Terms of Service
1. Agreement
These Terms of Service (the "Terms") govern your use of the Ready2HangArt Made to Order application and portal (the "Service"), operated by Ready2HangArt (Ready2HangArt.com, Inc.) ("Ready2HangArt," "we," "us," or "our"). By creating an account, connecting a store, submitting an order, or otherwise using the Service, you ("you" or "Dealer") agree to these Terms. If you do not agree, do not use the Service.
2. The Service
Made to Order lets approved dealers (artists and brands) connect their online store to Ready2HangArt, publish wall-art products, and have Ready2HangArt produce (print, frame) and ship those orders under the dealer's brand. The Service is provided to business users only, not to individual consumers, and Ready2HangArt's contractual relationship under these Terms is with you, the Dealer — not with your end customers. Any reference in these Terms to fulfilling, producing, or shipping orders "for" or "on behalf of" your end customers describes the service we provide to you; it does not make your end customers a party to, or a beneficiary of, these Terms.
3. Accounts and Eligibility
- Accounts are approved by Ready2HangArt at our discretion. You must provide accurate, current information and keep your login credentials secure.
- You represent that you are a business entity, sole proprietor, or professional artist operating in, and lawfully authorized to do business in, the United States. The Service is designed and offered for use by dealers located in the United States, for products shipped to addresses within the United States. Ready2HangArt does not currently support international dealers or international shipping destinations, and may reject or cancel any account or order that does not meet this requirement.
- You are responsible for all activity under your account and for any store, platform, or integration you connect to the Service.
- You must have the right to connect any store and to sell, reproduce, and have Ready2HangArt manufacture the artwork and content you upload or reference.
- Ready2HangArt may suspend, reject, or terminate any account or order at its discretion, including where we are unable to verify the information provided or suspect fraud or misuse.
4. Your Content and Rights
- You retain ownership of the artwork and product information you provide.
- You grant Ready2HangArt a limited, non-exclusive, royalty-free license to reproduce, display, adapt (solely for sizing, cropping, and print preparation), and use your artwork and product information as needed to: produce, package, preview, and ship your orders; operate, display, and support your account and configured products within the Service; and retain copies for a commercially reasonable period for quality assurance, dispute resolution, defect and damage claims, and reprint purposes.
- You represent and warrant that you own or otherwise have all rights necessary to upload, reproduce, and sell the artwork and content you submit, and that it does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, and is not unlawful, defamatory, obscene, or otherwise objectionable.
- Where you provide artwork or files to Ready2HangArt via a third-party link (for example, a Dropbox or Google Drive share), you are solely responsible for that link's accessibility, permissions, and security, including any consequences of making it publicly accessible.
5. Orders, Production, and Shipping
- Products are made to order. Once an order is approved for production, it is not cancelable.
- You are responsible for the accuracy of the order details, artwork, and shipping information you or your connected store provide. Ready2HangArt is not responsible for errors resulting from inaccurate or incomplete information you or your store submit.
- Ready2HangArt ships only to addresses within the United States.
- Tracking information, when available, is passed back to your connected store so the buyer can follow the delivery.
6. Returns, Defects, and Shipping Damage
Because every item is produced to order, Made to Order products are final sale and cannot be returned for convenience. They are, however, protected against manufacturing defects and damage in transit, as follows:
- Report any manufacturing defect or shipping damage within 72 hours of delivery by emailing clear photos of the affected piece, along with the order and item numbers, to info@ready2hangart.com.
- Approved defect and damage claims are resolved by replacement of the affected piece. Ready2HangArt typically resolves these from photos alone, without requiring the item to be returned.
- Replacement, as described above, is Ready2HangArt's sole obligation and your sole and exclusive remedy for any manufacturing defect or shipping damage; Ready2HangArt is not obligated to provide refunds, credits, or any other remedy.
- This Section 6 is a matter between Ready2HangArt and you, the Dealer, only. Your end customers are not third-party beneficiaries of these Terms and have no direct claim against Ready2HangArt. Any claim relating to an end customer's order must be submitted by you, on their behalf, in accordance with this Section.
7. Fees and Billing
- Ready2HangArt charges the Dealer the wholesale cost of the products it manufactures and ships, plus any applicable sales tax, shipping, and payment-processing fees. Charges are billed either per order or on agreed terms, as configured for your account. Charges are for physical goods and fulfillment, not for use of the app itself.
- You authorize Ready2HangArt to charge your payment method on file for these amounts before or upon production of each order.
- Ready2HangArt may add sales tax to your production charges for any state in which Ready2HangArt has nexus, unless you have provided a current, valid resale certificate covering that state.
- If Ready2HangArt is unable to successfully charge your payment method on file, we may place your account, and any pending or future orders, on hold until a valid payment method is provided and your account is brought current. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.
8. Acceptable Use
You agree not to misuse the Service, including by: attempting to access data, accounts, or systems that are not yours; disrupting, overburdening, or reverse-engineering the Service or its API; submitting fraudulent, inaccurate, or unauthorized orders; using the Service for any unlawful, infringing, or fraudulent purpose; or using the Service in a manner that would violate U.S. export control or economic sanctions laws.
9. Third-Party Services and Integrations
The Service integrates with, or allows you to connect, third-party platforms and services, including your e-commerce store (such as Shopify, Etsy, or WooCommerce), order-management platforms (such as Order Desk), and shipping carriers or software (such as ShipStation). Your use of those third-party platforms is governed solely by their own terms and privacy policies. Ready2HangArt does not control and is not responsible or liable for the acts, omissions, availability, or security of any third-party platform, or for any failure, delay, or data error originating from a third-party integration. You are responsible for any information, files, tokens, or authorizations you provide to, or through, third-party platforms in connection with the Service.
10. Disclaimers and Limitation of Liability
THE SERVICE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, READY2HANGART WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF READY2HANGART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
READY2HANGART'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO READY2HANGART FOR THE ORDER(S) GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Ready2HangArt and its officers, directors, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your artwork, content, or product information, including any claim that it infringes, misappropriates, or violates a third party's intellectual property or other rights; (b) your breach of these Terms or of any representation or warranty made in them; (c) your violation of any applicable law; (d) any dispute between you and your end customer; or (e) your use or misuse of the Service. Ready2HangArt reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with that defense.
12. Term and Termination
You may stop using the Service and disconnect your store at any time by written notice to Ready2HangArt. Ready2HangArt may suspend or terminate your account or access to the Service, with or without notice, for violation of these Terms, non-payment, suspected fraud, or misuse of the Service, or for any other reason at our discretion. Upon termination, orders already in production will be completed and billed under Section 7. Ready2HangArt may delete your account data and uploaded files, including artwork, within a commercially reasonable period following termination, except where retention is required for legal, tax, or accounting purposes. Sections 4 (as to content already produced), 6 (as to orders already shipped), 7 (as to unpaid amounts), and Sections 10 through 18 survive termination.
13. Force Majeure
Ready2HangArt will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, labor disputes, supply-chain shortages or disruptions, carrier or shipping delays, or utility or internet outages.
14. Dispute Resolution; Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
- Informal Resolution. Before filing any claim, you and Ready2HangArt agree to first try to resolve the dispute informally by contacting info@ready2hangart.com and allowing at least thirty (30) days for good-faith discussion.
- Binding Arbitration. If a dispute is not resolved informally, you and Ready2HangArt agree that it will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. The arbitration will be seated in Tennessee, may be conducted remotely or on written submissions where permitted by the applicable rules, and the arbitrator's decision will be final and binding.
- Class Action Waiver. YOU AND READY2HANGART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
- Opt-Out. You may opt out of this Section 14 by sending written notice to info@ready2hangart.com within thirty (30) days of first accepting these Terms. If you opt out, Section 15 (Governing Law and Venue) governs how disputes are resolved instead.
- Severability. If any part of this Section 14 is found unenforceable, the rest will still apply, except that if the Class Action Waiver is found unenforceable as to a particular claim, only that claim may proceed in court under Section 15, and this Section will still apply to all other claims.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Tennessee, USA, without regard to its conflict-of-laws rules. Subject to Section 14, any dispute not subject to arbitration, and any action to enforce an arbitration award or to seek emergency injunctive relief, will be brought exclusively in the state or federal courts located in Tennessee, and you consent to the personal jurisdiction of those courts.
16. Relationship of the Parties
You and Ready2HangArt are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship, and neither party has authority to bind the other or make representations on the other's behalf.
17. Assignment
You may not assign or transfer these Terms, or any rights or obligations under them, without Ready2HangArt's prior written consent. Ready2HangArt may assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
18. Miscellaneous
- Severability: if any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary, and the rest will remain in effect.
- No Waiver: our failure to enforce a provision is not a waiver of that provision or any other.
- Entire Agreement: these Terms, together with our Privacy Policy and any order-specific terms, are the entire agreement between you and Ready2HangArt regarding the Service, and supersede prior agreements on that subject.
- Notices: we may notify you by email to the address on your account or by posting within the Service; you may notify us at info@ready2hangart.com.
- Headings are for convenience only and do not affect interpretation.
19. Changes
We may update these Terms from time to time. Continued use of the Service after an update means you accept the revised Terms.
20. Contact
Questions about these Terms:
Ready2HangArt
3713 Calhoun Ave, Chattanooga, TN 37407
info@ready2hangart.com