Welcome to IrisWork, Inc. website, located at www.iriswork.com (the “Website”). This Terms of Service (“TOS”) contains the terms and conditions that govern your use of the Website (as defined below). This TOS describes your rights and responsibilities and what you can expect from IrisWork, Inc. Use of the IrisWork, Inc. website constitutes your acceptance of and agreement to this TOS.
IrisWork, Inc. reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. IrisWork, Inc. Service
IrisWork, Inc. provides a number of Internet-based services through the Website (all such services, collectively, the ” IrisWork, Inc. Service”). One such service enables users to purchase products, including without limitation, framed and unframed canvas prints (collectively, “Products”). IrisWork, Inc. may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Website and IrisWork, Inc. Service
2.1 Eligibility. IrisWork, Inc. will only knowingly provide the IrisWork, Inc. Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the IrisWork, Inc. Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The IrisWork, Inc. Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the IrisWork, Inc. Service and the Website.
2.3 Your License to Use the Website and IrisWork, Inc. Service.
(a) IrisWork, Inc. solely and exclusively owns all intellectual property and other rights, title and interest in and to the IrisWork, Inc. Service and the Website. For example and without limitation, IrisWork, Inc. owns the copyrights in and to the Website, and certain technology used in providing fine art service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by IrisWork, Inc.
(b) IrisWork, Inc. grants you a limited revocable license to access and use the Website and the IrisWork, Inc. Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by IrisWork, Inc. ; to compete with IrisWork, Inc. ; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, IrisWork, Inc. may revoke the license granted to you.
2.4 Third-Party Services. IrisWork, Inc. may use third parties to provide certain services accessible through the Website. IrisWork, Inc. does not control those third parties or their services, and you agree that IrisWork, Inc. will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with IrisWork, Inc.’s TOS, agreements or policies, you must comply with IrisWork, Inc.’s TOS, agreements or policies, as applicable.
3. General Rules
3.1 Prohibited Use. You may only use the IrisWork, Inc. Service as expressly permitted by IrisWork, Inc. You may not cause harm to the Website or the IrisWork, Inc. Service. Specifically, but not by way of limitation, you may not: (i) interfere with the IrisWork, Inc. Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the IrisWork, Inc. Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the IrisWork, Inc. Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain IrisWork, Inc.’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the IrisWork, Inc. Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.2 Privacy Policy. By entering into this TOS, you agree to IrisWork, Inc.’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with instructions provided on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Reservation of Rights
4.1 Monitoring. IrisWork, Inc. reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If IrisWork, Inc. determines, in its sole and absolute discretion, that you or another IrisWork, Inc. user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, IrisWork, Inc. may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Service. IrisWork, Inc. reserves the right to modify the organization, structure or “look and feel” of the IrisWork, Inc. Service or the Website, and may change, suspend, or discontinue any aspect of the IrisWork, Inc. Service at any time without any liability to you or any third party. IrisWork, Inc. shall have complete discretion over the features, functions, prices and other terms and conditions on which the IrisWork, Inc. Service is offered to IrisWork, Inc. users.
5. Submissions
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant IrisWork, Inc. permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that IrisWork, Inc. will have no obligation to keep any Submissions confidential. You will not bring a claim against IrisWork, Inc. based on “moral rights” or the likes arising from IrisWork, Inc.’s use of a Submission.
6. Representations and Warranties
6.1 Mutual Representations and Warranties. You represent and warrant to IrisWork, Inc. and IrisWork, Inc. represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
6.2 By You. You represent and warrant to IrisWork, Inc. that, in your use of the IrisWork, Inc. Service, you will comply with all applicable laws, rules, and regulations.
7. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. IRISWORK, INC. PROVIDES THE WEBSITE AND FINE ART SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. IRISWORK, INC. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, IRISWORK, INC. SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GBC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability
LIMITATION OF LIABILITY. IRISWORK, INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE GBC SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID IRISWORK, INC. TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii).
9. Indemnification
You must indemnify and hold IrisWork, Inc. and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify IrisWork, Inc. under this Section, IrisWork, Inc. will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without IrisWork, Inc.’s express written permission.
10. Termination
10.1 Termination. In its sole discretion, with or without notice to you, IrisWork, Inc. may: (i) suspend, limit your access to or terminate your use of the Website and/or the IrisWork, Inc. Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your content from IrisWork, Inc.’s servers and directories and (iv) prohibit you from using the IrisWork, Inc. Service and/or the Website.
10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until IrisWork, Inc. chooses to terminate this TOS.
10.3 Effect of Termination. If you or IrisWork, Inc. terminates your use of the Website or the IrisWork, Inc. Service, IrisWork, Inc. may delete any content or other materials relating to your use of the IrisWork, Inc. Service on IrisWork, Inc.’s servers or otherwise in its possession and IrisWork, Inc. will have no liability to you or any third party for doing so.
11. Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to IrisWork, Inc., you must use the following addresses: 14005 Palawan Way – Marina del Rey, CA 90292 or info@iriswork.com. If IrisWork, Inc. provides notice to you, IrisWork, Inc. will use the contact information provided by you to IrisWork, Inc.. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. Dispute Resolution
All disputes arising out of, relating to or connected with these TOS or your use of any part of the IrisWork, Inc. Service will be exclusively resolved under confidential binding arbitration held in California, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying California law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in California. Notwithstanding anything to the contrary in this Section 12, GBC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
13. Miscellaneous
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of IrisWork, Inc. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and IrisWork, Inc. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
14. Return Policy
We offer a 100% satisfaction guarantee. If you are not completely satisfied with your purchase, or if it arrives damaged, please call us at 310-890-1580 or email us at orders@iriswork.com. We’ll fix the problem as fast as possible.
You can return your purchase for an exchange or refund within 30 days from the date of shipment.
15. Shipping Policy
STORE POLICY SALES TERMS AND SHIPPING: We accept Visa, Master Card, American Express. If you prefer to mail payment, a money order, cashier’s check, personal check or company check is also accepted. There will be a 5-day hold on a personal check before the merchandise is shipped. SHIPPING: Allow 12 days for delivery from date of payment. ALL SHIPPING IS FREE OF CHARGE UNLESS OTHERWISE STATED. Orders are shipped via either FEDEX or USPS. We will notify you via e-mail of the tracking number of your order. Sales tax: IrisWork, Inc. is a California-based company. State law requires us to collect sales tax of 9% on all orders shipped within California. All orders outside of California are exempt from sales tax. If you are ordering outside of California and sales tax appears on your order, please change the “Shipping” destination on the shopping cart before you submit your order.
With the exception of United States Federal Holidays, all orders received and authorized by 5:00 pm PST Monday through Friday will usually ship within the next 12 days. Orders received on Saturday or Sunday will begin processing on Monday.
