Terms & Conditions
Welcome to https://baldiart.com/. The https://baldiart.com/ website (
“www.Baldiart.com”) is comprised of various web pages operated by Baldiart LLC.
(“Baldiart”). https://baldiart.com/ is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of https://baldiart.com/
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
https://baldiart.com/ is an Online Marketplace Site.
Baldiart Marketplace is an e-commerce platform that enabled third-party
sellers to sell their products on a fixed-price online marketplace.
Privacy
Your use of https://baldiart.com/ is subject to Baldiart Privacy
Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.
Electronic Communications
Visiting https://baldiart.com/ or sending emails to Baldiart
constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically, via email, and on
the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. You may not assign or otherwise transfer your
account to any other person or entity. You acknowledge that Baldiart
is not responsible for third party access to your account that results
from theft or misappropriation of your account. Baldiart and its
associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content at our sole discretion.
Children Under 18
If you are under 18, you may use https://baldiart.com/ only with permission
of a parent or guardian.
Cancellation/Refund Policy
Cancellations are only accepted for full-priced items, within 60 minutes
after an order is placed. You have 30 days from the date your receive your
order to initiate and return your item(s) for a refund or store credit. Any
returns not made within this window will be rejected. Due to the custom-made
nature of some of our handmade products we can not accept returns/exchanges or offer
refunds for any handmade item.
Links to Third Party Sites/Third Party Services
https://baldiart.com/ may contain links to other websites (“Linked
Sites”). The Linked Sites are not under the control of Baldiart is
not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Baldiart is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Baldiart
of the site or any association with its operators.
Certain services made available via https://baldiart.com/ are delivered by
third-party sites and organizations. By using any product, service, or
functionality originating from the https://baldiart.com/ domain, you hereby
acknowledge and consent that Baldiart may share such information and data
with any third party with whom Baldiart has a contractual relationship to
provide the requested product, service, or functionality on behalf of
https://baldiart.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use https://baldiart.com/ strictly by these terms of
use. As a condition of your use of the Site, you warrant to Baldiart that
you will not use the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of Baldiart or its suppliers and protected by copyright
and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. Baldiart content is not
for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular, you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of Baldiart and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Baldiart  or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services”).
You agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another’s computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded; restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations.
Baldiart has no obligation to monitor the Communication Services.
However, Baldiart  reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.Baldiart
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Baldiart reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Baldiart  sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Baldiart
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Baldiart  specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Baldiart spokespersons, and their
views do not necessarily reflect those of Baldiart.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you upload the materials.
Materials Provided to https://baldiart.com/ or Posted on Any Baldiart
Web Page
Baldiart  does not claim ownership of the materials you provide to
https://baldiart.com/ (including feedback and suggestions) or post, upload,
input or submit to any Baldiart  Site or our associated services
(collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Baldiart,
our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Baldiart is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Baldiart
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
International Users
The Service is controlled, operated, and administered by Baldiart from
our offices within the UK. If you access the Service from a location outside
the UK, you are responsible for compliance with all local laws. You agree that
you will not use the Baldiart Content accessed through
https://baldiart.com/ in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Baldiart, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney’s fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. Baldiart reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate
with Baldiart in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrator’s award shall be
final, and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree
to arbitrate all disputes and claims in regards to these Terms and Conditions
or any disputes arising as a result of these Terms and Conditions, whether
directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, unless both you and Baldiart agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN.Baldiart , LLC. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Baldiart , LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.Baldiart,
LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Baldiart LLC.
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IFÂ Baldiart , LLC. OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Baldiart reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Florida and you hereby consent to the
exclusive jurisdiction and venue of courts in Florida in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Baldiart  as a result of this
agreement or use of the Site. Baldiart performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Baldiart  right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by Baldiart
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Baldiart with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Baldiart with respect to
the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Age Restriction:
You may not use of engage with the Platform if you are under thirteen (18)
years of age. By using or engaging with the Platform, you also acknowledge and
agree that you are permitted by your jurisdiction’s Applicable Law to use
and/or engage with the Platform.
Prohibited Content:
You acknowledge and agree to not send any prohibited content over the
Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex,
religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful
code;
– Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
– Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAAâ€) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC†Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
Dispute Resolution:
In the event that there is a dispute, claim, or controversy between you and
Us, or between you and Stodge, LLC/b/a Postscript or any other third-party
service provider acting on Our behalf to transmit the mobile messages within
the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim, or controversy will be, to the fullest extent permitted by
law, determined by arbitration inDoral, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration Association
(“AAAâ€) then in effect. Except as otherwise provided herein, the arbitrator
shall apply the substantive laws of the Federal Judicial Circuit in which Baldiart LLC principle
place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a
party, the parties must jointly select an arbitrator with at least five years’
experience in that capacity and who has knowledge of and experience with the
subject matter of the dispute. If the parties do not agree on an arbitrator
within ten (10) calendar days, a party may petition the AAA to appoint an
arbitrator, who must satisfy the same experience requirement. In the event of a
dispute, the arbitrator shall decide the enforceability and interpretation of
this arbitration agreement in accordance with the Federal Arbitration Act
(“FAAâ€). The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency injunctive
relief from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in section
10 of the FAA. Each party shall bear its share of the fees paid for the
arbitrator and the administration of the arbitration; however, the arbitrator
shall have the power to order one party to pay all or any portion of such fees
as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. The arbitrator shall have no authority to
award punitive damages and each party hereby waives any right to seek or
recover punitive damages with respect to any dispute resolved by arbitration.
The parties agree to arbitrate solely on an individual basis, and this
agreement does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration proceeding.
Except as may be required by law, neither a party nor the arbitrator may
disclose the existence, content, or results of any arbitration without the
prior written consent of both parties, unless to protect or pursue a legal
right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section
or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power,
and authority to agree to these Terms and perform your obligations hereunder,
and nothing contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for
herein will not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
Any new features, changes, updates or improvements of the Program shall be
subject to this Agreement unless explicitly stated otherwise in writing. We
reserve the right to change this Agreement from time to time. Any updates to
this Agreement shall be communicated to you. You acknowledge your responsibility
to review this Agreement from time to time and to be aware of any such changes.
By continuing to participate in the Program after any such changes, you accept
this Agreement, as modified.
Changes to Terms
Baldiart reserves the right, in its sole discretion, to change the Terms
under which https://baldiart.com/ is offered. The most current version of the
Terms will supersede all previous versions. Baldiart encourages you to
periodically review the Terms to stay informed of our updates.