TERMS AND CONDITIONS
This terms constitutes the entire and only agreement between ArtDotz and
ArtDotz will only knowingly provide service to a customer that can lawfully enter into and form a contract under applicable law. You are aware that Users must be at least thirteen (13) years of age to use the Site. You hereby represent and warrant that you are at least thirteen (13) years of age.
2. User Registration.
Upon creating a user account, you agree to provide ArtDotz with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are responsible for all activities that occur under your password or account.
Each Account is for your personal use only and shall not be created on behalf of any other person or entity. You hereby agree that you shall be liable for any failure to prevent such unauthorized use of your Account. ArtDotz may suspend any account suspected of unauthorized use at any time.
Creating multiple Accounts for a single User is strictly prohibited and considered abuse of the Site. You agree that you will not take part in the abuse of Artdotz's Special Offers through the creation of multiple accounts. ArtDotz may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.
As a registered user of the Site; You are responsible for all items uploaded under your account. We do not own your work. Your images remain yours and uploading to our site does not imply transfer of ownership to us. As part of the upload process, your image file may be modified. We will never use, sell, print, or promote your images without your written prior consent. So we won't use your images without your knowledge and permission.
You may not submit items that are abusive. In addition, you may not submit copyrighted material without obtaining the appropriate permission from the owner of such material. You hereby represent and warrant that all items submitted by you to be hosted on the Site (i) are validly owned or licensed by you, with full rights to publish them on the Site; (ii) do not contain any pornographic or obscene material; and (iii) do not contain any material that is harmful to anyone or is illegal under any applicable law.
ArtDotz may, however, keep your files on our secure servers for backup purposes in case you need a reprint or your product is damaged in shipment. If you want us to permanently delete your images from our server - please let us know when you place the order and we will comply. Files may get deleted periodically from our servers every 180 days without any notification. ArtDotz shall not be liable for damages due to any loss of data occurring as a result of your failure to maintain a backup copy of any images that are uploaded to the Site. Please ensure that you have a
4. User Conduct
In using this Website, you agree to not:
A. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise ("Content") that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy, and intellectual property.
B. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
C. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
D. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
E. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
F. upload, download, post, email or otherwise transmit false or misleading information;
G. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
H. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
I. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
Upon uploading Content, you acknowledge that ArtDotz may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, ArtDotz and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to ArtDotz.
You acknowledge and agree that ArtDotz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of ArtDotz, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable Indian, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Site is not transferable or assignable.
Prices for products on ArtDotz are described on our Site and incorporated into these Terms by reference. All prices are in Indian Rupees. Prices and products may change at ArtDotz discretion. All prices displayed don’t include Taxes or Shipping Charges. For more details please visit our Size and Prices page.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our site. We make reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color of the image(s) you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through our site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. The order cannot be
We are not responsible for underexposed, blurry images of a low quality that are submitted. It is your responsibility to submit images that are suitable for printing.
8. Shipping & Delivery Policy.
All items purchased through ArtDotz are handled by our appointed courier company. The Courier service used for your order will depend on the serviceability of the pin code by our courier partners. We reserve the right to ship partial orders (at no additional cost to you). The estimated delivery time for your order will vary based on the nature of the product and the destination for shipping.
9. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without ArtDotz 's express written consent.
10. Return Policy
If the goods delivered are faulty or have been damaged in transit, then we will exchange the goods free of charge, providing the goods are returned to us within 7 working days from the date of delivery. We will not accept returns for any non-faulty items or for items that have been used. In all circumstances, you must contact us at [email protected]
12. Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by ArtDotz, its advertisers or other third parties, is protected by trademarks, service marks, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to ArtDotz. You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
All brand, product and service names used in this Site which identify Artdotz or third parties and their products are proprietary marks of Artdotz and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Artdotz or any third party with respect to any such image, logo or name. You shall not make any use of any ArtDotz trademarks, logos, or trade dress without prior express and written approval by Artdotz.
The Site may provide, or third parties may provide, links to other websites or resources. Because ArtDotz has no control over such sites and resources, you acknowledge and agree that ArtDotz is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ArtDotz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Disclaimer of Warranties
Except for the express warranties contained in their terms, the products, including all materials incorporated therein, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, ArtDotz, and their affiliates, partners, licensors, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade. Note - applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statements of ArtDotz or any of their affiliates, partners, licensors, sponsors, and agents or third parties, shall create any warranty other than those expressly contained in these terms.
15. Contests and Sweepstakes
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the site or social networking site(s) may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ArtDotz DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
ArtDotz will not be liable to any user or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) The content contained on the site, or (c) any delay or failure in performance beyond the control of the Covered Party.
17. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ArtDotz OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ArtDotz OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ArtDotz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Either you or ArtDotz may terminate your access to the site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any user submitted materials. Upon termination, ArtDotz may delete all information, files and materials related to your account, including any user submitted materials, and you agree that ArtDotz shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, ArtDotz shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.
Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by ArtDotz to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Surendranagar (GUJARAT), India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or ArtDotz may seek any interim or preliminary relief from a court of competent jurisdiction in Surendranagar (GUJARAT), India necessary to protect the rights or property of you and ArtDotz pending the completion of arbitration. Subject to the foregoing, the courts of Surendranagar (GUJARAT), India shall have jurisdiction over any dispute arising hereunder.