Terms and Conditions - ARTOFJO.COM

THE AGREEMENT: The use of this websitewww.artofjo.com and services on this website provided by Jyoshna Devi Gada (hereinafter referred to as “Artist”) are subject to the following Terms and Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and Art pieces sold on this Website (“Services”).

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Artist: The Artist, as the creator, operator, and publisher of the Website, owns the website, and Art exhibited on the website, available to users. Jyoshna Devi Gada, Artist, us, we, our, ours and other first-person pronouns will refer to the Artist.

b) You, the Buyer, the Client: You, as the Buyer of the Art Pieces available on the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or Client.

c) Parties: Collectively, the parties to this Agreement (the Artist and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website. The Artist only agrees to provide use of this Website and Services to you if you assent to this Agreement.

3) LICENSE TO USE WEBSITE

The Artist may provide you with certain information as a result of your use of the website. Such information may include, but is not limited to, Arts in the form of various kind of Paintings on canvas and wood using acrylic, oil, sketch and pastel color’s developed by the Artist, and other materials which may assist in your use of the website or Services (“Artist Materials”). Subject to this Agreement, the Artist grants you a non-exclusive, limited, non-transferable and revocable license to use the Artist Materials solely in connection with your use of the Website for making purchases. The Artist Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or at the termination of this Agreement.

4) INTELLECTUAL PROPERTY

You agree that the Website and all and all the Art Pieces in any form exhibited on the website are provided by the Artist and they are the exclusive property of the Artist, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Artist IP”). You agree that the Artist owns all right, title and interest in and to the Artist IP and that you will not use the Artist IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Artist IP in any way, including electronically or via registration of any new trademarks, trade names, or Uniform Resource Locators (URLs), without express written permission from the Artist.

5) COPYRIGHT AND OWNERSHIP

a) The Artist sells certain Art Piece to the Buyer who will be the nonexclusive owner and will have limited non-exclusive rights in relation to the Art Piece, and all the creativity used.

b) The Art Piece by the Artist is delivered to the Buyer after the purchase on the website through the courier service.

c) The Buyer shall have the non exclusive right in the Art Piece to edit or modify the delivered Art Piece for their own use only. However, the Buyer is not permitted to market, sell, distribute or exhibit the modified or original Art Piece through any medium without the prior written consent of the Artist.

d) The Artist shall retain full right in the Art Piece to manufacture, distribute, market, and sell the completed work as she deem necessary, and the aforementioned rights are not provide to the Buyer.

e) With the sale and delivery of the Art Piece, the Artist hereby releases non exclusive rights and the Buyer does accept the non exclusive ownership. The Buyer does not hold any right to reproduce, modify, sell, prepares derivate work, distribute, and/or display the Art Piece. The Buyer does not hold any exclusive rights in and to the Art Piece, and the unconditional ability to use and exploit the Art Piece belongs exclusively to the Artist.

f) All right are reserved to the Artist, the Art Piece may not be reproduced, distributed, or transmitted in any form or by any means by the Buyer without the prior permission of Artist.

6) ACCEPTABLE USE

You agree not to use the Website and any Art Pieces on it for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Artist.

a) You further agree not to use the Website or Services:

I) To harass, abuse, threaten or otherwise violate any person’s legal rights.

II) To violate any intellectual property rights of the Artist or any third party.

III) To perpetrate any fraud.

IV) To publish or distribute any obscene or defamatory material.

V) To publish or distribute any material that incites violence, hate, or discrimination towards any group.

VI) To unlawfully gather information about others.

7) SALES

The Artist sells here Art Pieces of various forms on the Website. The Artist undertakes to be as accurate as possible with all information regarding the Art Pieces, including descriptions and images. However, the Artist does not guarantee the accuracy or reliability of any Art Piece, and you acknowledge and agree that you purchase such Art Piece at your own risk.

8) SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any Art Piece you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a Art Piece, You agree to provide us with a valid Name, email and shipping address and Phone number, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Art Piece. You agree to ensure payment for any Art Piece you may purchase from us, and you acknowledge and affirm that prices are subject to change. For the sale of any Art Piece, the payments can be done through various electronic payment options available like Google Pay, UPI QR code, Credit or Debit cards.

Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at email address [email protected].

No Return or Refund policy is applicable to the art pieces once sold.

9) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

10) DATA LOSS

The Artist does not accept responsibility for the security of your details. You agree that your use of the website is at your own risk.

11) INDEMNIFICATION

You agree to defend and indemnify the Artist and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your purchase and use or misuse of the Website, Your breach of this Agreement, or your conduct or actions.

12) SPAM POLICY

You are strictly prohibited from using the Website or any of the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

13) MODIFICATION & VARIATION

The Artist may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Artist has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the bottom of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

c) In the event that you fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

14) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

15) SERVICE INTERRUPTIONS

The Artist may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Artist shall have no liability for any damage or loss caused as a result of such downtime.

16) TERM, TERMINATION & SUSPENSION

The Artist may terminate this Agreement with you at any time for any reason, with or without cause. The Artist specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Artist, failing to comply with applicable laws or other legal obligations, and/or breach of any clause of this Agreement. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

17) NO WARRANTIES

You agree that your use of the Website is at your sole and exclusive risk and that any Art Piece provided by us are on an “As Is” basis. The Artist hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Artist makes no warranties that the Art Piece will meet your needs or that the website will be uninterrupted, error-free, or secure. The Artist also makes no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to you, through your use of the website, or as a result of loss from your purchase on the website is your sole responsibility and that the Artist is not liable for any such damage or loss.

18) LIMITATION ON LIABILITY

The Artist is not liable for any damages that may occur to you as a result of your use of the website, to the fullest extent permitted by law. The maximum liability of the Artist arising from or relating to this Agreement is limited to the greatest of the price of the Art Piece purchased from the website. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19) GENERAL PROVISIONS

a) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Andhra Pradesh India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Artist, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the jurisdiction of the courts of West Godavari district Andhra Pradesh India.

b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Artist, the rights and liabilities of the Artist will bind and inure to any assignees, administrators, successors, and executors.

c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

d) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision; waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

g) FORCE MAJEURE: The Artist is not liable for any failure to perform or process the delivery of the Art Pieces due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

h) COMMUNICATIONS: Communications may be done between both Parties under this Agreement, including e-mail calls. For any questions or concerns, please email us at: [email protected]. Or call us at +917569598284

Effective Date: September 19th, 2020