TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service carefully. It sets forth the legal rights and obligations and by using the Service (as defined below), you are agreeing to be bound by these Terms and Conditions of Service.
This Web-site is owned, controlled and operated by Kyle Design Ventures (hereinafter “The-Artist”), a Sole Proprietorship registered as per the Laws of India, bearing registration No. A4-11212/2018-19-556. The-Artist offers this Web-site which provides for the sale and shipping of high-quality Product(s) as well as artwork. It is meant only for the sale of such Product(s), artwork and allied articles, and not for any other purposes.
“Affiliates” shall mean all sister companies of The-Artist as well as business partners, subsidiaries and clients of The-Artist.
“Applicable Laws” shall mean all applicable statutes, laws, rules, regulations, orders, circulars, notifications and directions issued by any statutory authority, within the Union of India.
“Buyer” shall mean the Verified User who intends to or has completed a Transaction with The-Artist
“Grievance Officer” shall mean the officer appointed by The-Artist to handle matters with regard to Information and its use.
“Made To Order Products” shall mean those Products on the Web-site which are modified and personalized to the Buyer’s specifications, including framed artwork.
“Product(s)” shall mean the Product(s) for sale on the Web-Site such as clothing, shoes, bags, wallets, sunglasses, and other such accessories for men and women such as well as books, stationery, homewares, decors, toys and artwork.
“Verified User” shall mean a User who has registered himself/herself on the Web-site, providing necessary information
“Service Providers” shall mean any third-party service provider engaged by The-Artist for the purpose of providing services
“Transaction” shall mean online offers, acceptances of sale made and/or entered into by the User.
“User” shall mean members and registrants of the Web-Site
“Viruses” shall refer to any malware, spyware, cancelbots, trojans, time bombs and any such Web-Site which may place itself without permission or knowledge of The-Artist within the Web-Site
“Website” shall refer to The-Artist’s website lactated at www.theartist.me
- SCOPE OF TERMS & CONDITIONS
1.1 Unless otherwise indicated, these Terms and Conditions of Service apply to (i) your use of and/or access to the Web-site of The-Artist and (ii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and Product(s) provided by the Web-site which shall include all orders placed by you in relation to the Product(s) and services offered on the Web-site. (collectively, the “Services”).
1.3 Do not use the Web-site unless you intend to be bound by these Terms and Conditions. If you fail to comply with these Terms and Conditions, we can at any time restrict you from accessing the Web-site.
1.4 It shall be considered a breach of these Terms & Conditions to do any of the following:-
(a) To enter wrong data while using the Website;
(b) To disclose anyone else’s data, without their consent;
(c) To take screenshots of the output from the Web-site, and share it anywhere else, without the consent of The-Artist;
(d) To copy or plagiarize art works or any other form of intellectual property available on the Web-site, for commercial, personal or any other such use
(e) To violate any of the other Terms & Conditions enumerated below.
- AGREEMENT AND ACKNOWLEDGEMENT
2.1 User Agreement. By using the Website, you accept these Terms and Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
2.2 Changes to Terms and Conditions: From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon our sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Web-site or otherwise using any of the Services following the date in which such Additional Terms become effective.
3.1 We do not permit individuals under 18 years of age to become registered users of the Web-site. By using the Web-site, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms and Conditions and to abide by the terms and conditions of these Terms and Conditions.
3.2 If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and Conditions and you have the authority to bind that business entity to this Terms and Conditions.
- USER ACCOUNT AND SECURITY
4.1 In connection with your use of certain features of the Website, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Web-site will be current, complete and accurate. As a Verified User of the Web-site, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify The-Artist immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
4.2 You are also entirely responsible for any and all activities which occur under your user account. The-Artist will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.
4.3 You agree not to create an account on behalf of someone else or create a false or misleading identity on this Web-site.
- CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM THE-ARTIST AND ITS AFFILIATES/SERVICE PROVIDERS:
5.1 Legal Communications. We may send the following to you by email or post them on the Web-site:
5.2 Service Announcements. In using the Web-site, you may receive periodic electronic communications from The-Artist regarding the Web-site, such as new Product(s) offers and other information regarding the Web-site, which are part of the Web-site and which you cannot opt out of receiving.
5.3 Promotional Communications. You may also receive periodic promotions and other offers, or materials The-Artist believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
- SALE OF GOODS AND SERVICES
6.1 Placing an Order:
6.1.1 Only Verified Users shall be eligible to make Product(s) purchases and complete Transactions.
6.1.2 All Product(s) displayed on the Web-site shall be sold at the quoted price in the INR currency (Indian National Rupee). The said quoted price shall include the cost of the Product(s) and Services, shipping and handling charges and the applicable taxes as per the Applicable Laws.
6.1.3 By placing an order on the Web-site the Verified User constitutes an irrevocable acceptance of the purchase. Unless cancelled by The-Artist due to any prior or continuing breach by the Verified User, such acceptance shall result in an enforceable contract of sale.
6.1.4 If the Buyer wishes to inspect the physically view the Product(s) before or after the purchase of the Product(s), the Buyer may do so by making a request to The-Artist by e-mail. Based on the value of the order, proximity of the Buyer and other factors, The-Artist shall either deny or accept such request made. The-Artist shall have no obligation to accept such requests made. Any expenses borne by the Buyer in pursuance of the same shall not be refunded by The-Artist.
6.2.1 The-Artist engages the most secure payment gateways as its Service Providers. The-Artist shall not be held liable for any delays/non-payment of monies by third Party Service Provider to the Buyer under any circumstances.
6.2.2 The information provided during registration or amended at the time of placing the final order shall be the final billing address and shipping address for delivery of the Product(s).
6.2.3 All invoices will be raised by The-Artist based on the registration information provided by the Buyer at the time of making the purchase
6.2.4 All sales shall be against full and complete payment of the Product(s) value.
6.2.5 Your billing details must conform with your credit card/ debit card statements so as to ensure your bank can verify and authorize the payment.
6.2.6 You shall be responsible for paying all fees/costs/charges associated with the use of the Web-site to purchase Product(s) and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
6.2.7 The-Artist reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your usage/registration of the Web-site and refuse to provide you with access to the Web-site in case of non-payment of fee by you to The-Artist. The-Artist shall have the right to initiate any form of legal proceedings it deems fit to recover the same.
6.2.8 In addition to the above-mentioned payment options, The-Artist shall also provide an option for the Buyer to pay for the Product(s) in the form of cash (“Cash on Delivery”). The said option shall be provided to the Buyer through a third-party Service Provider. The said third-party Service Provider shall be authorized to collect money on behalf of The-Artist.
6.2.9 In addition to the above payment methods, The-Artist shall also provide the option of payment to the Buyer through e-wallet/net banking platforms, through third-party Service Providers.
6.2.10 While availing any of the payment methods available on the Web-site, The-Artist shall not be responsible and shall not assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the
User due to the following reasons:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by the User and the User’s bank
(c) Any payment issues arising out of the Transaction
(d) Decline of Transaction for any other reason/s
6.2.11 The-Artist shall not be held liable for any for any delays or losses cause by such third-party Service Providers. Further, Buyers shall not hold The-Artist liable for any loss, injury or damages caused by virtue of the Buyer using third-party Service Providers. The-Artist merely provides the option of completing Transactions through the said third-party Service Providers, and any issue arising from the use of the platforms of the said Service Providers, shall be taken up by the Buyer directly with the Service Provider. By proving these payment facilities, The-Artist is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the price paid by the Buyer for the Product(s) or Services.
6.2.12 The Buyer shall complete all necessary ‘Know Your Customer’ compliances as per the Applicable Law before completing any Transactions. Buyer shall also provide adequate identification documents as required by The-Artist as and when requested for by The-Artist.
6.2.13 Use of the above-mentioned third-party Service Providers shall not under any circumstances render The-Artist liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties as regards the Product(s) and Services.
6.2.14 The-Artist shall also from time to time issue coupons and discount certificates (“Coupons”) to the Users. Such Coupons shall be used by the User as per the rules specified by The-Artist. The User shall not use the Coupons in any illegal manner so as to defraud The-Artist.
6.2.15 Buyer’s arrangement with Buyer’s issuing bank:
All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure facilitated by a third-party Service Provider, and the same will also be governed by the terms and conditions agreed to between the User or Buyer and the respective issuing bank and payment instrument issuing company.
6.3.1 The-Artist shall take reasonable care in ensuring that all Product(s) including art work are securely packed and shipped in protective containers.
6.3.2 Unframed and un-mounted art work shall be shipped in protective cylinders.
6.4 Delivery of Product(s):
6.4.1 The-Artist has ensured that trusted Service Providers are engaged for the handling and shipping of the Product(s). Delivery of Product(s) shall take a minimum of  to  working days for all orders. The delivery time may vary due to the size and specification of the order. The Buyer shall be intimated of the same in the event that the Product(s) will be delivered post the delivery date. In such event, the Buyer shall not hold The-Artist liable in any form for such delay. The Buyer shall be provided with the necessary information to track the progress of delivery of the Product(s) by the Service Provider engaged for the same.
6.4.2 The-Artist shall not be held responsible for any delay or failure to comply with obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
6.4.3 The-Artist offers delivery to any address in India, but in the unlikely scenario that your address in unserviceable, a member of our team will get in touch as soon as possible to let you know and offer a full refund.
6.4.4 The-Artist is in no way liable for the condition of the Product(s) at any point during the transit/delivery process. Should there be any damage to the Product(s) in transit, the Buyer should not accept the parcel and should notify The-Artist immediately. Product(s) received in an unsatisfactory condition by the Buyer may be returned to The-Artist in the specified address, within  working days in an ‘as is’ condition of order receipt in the original packaging along with a copy of your invoice or order acknowledgment. The Buyer shall bear the cost of returning the Product(s) and the original delivery charge shall not be refunded in the event that the Product(s) is returned.
6.4.5 Cost of delivery shall be borne by The-Artist. However, any charges that are incurred by The-Artist in delivering the Product(s) other than the standard shipping through The-Artist’s Service Providers, shall be reimbursed by the Buyer.
6.4.6 In the event that the Buyer is unavailable during the time of delivery, the Product(s) will be returned to The-Artist. The Buyer shall make the necessary arrangements to have the returned Product(s) collected from a location of The-Artists’s choosing, within a period of 60 days, after which the Product(s) shall stand forfeited to The-Artist.
6.5 Cancellations and Refunds:
6.5.1 If the Buyer receives a damaged Product(s), the Buyer must send an e-mail to The-Artist at its specified address, within 24 hours. The Buyer must provide proof of damage such as photographs. Upon receiving intimation from The-Artist that it is satisfied the said damage is due to the fault of The-Artist, the Buyer must deliver the Product(s) to The-Artist. Only in the event that the damage is genuine, The-Artist shall either refund the monies paid for the Product(s) or replace the Product(s). The-Artist shall bear the cost for returning the said Product(s), as well as shipping the new Product(s).
6.5.2 If the returned Product(s) is accepted by The-Artist, The-Artist will post a credit to the Buyers account within 7 – 14 business days from the date that The-Artist receives the Product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
6.5.3 Besides damaged Product(s), no other Product(s) will be accepted on return by The-Artist.
6.5.4 As some of the Products sold on The-Artists are hand-made, no complaints with regard to the Products not matching digital renderings on the Web-site will be entertained. The-Artist shall take utmost care to ensure that all Products match the digital renderings of the same on the Web-site. No personalized or modified Product(s) will be accepted on return.
6.5.5 Reimbursements shall be made by issuing a refund to the very same bank account from which the Transaction was made. The-Artist shall not be held liable for any delay in transfer of monies to the Buyer.
6.6.1 The Buyer may choose to return Product(s), within 7 days of the Product(s) being delivered to the Buyer, on the condition that the Product(s) is in the same ‘new’ condition and is in its original packaging. Upon the Product(s) being accepted by The-Artist, the Buyer may choose to exchange the product for another Product up to the same value. Returns will not be accepted on Made To Order Products.
6.6.2 The return is limited to one cycle of return and exchange per order. As such, prints purchased using store credit will not be eligible for exchange. We are unable to offer any exchanges or refunds on sale items.
- LIMITED LICENSE
7.1 Subject to your continued compliance with the Terms & Conditions, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use the Website. Your use is limited for your personal, noncommercial use only.
7.2 The Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of The-Artist.
7.3 Furthermore, except for the limited rights granted in this clause, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Website or any software or technology included in or used or distributed by The-Artist to provide the Services.
7.1 BLOG CONTENT
- The blog content and articles stated under the magazine section in Artist is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
- Permission is granted to temporarily download one copy of the materials (information or software) on THE ARTIST’s web site for personal, non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on THE ARTIST’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by THE ARTIST at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not (and/or will not use the Web-site, and/or any part of our Services to):
a. Upload, post, email or otherwise transmit any content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
(v) are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(vii) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(viii) contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
a. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
b. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
c. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent or representative of The-Artist our Affiliates and Service Providers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with The-Artist, our Affiliates and Service Providers or any other person or entity;
d. Provide false, misleading or inaccurate information to The-Artist
e. Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms and Conditions, create an account on behalf of someone else, or create a false or misleading identity on the Services;
f. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
g. Attempt to probe, scan or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization;
h. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the or the Website;
j. Interfere with or disrupt the Website or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the or Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of the Website;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including usernames or passwords;
n. Access or attempt to access another user’s account without his or her consent;
o. Reverse engineer, disassemble or decompile the or Website, or attempt to discover or recreate the source code for the Website or any portion of the Services; or
p. Assign, transfer or sublicense your rights as a registered user of the Website.
Your privilege to use the Websites depends on your compliance with the community standards and conduct guidelines set forth above. The-Artist may revoke your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms and Conditions, The-Artist may terminate, in its sole discretion, your use of, or participation in the Services, or access to the Web-site. Any violation of this section may subject you to civil and/or criminal liability.
- DISCLAIMERS OF WARRANTIES
9.1 KYLE DESIGN VENTURES, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCT(S), OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER THE-ARTIST, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEB-SITE OR ANY FUNCTION CONTAINED IN THE WEB-SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB-SITE OR THE SERVERS THAT MAKE THE WEB-SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.2 ANY PRODUCT(S), OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT(S), OFFERING, CONTENT OR MATERIAL.
9.3 NEITHER THE-ARTIST, NOR ANY OF ITS AFFILIATES OR SERVICE PROVIDERS, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, BUSINESS CUSTOMERS, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT(S), OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
9.4 NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE PERSONNEL OF THE-ARTIST OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
9.5 THOUGH THE-ARTIST HAS TAKEN ALL EFFORTS TO ENSURE THAT THE WEB-SITE MAY BE USED IN AN UNINTERRUPTED MANNER, THE-ARTIST IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING OR ACCEPTANCE OF ANY ASPECT OF A SALE.
9.6 WHERE THE-ARTIST PROVIDES LINKS TO THIRD PARTY INTERNET SITES, NO REPRESENTATIONS OR ENDORSEMENTS ARE MADE IN CONNECTION WITH SUCH SITES. THE-ARTIST IS NOT LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM USE OF SUCH SITES. USERS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE SAID THIRD PARTY SITES THEY CHOSE TO ENTER.
9.7 ARTISTIC WORKS AVAILABLE ON THE-ARTIST, MAY FROM TIME TO TIME CONTAIN GRAPHIC RENDERINGS OF AGE-APPROPRIATE CONTENT. SUCH CONTENT ARE MERELY WORKS OF ARTIST AND CONSTITUTE ARTISTIC EXPRESSION AND ARE NOT MEANT TO HURT ANY MORAL OR RELIGIOUS SENTIMENTS.
10. LIMITATION OF LIABILITY
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE-ARTIST, ITS AFFILIATES AND SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE , (C) 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 SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
10.2 YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE-ARTIST, ITS AFFILIATES AND SERVICE PROVIDERS AND ANY OF THE-ARTIST’S AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
10.4 THE MAXIMUM LIABILITY OF THE-ARTIST, ITS AFFILIATES AND SERVICE PROVIDERS, AND ITS RESPECTIVE LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, FOR AVAILING THE SERVICES.
- INTELLECTUAL PROPERTY
11.1 Software: You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of The-Artist. Furthermore, you acknowledge and agree that the source and object code of the and the Web-site and the format, directories, queries, algorithms, structure, and organization of the and Web-site are the intellectual property and proprietary and confidential information of The-Artist, its Affiliates and Service Providers. Except as expressly stated in these Terms and Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms and Conditions are hereby reserved and retained by The-Artist.
11.2 Trademarks: [The-Artist], the Artist logo (collectively, the “The-Artist Marks”) are trademarks or registered trademarks of KYLE DESIGN VENTURES. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, or in other content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms and Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the The-Artist Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill of the The-Artist Marks generated as a result of your use of the Services will inure to the benefit of The-Artist, and you agree to assign, and hereby do assign, all such goodwill to The-Artist. You shall not at any time, nor shall you assist others to, challenge The-Artist’s right, title, or interest in or to, or the validity of, the The-Artist Marks.
11.3 Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the Kyle Design logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned solely by Kyle Design Ventures.
11.4 Product(s): Intellectual rights to all Product(s) including artwork shall be retained by The-Artist. The-Artist reserves the right to initiate any form of legal action against those Buyer’s who copy, duplicate or violate the intellectual property rights of The-Artist. The Buyer who violates such rights shall completely indemnify The-Artist for all losses and damages suffered by The-Artist.
- TERM AND TERMINATION
12.1 Termination: These Terms and Conditions will continue to be in full force and effect while you use our Services (including being a part of the Promotional activities of The-Artist). We may terminate your use of, or access to, the Service in accordance with these Terms and Conditions.
12.2 Survival: Termination of these Terms and Conditions automatically terminates all rights and licenses granted to you under these Terms and Conditions, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, governing law and venue).
13.1 The-Artist may amend these Terms and Conditions from time to time. The-Artist shall notify the User of Amended Terms. Upon agreeing to the said Amendment Terms, the User may continue using the Website immediately.
- GOVERNING LAWS AND DISPUTE RESOLUTION
14.1 These Terms and Conditions shall be governed by the Laws of India and the Courts situated in Kollam shall have the exclusive jurisdiction over the same. In the event of a dispute arising between the User and The-Artist and the same not being amicably settled within a period of 30 days from it arising, it shall be referred to arbitration before a sole arbitrator appointed by The-Artist.
15.1 The-Artist shall hold promotional competitions from time to time (“Competitions”). Such Competitions shall be governed by these Terms and Conditions as well as the rules published by The-Artist during the time of the announcement of the Competition (“Competition Rules”).
15.2 The-Artist shall set the said Competition Rules and shall award prizes to Users at its sole discretion. No complaints regarding Competitions will be entertained by The-Artist. The-Artist shall be the sole authority or the said Competitions.
15.3 Users shall be given prizes as specified by The-Artist. Any prizes given to Users in the form of cash/monies shall be given after deducting the necessary taxes as per Applicable Laws.
If you any questions or grievances please send a note to hello-at-theartist.me