Divine Expressions (Pvt.) Ltd., the managing company, through their brand AARTZY, ("AARTZY," "we" or "our") provides services of purchasing and selling Original Works and Own Reproductions commercially exploiting digital images of works of art (the "Service", collectively the "Services") through our website, accessible at www.AARTZY.com (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and AARTZY.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification
AARTZY reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
Account Registration
In order to make a purchase through the Site, (other than users who utilize the guest checkout option), you must first create an account ("Account") by completing our registration process. During the registration process, you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AARTZY reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify AARTZY of any unauthorized use of your Account.
Privacy
See AARTZY's Privacy Policy for information and notices concerning the collection and use of your personal information.
Responsibility
AARTZY will be acting as the independent non-exclusive reseller with the right to promote and sell Original Works through the Site and Services and on third party websites (collectively "Online Sales") and AARTZY holds worldwide, transferable, non-exclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of Original Works and Own Reproductions to Members and visitors of Online and Offline channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of Original Works in any form, medium or technology now known or later developed for the purpose of promoting AARTZY, the Site and Services.
AARTZY will be deemed the seller of any Original Works and Own Reproductions that are purchased via Online Sales Channels. If Original Works and/or Own Reproductions are sold via a third-party website, the terms and conditions of the third-party website will apply to the purchase in question by the applicable purchaser via the third-party website. However, as between you and AARTZY, these Terms will apply to the sale of such Original Work and/or Own Reproductions.
For Original Works and Own Reproductions, AARTZY will provide the purchaser with the order details which includes listing, medium, size and other relevant information pertaining to the purchase and, unless otherwise informed in writing by AARTZY, AARTZY will be responsible for preparing the Original Work and Own Reproductions to be collected to be shipped to the purchaser. AARTZY will be obtaining the services of preferred shippers with whom AARTZY maintains accounts.
AARTZY and/or its third-party service providers will be responsible for the collection of billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or AARTZY's Offline Sales partners will be responsible for the collection of billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between AARTZY and the third party website or AARTZY's Offline Sales partner, as applicable, to AARTZY and share related shipping information, including the contact details of the purchaser where necessary, with AARTZY.
For Original Work without any additional options selected, AARTZY agrees to complete preparation of Original Works subsequent to the confirmation of availability, to be collected by the shipper within 3 - 7 business days following the confirmation of payment (the "Preparation Period). For Original Works, with additional options selected, a further 3 - 4 business days will be required depending on the complexity of the additional option selected.
For Own Reproductions (paintings, sculptures, etc.) without any additional options selected, AARTZY agrees to complete preparation of Own Reproductions, to be collected by the shipper within 10 - 21 business days based on the medium, size and complexity of the Own Reproduction from the time of order. For Own reproductions with additional options selected, a further 3 - 4 business days will be required depending on the complexity of the option selected.
You agree to comply with the terms and conditions of AARTZY's then-current Return Policy that are applicable to any Original Works and Own Reproductions that are sold through the Site and Services.
Purchaser Terms and Conditions
Purchase of Original Works
As a Member, you may purchase Original Works by Creators through the Site and Services. When you purchase such an Original Work through the Site and Services, you are purchasing the work from AARTZY and not from the Creators identified on the listing for such work. Prices for Original Works will be as specified in the applicable listing. You acknowledge that prices include shipping charges but do not include applicable Taxes (defined below) and handling charges, if any, for which you are responsible, which may not be identified on the invoice or your receipt. AARTZY will collect your billing and shipping information and process your payment. The Original Works will be prepared (defined above), to be collected by AARTZY's preferred shippers who will ship the purchased work directly to the purchaser. The terms and conditions of AARTZY's then-current Return Policy applies to any Original Works that you purchase through the Site and Services.
Purchase of Own Reproductions
As a Member, you may purchase Own reproductions by Creators through the Site and Services. When you purchase such an Own reproduction through the Site and Services, you are purchasing the work from AARTZY and not from the Creators identified in the listing for such work. Prices for Own reproductions will be as specified in the applicable listing. You acknowledge that prices include shipping charges but do not include applicable Taxes (defined below) and handling charges, if any, for which you are responsible, which may not be identified on the invoice or your receipt. AARTZY will collect your billing and shipping information and process your payment. The Own reproductions will be prepared (defined above), to be collected by AARTZY's preferred shippers who will ship the purchased work directly to the purchaser. The terms and conditions of AARTZY's then-current Return Policy applies to any Own reproductions that you purchase through the Site and Services.
Order Cancellations
AARTZY reserves the right to cancel any order for Original Works or Own Reproductions placed via the Site and Services if AARTZY determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If AARTZY cancels an order placed via the Site and Services, AARTZY will send the purchaser an email confirmation of such cancellation and the purchaser will not be charged for the cancelled order.
Additional information regarding cancellations is highlighted in detail in Return and Cancellation Policy which applies any Original Works and Own Reproductions that are sold through the Site and Services.
Transaction Restrictions
If a Member desires to purchase an Original Work or Own Reproductions of a Creator, which was sourced through the Site and Services, he/she may not have sought or purchase such Original Works or Own Reproductions from such Creator independent of the Site and Services.
Taxes
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. Dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or other similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes").
Purchasers of Original Works and Own Reproductions will acknowledge that AARTZY will not be adding Taxes to the amounts charged in the purchase invoice. When required or when allowed to do so, the shipper will be settling the applicable Tax amounts when clearing the item and handling fees (if and when applicable) which will be payable by the Purchaser on collection. Each party will be responsible for complying with any and all obligations imposed on it, under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Color
Purchasers will understand and agree that AARTZY uses commercially reasonable efforts to display the colors of Original Works and Own Reproductions accurately via the Site and Services. However, because individual computer monitors may display colors differently, AARTZY is not responsible for the color accuracy of any Original Works or Own Reproductions displayed on the Site and Services and disclaims all liability in this regard.
Feedback
AARTZY welcomes and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). Members may submit Feedback by emailing AARTZY at support@aartzy.com Members acknowledge and agree that all Feedback will be the sole and exclusive property of AARTZY and Members hereby irrevocably assign to AARTZY and agree to irrevocably assign to AARTZY all of Member right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At AARTZY's request and expense, Members will execute documents and take such further acts as AARTZY may reasonably request to assist AARTZY to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
Member Content
In addition to submitting listings for Original Works and Own Reproductions, AARTZY may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Site (individually or collectively, "Member Content"). "Member Content" should exclude any images of Original Works or Own Reproductions which contradicts with already published listings, as described under "Seller Terms and Conditions" above. AARTZY does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant AARTZY a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting AARTZY, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member's authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.
Members acknowledge and agree that you Members are solely responsible for any Member Content made available on or through the Site. Members represent and warrant that: (i) Members are the sole and exclusive owner of all Member Content made available on the Site or that Members have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor the making available of any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
AARTZY Content
AARTZY may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "AARTZY Content"), some of which is owned by AARTZY ("AARTZY Owned Content"). AARTZY authorizes Members to download, view and print AARTZY Owned Content solely for Member personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms.
General Prohibitions
You agree not to do any of the following:
AARTZY will have the right to investigate and prosecute violations of any of the above to the fullest extent of laws of the operating country. AARTZY may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AARTZY has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AARTZY reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works or Own Reproductions, AARTZY Content or any other text, graphics, images, software, music, audio, video, information or other content or material that AARTZY, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Sweepstakes and Contests
AARTZY may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about AARTZY's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Ownership
The Site, Services and AARTZY Content are protected by copyright, trademark and other laws of the operating country and foreign countries. Except as expressly provided in these Terms, AARTZY exclusively own all right, title and interest in and to the Site, Services and AARTZY Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or AARTZY Content.
Copyright Policy
AARTZY respects the copyright law and expects its users to do the same. It is AARTZY's policy to terminate in appropriate circumstances of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see AARTZY's Copyright Policy for further information.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that AARTZY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AARTZY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If these Terms are breached, AARTZY have the right to suspend or disable any Member account or terminate these Terms, at its sole discretion and without prior notice to you. AARTZY reserves the right to revoke any Member access to and use of the Site, Services, AARTZY Content and Member Content at any time, with or without cause. In the event AARTZY terminates these Terms for the breach, Members will remain liable for any amounts due hereunder. Members may cancel your Account at any time by sending an email to support@aartzy.com.
Disclaimers
THE SITE, SERVICES, AARTZY CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AARTZY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AARTZY MAKES NO WARRANTY THAT THE SITE, SERVICES, AARTZY CONTENT OR MEMEBR CONTENT WILL MEET THE REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AARTZY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AARTZY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MEMBERS ARE SOLELY RESPONSIBLE FOR ALL OF THE COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM MEMBERS COMMUNICATE OR INTERACT AS A RESULT OF THE USE OF THE SITE OR SERVICES. MEMBERS UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AARTZY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS, CREATORS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES AARTZY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. AARTZY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. MEMBERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM THEY COMMUNICATE OR INTERACT AS A RESULT OF THE USE OF THE SITE OR SERVICES, PARTICULARLY IF THEY DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
Members agree to defend, indemnify, and hold AARTZY, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Member's access to or use of the Site, Services, AARTZY Content or Member Content, or member violations of these Terms.
Limitation of Liability
Members acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Member's access to and use of the Site, Services, AARTZY Content and Member Content remains with the Member. Neither AARTZY nor any other party involved in creating, producing, or delivering the Site, Services, AARTZY Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, AARTZY Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom Members communicate or interact as a result of the use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AARTZY has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will AARTZY's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, AARTZY Content or Member Content exceed a Member who has purchased Original Works or Own Reproductions, the total payments that a Member has made to AARTZY for the Original Works or Own Reproductions that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AARTZY and the Member. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Member.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AARTZY used herein are trademarks or registered trademarks of Divine Expressions (Pvt.) Ltd. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the operating country without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the magistrate and supreme courts located in the operating country and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between AARTZY and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between AARTZY and you regarding the Site and Services.
Assignment
Members may not assign or transfer these Terms, by operation of law or otherwise, without AARTZY's prior written consent. Any attempt by any member to assign or transfer these Terms, without such consent, will be null and of no effect. AARTZY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by AARTZY via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of AARTZY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AARTZY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting AARTZY
In case of any questions about these Terms, please contact AARTZY at support@aartzy.com.
