Terms and Conditions
Agreement between the User and Euphoric View
Welcome to Euphoric View. The terms and conditions below (“Terms”) apply to all visitors of the Euphoric View website, www.euphoricview.com (the “Site”), owned and operated by euphoric view(“EuphoricView”). Please read these Terms carefully before using our Site as they contain important information regarding your legal rights, remedies, and obligations concerning your use of this Site. These Terms constitute a binding agreement between you and us so please review them carefully before changing the way you interact with our Site or its content in any way.
Euphoric View is an E-commerce Site
Euphoric View aspires to provide downloadable art pieces that are easy for consumers to find and purchase.
If you have downloaded or accessed your purchase from www.euphoricview.com, then it is considered as “used” and all sales are final. Our products are intangible, so we cannot accept any refunds for these items.
Since Euphoric View only offers digital download products, we have no shipping process.
By visiting Euphoric View or sending us emails, you are participating in electronic communications. You agree to receive electronic communications and understand that all agreements, notices, disclosures, and other communication satisfied the legal requirement to be in writing.
You are entirely responsible for maintaining the confidentiality of your account and password. Please be very mindful about who has access to your computer, as you will be held accountable for all activities that take place under your account or password. You may not give away or transfer your account to anyone else. Keep in mind that Euphoric View is not at all responsible if someone steals or takes illegitimately obtained access to your account without permission. Euphoric View and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
At Euphoric View, we are committed to only collect personal information from individuals over the age of thirteen. If you are under eighteen, please only use our website with the permission of a parent or guardian.
Links to Third-party Sites/Third-party Services
Euphoric View contains links to other websites that we call “Linked Sites.” We don’t control these Linked Sites, and can’t be responsible for their content, including any changes or updates. We’re only providing these links as a convenience. The fact that Euphoric View includes a link does not mean that we endorse the site or have any association with its operators.
Please be aware that some services provided by Euphoric View originate from third-party sites and organizations. If you use any product, service, or functionality on our website, you agree to allow us to share your information with these third parties. We only do this so that they may provide you with the requested product, service, or functionality on behalf of all Euphoric View users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are not permitted to use the Site in any way that could damage, disable, overburden, or impair it. Additionally, you may not attempt to obtain any materials or information through means that are not intentionally made available on the Site.
All of the text, graphics, logos, images, and software included as part of the Service are owned by Euphoric View or its suppliers. This intellectual property is protected by copyright and other laws that exist to protect proprietary rights. You agree not to change any content on the Site and to abide by all notices, legends, or other restrictions contained therein.
You may not alter, publish, transmit, reverse engineer, participate in the sale or transfer of, create derivative works from, or exploit any content found on this Site. This includes Euphoric View content- it is not meant to be resold. Furthermore, your usage of this site does not allow you to make unauthorized use of protected content. Finally, do not delete or change any proprietary rights notices included in the content.
By using Euphoric View’s protected content, you agree that you will not use the content for anything other than personal means. You also promise not to make photocopies, duplicate, distribute, or sell any parts of the material without expressed written permission from us. Keep in mind that breaking these terms goes against copyright law. We do not allow access to our intellectual property unless it is expressly authorized first.
When you add an item to your cart and/or submit an order, you are guaranteeing that the artwork, logos, design, graphics, and text do not go against any intellectual property rights of a third party. This includes copyright and trademark rights.
Use of Communication Services
The website offers various services that allow users to communicate with each other, including but not limited to bulletin boards, chat rooms, news groups, forums, personal web pages, and calendars (collectively referred to as “Communication Services”). When using these Services, you agree only to post, send and receive messages and materials that are relevant and appropriate to the particular Communication Service.
While using a Communication Service, you agree not to: defame, abuse, harass, stalk, or threaten others; publish, post, upload, distribute, or disseminate inappropriate, profane, defamatory, infringing, obscene, or unlawful content; upload files protected by intellectual property laws or rights of privacy or publicity unless you own or have permission to use them; upload files that contain viruses or other harmful software; advertise or sell goods or services for any business purpose unless the Communication Service allows it; conduct or forward surveys, contests, pyramid schemes, or chain letters; download files that you know or should know cannot be legally distributed; alter or delete author attributions, legal notices, or proprietary designations; prevent other users from using the Communication Services; collect information about others without their consent, or violate any applicable laws or regulations.
Although Euphoric View is not required to do so, we reserve the right to review any materials posted on our Communication Services and remove them at any time without notice for any reason. We also have the sole discretion to terminate your access to all or part of our Communication Services at any time and for any reason whatsoever.
Euphoric View has the right to disclose any information at anytime necessary to satisfy any applicable law, meet a legal process or governmental request, or edit or remove materials or information entirely.
Be mindful of the information you share online, especially if it could personally identify you or your children. Remember that Euphoric View isn’t responsible for any content in Communication Services, so use caution before participating. Note too that managers and hosts aren’t official spokespersons for Euphoric View–their opinions may not reflect our company’s views.
If you upload materials to a Communication Service, you are responsible for following any posted limitations on their usage, reproduction, and dissemination. These limitations may apply to the materials you upload.
Materials Provided to Euphoric View or Posted on Any Euphoric View Web Page
Euphoric View does not own the materials you provide, such as feedback and suggestions, or the content you post, upload, input, or submit to any Euphoric View Site or associated services (referred to as “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant Euphoric View and affiliated companies, as well as necessary sublicensees, permission to use your Submission in connection with their Internet businesses. This includes, but is not limited to, the rights to copy, distribute, transmit, display, perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
Your Submission is voluntary and you will not be compensated for its use. Euphoric View may choose not to post or use your Submission and can remove it at any time without notice.
By posting your submission, you are warranting that you have all the necessary rights to post it as described in this section. This includes ownership or control of Submission content and the right to provide, post, upload, input or submit it.
Euphoric View controls, operate, and administer the Service from its offices in the USA. If you access the Service from a location outside the USA, you are responsible for following all local laws. You agree not to use the Euphoric View Content accessed through Euphoric View in any way that is prohibited by applicable laws, restrictions, or regulations.
You agree to compensate, defend, and hold Euphoric View and its officers, directors, employees, agents, and third parties harmless for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) related to or arising from your use of or inability to use the Site or services, any user postings you make, your violation of any terms of this Agreement, your violation of the rights of a third party, or your violation of any applicable laws, rules, or regulations. Euphoric View reserves the right, at its own cost, to take over the exclusive defense and control of any matter that would otherwise require you to indemnify them. If this happens, you will cooperate fully with Euphoric View in asserting any available defenses.
Class Action Waiver
Any arbitration under these terms and conditions will be conducted on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may only bring claims against the other party in their individual capacity and not as a plaintiff or class member in any putative class, collective, or representative proceeding, such as in the form of a private attorney general action. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
The information, software, products, and services available on or through the Site may contain inaccuracies or typographical errors. Euphoric View and/or its suppliers may make changes to the Site at any time. Euphoric View and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics 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. Euphoric View 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.
Euphoric View has the right to end your access to the Site and all related services at any time for any reason, with or without notice. This agreement is governed by the laws of Texas, and you agree that Texas courts have sole jurisdiction over any disputes relating to the use of the Site. Use of this site is not allowed in any jurisdiction that does not enforce all provisions these Terms set out, including but not limited to this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Euphoric View as a result of this agreement or use of the Site. Euphoric View’s performance of this agreement is subject to existing laws and legal process, and Euphoric View reserves the right to comply with governmental, court, and law enforcement requests or requirements related to your use of the Site or information provided to or gathered by Euphoric View with respect to such use. If any part of this agreement is found to be invalid or unenforceable under applicable law, including but not limited to the disclaimer of warranties and limitations on liability set forth above, then that 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 will continue in effect.
Unless otherwise specified in this agreement, this agreement constitutes the entire agreement between you and Euphoric View concerning the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Euphoric View regarding the Site. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. The parties desire that this agreement and all related documents be written in English.
Changes to Terms
At Euphoric View, we regularly revise our Terms to continue providing the best service possible. We encourage all of our customers to stay up-to-date with these changes by periodically checking back for updates.
If you have any questions or concerns about this Statement of Privacy, please contact us through the website contact form and we will be happy to address them.
Effective as of December 19th, 2022