Yester Art® Terms of Service

These Terms of Service (“Terms”) govern your access to and use of yesterart.com and related services operated by Yester Art® (“Yester Art,” “we,” “us,” or “our”), including purchases made through our online store. By accessing the website, creating an account, placing an order, or otherwise using our services, you agree to these Terms.

1. Acceptance of These Terms

You may use Yester Art only if you can lawfully enter into a binding agreement. If you use the website or place an order on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, please do not use the website or place an order. Additional terms displayed with a particular product, service, promotion, or license become part of the agreement for that transaction.

2. Our Store and Shopify

Yester Art is an independent merchant. Our online store is hosted on Shopify, which provides ecommerce technology used to operate the website and process transactions. The contract for the sale of Yester Art products is between you and Yester Art unless applicable checkout information expressly states otherwise.

Certain customer-facing Shopify services, such as Shop Pay or the Shop app, may be governed by separate terms between you and Shopify. Your use of those services does not change the terms governing products purchased from Yester Art.

3. Customer Accounts

You are responsible for providing accurate, current, and complete account and order information and for keeping your login credentials secure. You are responsible for activity conducted through your account unless applicable law provides otherwise.

Please notify us promptly if you believe your account has been accessed or used without authorization. We may suspend or restrict an account when reasonably necessary to investigate fraud, abuse, security concerns, policy violations, or unlawful activity.

4. Products, Listings & Availability

Yester Art offers different categories of products, including made-to-order physical goods, downloadable digital artwork, art collections on physical or legacy media, original vintage advertising, and other art-related merchandise. Product-specific descriptions, specifications, formats, dimensions, condition information, compatibility notes, and license terms form part of the applicable product listing.

We make reasonable efforts to present product information accurately. Colors and appearance may vary because of screen settings, photography, printing methods, garment dyes, paper, production methods, aging of vintage materials, and other factors.

Product availability may change without notice. Listing a product does not guarantee that it will remain available until an order has been accepted and fulfillment can reasonably proceed.

5. Orders, Acceptance & Cancellation

Your submission of an order is an offer to purchase the products identified in the order. Receipt of an automated order confirmation does not prevent us from declining or cancelling an order when reasonably necessary because of an obvious pricing or listing error, unavailable inventory, payment failure, suspected fraud, legal restriction, technical error, or another material issue that prevents fulfillment.

If we cancel a paid order before fulfillment, we will issue the appropriate refund. Customer-requested changes and cancellations are governed by our Store Policies and may not be possible after production, fulfillment, shipment, or digital delivery has begun.

6. Prices, Taxes & Payment

Prices are shown in the currency indicated by the store and may change before an order is completed. Applicable shipping charges, taxes, duties, or other charges are shown or handled as required by the checkout process and applicable law.

You agree to provide valid payment information and authorize the applicable payment provider to charge amounts associated with your order. Payment processing may be subject to additional terms and fraud-prevention procedures imposed by the payment provider.

7. Shipping, Returns, Refunds & Delivery

Shipping, fulfillment, returns, exchanges, refunds, lost packages, damaged or defective goods, order problems, and digital-delivery issues are governed by our Store Policies and any product-specific terms shown at the time of purchase.

Nothing in these Terms or our Store Policies is intended to eliminate or restrict non-waivable rights available to you under applicable consumer-protection law.

8. Digital Products & Artwork Licenses

The purchase of downloadable artwork or another digital product does not transfer ownership of Yester Art’s intellectual-property rights or any third-party rights in the underlying material. Where a digital artwork product is sold with usage rights, your permitted uses are determined by the license supplied with that product.

Unless the applicable license expressly provides otherwise, you may not resell, sublicense, share, distribute, upload, or make the original digital file available to others as a standalone file or resource.

If a product listing and its applicable license differ, the license controls with respect to the scope of licensed use, while these Terms continue to govern the general purchase and use of the Yester Art website.

9. Intellectual Property

A. Yester Art Website and Proprietary Materials

The Yester Art name, logos, branding, website design, original text, graphics, compilations, product presentation, original artwork, proprietary designs, and other materials created or owned by Yester Art are protected to the extent provided by applicable intellectual-property law. Except as expressly permitted, you may not copy, reproduce, republish, distribute, modify, exploit, or create unauthorized derivative uses of Yester Art proprietary materials.

B. Physical Products Do Not Include Reproduction Rights

Purchasing a T-shirt, print, vintage advertisement, disc, or other physical product does not grant a license to reproduce, extract, copy, distribute, or use the artwork or design on other products. Any separate licensing rights must be expressly granted in writing or through a Yester Art digital-artwork license.

C. Public-Domain and Third-Party Materials

Yester Art works with historical and vintage materials, some of which may include public-domain content or references to third-party brands, trademarks, artists, publishers, products, or other historical subjects. Nothing in these Terms is intended to claim exclusive ownership of an underlying work that is in the public domain or of a third party’s trademark or other intellectual property.

Yester Art may hold rights in its own original contributions, branding, compilation, layout, restoration, editing, design, or other protectable material associated with a product or website presentation. References to third-party names or marks are generally descriptive, historical, nominative, or otherwise informational and do not imply sponsorship, endorsement, or affiliation unless expressly stated.

10. Acceptable Use of the Website

You agree not to use Yester Art to:

• violate applicable law or the rights of another person or entity;
• infringe copyright, trademark, privacy, publicity, contractual, or other rights;
• submit fraudulent orders, false information, or unauthorized payment information;
• introduce malicious code, viruses, or other harmful technology;
• interfere with, disrupt, overload, probe, or circumvent the security or operation of the website;
• attempt to gain unauthorized access to accounts, systems, files, or administrative functions;
• use automated means to scrape, harvest, copy, or extract website content or product assets in a manner that violates applicable law or our rights, except for ordinary indexing by legitimate search engines;
• remove, obscure, or alter copyright, trademark, license, watermark, or proprietary notices; or
• use purchased digital artwork beyond the rights granted by the applicable license.

11. Reviews, Comments & Other Submitted Content

If Yester Art allows you to submit a review, comment, photograph, testimonial, or other content for public display, you remain responsible for what you submit and represent that you have the rights necessary to submit it.

By submitting content specifically for publication on Yester Art, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and use that content as reasonably necessary to operate, promote, and improve the store, subject to our Privacy Policy and applicable law. This license does not transfer your ownership of the submitted content.

We may decline, remove, or moderate submitted content that is unlawful, fraudulent, abusive, misleading, infringing, irrelevant, or otherwise inappropriate for the store.

12. Third-Party Services & Links

The website may contain links to, integrations with, or services provided by third parties, including payment providers, fulfillment providers, carriers, social platforms, or other websites. Those third parties may have their own terms and privacy practices.

Yester Art is not responsible for the content or independent practices of third-party websites or services that we do not control. A link or integration does not necessarily constitute endorsement.

13. Privacy

Our collection, use, disclosure, and protection of personal information are described in the Yester Art Privacy Policy. By using the website, you acknowledge that personal information may be processed as described in that policy and as otherwise permitted or required by law.

14. Errors, Omissions & Corrections

Despite reasonable efforts, the website may occasionally contain typographical errors, inaccurate descriptions, incorrect prices, outdated availability information, or other errors. We may correct errors and update information when discovered.

If an error materially affects an order that has already been placed, we will take reasonable steps to provide an appropriate correction, cancellation, refund, or other remedy consistent with applicable law.

15. Suspension or Termination of Access

We may restrict, suspend, or terminate access to the website or an account when reasonably necessary because of fraud, security concerns, unlawful conduct, material violation of these Terms, abuse of Yester Art services, or conduct that threatens Yester Art, our customers, service providers, or others.

Provisions that by their nature should survive termination—including intellectual property, payment obligations, disclaimers, limitations of liability, and dispute-related provisions—will continue to apply after termination to the extent permitted by law.

16. Disclaimers

To the fullest extent permitted by law, the Yester Art website and services are provided on an “as available” basis. We do not guarantee that the website will always be uninterrupted, error-free, or free from every security risk.

Product warranties, if any, are limited to those expressly stated in the product listing, Store Policies, manufacturer information, or applicable law. We do not exclude or disclaim warranties, guarantees, or other rights that cannot lawfully be excluded.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Yester Art will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of the website or a transaction, including loss of profits, revenue, data, or business opportunity, when such damages may lawfully be excluded.

To the fullest extent permitted by law, Yester Art’s aggregate liability arising from a particular purchase will not exceed the amount actually paid to Yester Art for the product or order giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Yester Art from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful misuse of the website, your material violation of these Terms, your infringement of another person’s rights, or your use or redistribution of licensed artwork outside the scope of the applicable license.

19. Events Beyond Reasonable Control

Yester Art is not responsible for delay or failure caused by circumstances beyond our reasonable control, such as carrier disruptions, severe weather, natural disasters, labor disruptions, utility or internet failures, cyber incidents, government actions, customs delays, supplier or fulfillment interruptions, or similar events. This provision does not limit any non-waivable rights or remedies provided by law.

20. Electronic Communications

When you use the website, place an order, create an account, or contact us electronically, you consent to receive transaction-related communications electronically, including by email or through your customer account. Marketing communications are governed separately by your subscription choices and our Privacy Policy.

21. Severability, No Waiver & Assignment

If a provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law. Our failure to enforce a provision does not waive our right to enforce it later.

You may not assign or transfer rights or obligations under these Terms in a manner that would transfer a personal artwork license or other non-transferable right without our written consent. Yester Art may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of the business, subject to applicable law.

22. Governing Law, Disputes & Mandatory Consumer Rights

These Terms are governed by applicable law, including any mandatory consumer-protection law that applies to you because of where you live or where Yester Art offers products. Nothing in these Terms is intended to waive a right, remedy, warranty, withdrawal right, or consumer protection that applicable law does not permit you to waive.

Before beginning a formal dispute, we encourage you to contact us so that we have an opportunity to understand and attempt to resolve the issue. This informal process does not prevent either party from exercising rights or remedies available under applicable law.

23. Changes to These Terms

We may update these Terms to reflect changes in our products, services, technology, business practices, legal requirements, or policies. The “Last Updated” date above identifies the most recent revision.

Revised Terms apply prospectively from their effective date unless applicable law requires otherwise. The terms in effect when you completed a purchase will continue to govern that transaction to the extent required by law.

25. Contact Us

If you have questions about these Terms, an order, a product, or another Yester Art policy, please contact us: