TERMS OF USE & SERVICE
- This Terms of Service (“TOS”) is a legally binding agreement made by and between us. artdomindia.com(“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). This TOS governs your use of us. Artdom website (“Web Site”) and the services we offer on the Web Site (“Services”), so please read it carefully.
- by accessing or using any part of the website, you agree that you have read, understand, and agree to be bound by this TOS. if you do not agree to be so bound, do not access or use the website.
- Internet technology and the applicable laws, rules, and regulations change frequently. accordingly, we reserve the right to make changes to this TOS at any time. your continued use of the website constitutes assent to any new or modified provision of this TOS that may be posted on the website.
1. USING THE WEB SITE.
- Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with us.artdomindia.com wherein you, the consumer purchase one of the products found on the Web Site.
- Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations, and rules when you use the Web Site.
- license and restrictions. subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the website in the normal course of your use of the website. you may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. the website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. you will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the website, except as expressly set forth in this TOS. you may not attempt to reverse engineer any of the technology used to provide the services.
prohibited conduct. in your use of the website and the services, you may not: - (i) infringe any patent, trademark, trade secret, copyright, right of publicity, or another right of any party;
- (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the services, the website, or any websites linked to the website;
- (iii) interfere with or damage the website or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology;
- (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the website, or create or use a false identity;
- (v) attempt to obtain unauthorized access to the website or portions of the website that is restricted from general access;
- (vi) engage, directly or indirectly, in the transmission of “spam,” chain letters, junk mail, or any other type of unsolicited solicitation;
- (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the website or the services;
- (viii) use any meta tags or any other “hidden text” utilizing the artdomindia.com name, trademarks, or product names;
- (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the website;
- (x) engage in any activity that interferes with any third party’s ability to use or enjoy the website or services; or
- (xi) assist any third party in engaging in any activity prohibited by this TOS.
other users. if you become aware of any conduct that violates this TOS, we encourage you to contact customer service. we reserve the right but will have no obligation, to respond to such communications.
2. YOUR CONTENT.
- License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS).
3. ACCURACY OF INFORMATION
- We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions and reserve the right to:
- (i) revoke any offer stated on the Web Site;
- (ii) correct any errors, inaccuracies, or omissions; and
- (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.
4. SALES TAX.
- If you purchase any products available on the Web Site (“Products”), you will be responsible for paying any applicable sales tax indicated on the Web Site. errors and omissions, and reserve the right to:
- (i) revoke any offer stated on the Web Site;
- (ii) correct any errors, inaccuracies, or omissions; and
- (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.
5. FRAUD.
- We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, at our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
6. INTELLECTUAL PROPERTY RIGHTS.
- Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
Trademarks. artdomindia.com is a trading name we own. The related design marks and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons, and scripts are trademarks or trade dresses we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
7. THIRD PARTY WEBSITES.
- artdomindia.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or another third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
8. LINKING AND FRAMING.
- You may not deep link to portions of the Web Site, frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.
9. COMMENTS.
- All comments, feedback, suggestions, ideas, and other submissions that you disclose submit, or offer to us in connection with your use of the Web Site will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence;
- (ii) to pay to you or any third party any compensation for any Comments; or
- (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
10. INDEMNIFICATION.
- You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs, and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service,
- (b) your use of the Service,
- (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or
- (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
artdomindia.com has endeavored to ensure that all the information on the Website is correct, but artdomindia.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall artdomindia.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting therefrom.
Neither shall artdomindia.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services. Further, artdomindia.com shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond artdomindia.com’s control.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
12. GOVERNING LAW:
- These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.
13. SEVERABILITY:
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
14. PRICING:
- Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products, and Services may change at artdomindia.com‘s discretion.
15. SHIPPING:
- Title and risk of loss for all products ordered by you shall pass on to you upon artdomindia.com’s shipment to the shipping carrier. For international orders, shipping charges may differ according to the location of delivery and the weight of the item/s to be shipped.
Our standard ground mail service is via USPS, Bluedart, FedEx, Delhivery & Ecom Express. We aim to send packages out the same day for all orders placed before 1 PM Pacific Standard Time and the next day for all orders placed after 1 PM Pacific Standard Time. Packages will arrive within 3-7 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. Shipping fees apply to all applicable one-time and recurring orders.
