BORING LEGAL STUFF.
ALL ORDERS COME WITH A NFT AND PHYSICAL ITEM.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, their name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer, and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
WAXP.ART collects and uses Users personal information for the following purposes:
To improve customer service your information helps us to more effectively respond to your customer service requests and support needs.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To administer a content, promotion, survey, or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails the email address Users provide for order processing will only be used to send them information and updates about their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL-secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website’s terms and policies.
Google Privacy Link
Compliance with the children’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we know are under 13, and no part of our website is structured to attract anyone under 13.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
115 N Chauncey St, # 651
Columbia City, IN 46725-2001
Terms Of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE WAXP.ART WEBSITE.
You are reading these Terms of Sale (“Terms of Sale”) because you are using a WAXP.ART website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of WAXP.ART’s Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and WAXP.ART and its affiliates (which we may refer to as “WAXP.ART,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. WAXP.ART may revise these Terms of Sale without notice by posting revised Terms of Sale on its website. The Terms of Sale posted on the website at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the website, you must be of legal age in your country and a consumer – not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for WAXP.ART to sell WAXP.ART products are direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of WAXP.ART product by someone who resells or intends to resell, the WAXP.ART product to others (consumers, businesses, or any third party). If WAXP.ART believes you are involved in a purchase for resale, WAXP.ART reserves the right to take any action against you, including, without limitation, restricting sales to you, canceling your orders, and/or suspending or closing your account.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
The fulfillment of all orders on the website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we canceled:
the product is not available / in stock;
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
your bank transfer payment is not received within 12 calendar days after acceptance of your order;
we believe you are under the legal age in your country;
we believe that you are a reseller;
there was an error in the price displayed on the Platform;
we could not deliver to the address provided by you;
due to an Event Outside Our Control (see below); or
in the event of misspelling, pricing, or other errors or mistakes on/in the website.
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions that can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
The risk of loss and title for products purchased from WAXP.ART pass to you upon our delivery to the carrier.
Please do not try to and pay in any other way than specified on the WAXP.ART website. If you do, we will not be liable for the loss of the payment or any other damages that may result from this action.
Except concerning pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order is placed. Payments can only be processed if the billing information can be verified.
PRICES AND CURRENCY
Shipping rates are applied per order. The exact shipping rates depend on the country in which your order is being delivered. For details on shipping rates per country see the help section of the Website.
Prices are quoted in local currency. If you change the country of delivery while browsing or during checkout, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may influence the price due to a change in currency or country-specific pricing.
YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
The prices of the products will be as displayed on the website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
Terms Of Service
These Terms create a legally binding agreement between you and WAXP.ART and its affiliates (which we may refer to as “WAXP.ART,” “we,” “us,” or “our”) regarding your use of the website.
Terms of Sale. By making any purchase with us, you also agree to the Terms of Sale.
Important Notice for Influencers/Celebrities/Athletes. You are responsible for ensuring that your participation on our platform does not affect your eligibility.
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
Rules for Registration. When you register for an account with us, the following rules apply:
Be True: Provide accurate and current registration information.
Be You: Keep your registration personal. Do not register for more than one WAXP.ART account, register a WAXP.ART account on behalf of someone else, or transfer your account.
Be Secure: Keep your username, password, and other login credentials secure, and do not allow anyone else to use your account.
Be Responsible: Inform WAXP.ART immediately of any unauthorized use of your WAXP.ART account. You are responsible for anything that happens through your WAXP.ART account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WAXP.ART IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by WAXP.ART or others we license Content from and is protected by copyright, trademark, patent, and other laws. WAXP.ART reserves all rights not expressly described in these Terms.
All trademarks, service marks, and trade names (e.g., the WAXP.ART name) are owned, registered, and/or licensed by WAXP.ART. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent WAXP.ART approves the download or use of Content comprised of copyrights or copyrightable works, WAXP.ART grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as WAXP.ART makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. WAXP.ART reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. WAXP.ART reserves the right to take down any Content in violation of these terms or WAXP.ART’s intellectual property rights. WAXP.ART allowing you this limited use does not constitute a waiver of any of WAXP.ART rights to the Content.
Outside of the specific usage rights granted to you by WAXP.ART in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without WAXP.ART’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” WAXP.ART is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to WAXP.ART as described below:
You represent that you have the right to post your User Content, and you grant WAXP.ART a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. WAXP.ART may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may persist in WAXP.ART’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
LICENSE TO USE COMMENTS, FEEDBACK, AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to WAXP.ART a perpetual, worldwide license to use all comments, feedback, and ideas you may share with us, without notice, compensation, or acknowledgment to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
We’re excited to have you contribute to the WAXP.ART community. Here are a few basic rules:
Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Do not do anything that may expose WAXP.ART or its users to any type of harm, including anything that may disrupt damage, disable, tamper with, overburden, or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs, or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping, or similar data-gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform – yours or anybody else’s.
Do not post any advertising, solicitation, or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. WAXP.ART has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Be Yourself. Do not impersonate any person or organization, including athletes or WAXP.ART employees.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. WAXP.ART may terminate the accounts of Platform users found to infringe third-party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information
(1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send copyright infringement complaints to:
Legal Department (Copyright)
115 N Chauncey St, # 651
Columbia City, IN 46725-2001
6. PARTNERS ON THE PLATFORM
7. IMPORTANT DISCLAIMERS
The Platform may include features that promote physical activity, nutrition, or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
Consider the risks involved and consult with your medical professional before engaging in any physical activity.
Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WAXP.ART IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations, and letting someone know where you will be. WAXP.ART is under no obligation to become involved with any user dispute but may do so at its own discretion.
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions and limitations may not apply to you.
The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability, or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WAXP.ART IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
WAXP.ART does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, WAXP.ART disclaims all warranties, express or implied, regarding the Platform, Content, User Content, and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
WAXP.ART may terminate or modify any WAXP.ART Platform, member program, product, or service at any time without notice.
WAXP.ART may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to WAXP.ART, subject to applicable law.
You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but WAXP.ART must also protect itself from any damages you may cause.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties, and remedies, so these exclusions/limitations may not apply to you. NONE OF THE WAXP.ART PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, NIKE’S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
10. APP MARKETPLACES: You acknowledge that this agreement is between you and WAXP.ART only, and not with the app marketplace where you downloaded a WAXP.ART app (e.g. for iOS users, the App Store operated by Apple Inc., or for Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
You agree that this Platform is a passive platform solely based in INDIANA which does not give rise to personal jurisdiction over WAXP.ART in jurisdictions other than INDIANA.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of WAXP.ART products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in INDIANA USA.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” concerning venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
By using the Platform, you agree to receive certain electronic communications from WAXP.ART, subject to applicable law.
You agree that any notice, agreement, disclosure, or other communication that WAXP.ART sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
WAXP.ART may assign its rights and duties under these Terms to any party at any time without notice to you unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
WAXP.ART’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or WAXP.ART’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.