omissions related to promotions and offers. We reserve the right to rectify any errors, inaccuracies, or omissions, as well as to modify or update information or cancel orders if any information on the Website or Services proves inaccurate at any point without prior notice (including after you have placed your order). We have no obligation to update, amend, or clarify information on the Website, including but not limited to pricing information, except as mandated by law. Any specified update or refresh date on the Website should not be construed as an indication that all information on the Website or Services has been altered or updated.

Links to other resources

While the Website and Services may provide links to other resources (such as websites, mobile applications, etc.), we do not directly or indirectly imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless explicitly stated. We are not accountable for examining or evaluating, and we do not guarantee the offerings of, any businesses, individuals, or the content of their resources. We disclaim responsibility or liability for the actions, products, services, and content of any third parties. It is advisable to thoroughly review the legal statements and usage conditions of any resource accessed via a link on the Website and Services. Accessing off-site resources through these links is at your own risk.

Restricted activities

In addition to the terms outlined in the Agreement, you are prohibited from using the Website, Services, or Content to: (a) engage in any unlawful activities; (b) encourage others to partake in unlawful activities; (c) violate any international, federal, provincial, state, or local laws and regulations; (d) infringe upon our intellectual property rights or those of others; (e) harass, abuse, defame, intimidate, or discriminate based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) transmit viruses or other malicious code that could affect the functionality or operation of the Website, Services, third-party products, or the internet; (h) engage in spamming, phishing, or similar activities; (i) engage in obscene or immoral activities; or (j) bypass or compromise the security features of the Website, Services, third-party products, or the internet. We reserve the right to terminate your use of the Website and Services for any violations of these restricted activities.

Intellectual property rights

"Intellectual Property Rights" refers to all current and future rights granted by statute, common law, or equity concerning copyright and related rights, trademarks, designs, patents, inventions, goodwill, the right to sue for passing off, rights to inventions, usage rights, and all other intellectual property rights, registered or unregistered, including all applications, rights to apply for and be granted such rights, and all similar or equivalent rights or forms of protection arising from intellectual activities anywhere in the world. This Agreement does not transfer any intellectual property owned by the Operator or third parties to you, and all rights, titles, and interests in such property will remain with the Operator. All trademarks, service marks, graphics, and logos associated with the Website and Services are owned by the Operator or its licensors. Other trademarks, service marks, graphics, and logos may belong to third parties. Your use of the Website and Services does not grant you any rights or licenses to reproduce or use any Operator or third-party trademarks.

Liability Limitations

To the maximum extent allowed by law, the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, punitive, or consequential damages (including, but not limited to, damages for lost profits, revenue, sales, goodwill, use of content, business interruption, or loss of business opportunities) arising from any cause, under any theory of liability, including contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen them. The Operator's aggregate liability, along with its affiliates, officers, employees, agents, suppliers, and licensors, will be limited to the greater of one dollar or the amount you paid to the Operator in the month preceding the first event giving rise to liability. These limitations and exclusions apply even if the remedy does not fully compensate you for any losses or fails in its essential purpose.

Warranty Disclaimer

You agree that the Service is provided "as is" and "as available" and that you use the Website and Services at your own risk. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements, be uninterrupted, secure, or error-free, nor do we warrant the accuracy or reliability of any information obtained through the Service or that defects will be corrected. You are responsible for any damages or loss of data resulting from downloading or obtaining any material and/or data through the Service through the use of the Service. We do not warrant any goods or services purchased or obtained through the Service or any transactions conducted through the Service, unless explicitly stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service, shall create any warranty not expressly stated in this Agreement.

Indemnification

You agree to indemnify and hold harmless the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, resulting from any third-party allegations, claims, actions, disputes, or demands arising from or relating to your Content, your use of the Website and Services, or any willful misconduct on your part.

Severability

All rights and restrictions in this Agreement shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so as not to render this Agreement illegal, invalid, or unenforceable. If any provision or part of any provision of this Agreement is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or parts thereof shall constitute their agreement regarding the subject matter, and all such remaining provisions or parts thereof shall remain in full force and effect.

Assignment

You may not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which we may grant or withhold at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We may freely assign any of our rights or obligations under this Agreement, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Your continued use of the Website and Services after any such changes constitutes your acceptance of the new terms.

Acceptance of terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

Should you wish to learn more about this Agreement or have any inquiries related to it, please feel free to complete the form available on the Contact page.

This document was last updated on April 21, 2023