Mom's Cards Terms and Conditions

1. Copyright and Rights to images

Mom's Cards are cards displaying information about the child, the parent or family member. Mom's Cards allows for the client to upload his/her images, by uploading his/her images, the client guarantees that he/she has the rights to the uploaded images and allows such image to be uploaded onto the Art Strollers Corporation (“Art Strollers”) system with the intent of it being printed on the Mom's Card selected template or template as agreed to with Art Strollers for their personal use.

2. Image Defects

The client will not hold Art Strollers liable against any technical defect or colour difference in the case that the printed result differs from the uploaded file. To the best of its capability, Art Strollers will advise client if they see a possible issue with the uploaded file.

3. Marketing use of images by Art Strollers

At no time shall Art Strollers have the right to use, sell or license the images uploaded onto their system and site. Should Art Stroller desire to use the customers image for marketing and promotional purposes, it will notify the client prior to doing so and ensure their accord.

4. Order Process

Following the online order process, the client will receive a template for their personalized Mom's cards within 1-3 business days for existent templates and 5-10 business days for custom demands. Art Strollers does not guarantee it can fulfill all custom demands, should a demand not be feasible, the client will be advised as soon as reasonably possible. Client can approve the template via e-mail. Upon approval, the order is finalized and a secured payment link is sent to the client. Payment is to be received no more than 14 days following the template approval. Mom's cards will be sent to client following full receipt of payment.

5. Shipping

Art Strollers endeavours to ship all orders ship all orders within 14-21 business days. However, large orders of 5 business card sets or more can take longer to ship. Art Strollers is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Eastern Time. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. Shipping is free of charge in the Greater Toronto area. Orders outside the GTA will be subject to shipping rates which will be communicated to client at the time of order finalization. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from Art Strollers to you upon shipment.

6.   DISCLAIMER OF WARRANTIES

THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ART STROLLERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.ART STROLLERS DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM ART STROLLERS OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ART STROLLERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ART STROLLERS ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

7.   LIMITATION OF LIABILITY

IN NO EVENT SHALL ART STROLLERS OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ART STROLLERS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ART STROLLERS'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ART STROLLERS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ART STROLLERS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

8.   Indemnity

You agree to defend, indemnify and hold harmless Art Strollers and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Services, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.