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DISCLAIMER & TERMS AND CONDITIONS OF USE

These terms and conditions of use shall govern your use of the site www.Art4All.com, and all other URLs forming part thereof (hereinafter referred to as "the Sites"). The Site is owned and managed by Art4All a company functioning as per Indian laws (hereinafter referred to as "us or we" in the first person and "Art4All" wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between you and us, the users of the Site.

MODIFICATION OF THESE TERMS OF USE
Art4All reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges, if any, associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites.

LINKS TO THIRD PARTY SITES

The Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Art4All and Art4All is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Art4All is not responsible for webcasting or any other form of transmission received from any Linked Site. Art4All is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Art4All of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to Art4All that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

MATERIALS PROVIDED TO ART4ALL OR POSTED ON THE SITES

Art4All does not claim ownership of the materials you provide to Art4All (including registration data, feedback and suggestions) or post, upload, input or submit to any of the Sites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Art4All and its affiliated companies permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Art4All agrees that it shall not use or sell user identifiable data contained in the Submissions. However, Art4All has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that Art4All deems fit.






SOFTWARE AVAILABLE ON THE SITES
Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Art4All and/or its suppliers. Art4All hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Art4All and/or its respective suppliers may make improvements and/or changes in the sites at any time. Advice received via the sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Art4All and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the sites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Art4All and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Art4All and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the sites, or otherwise arising out of the use of the sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Art4All or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the sites.

TERMINATION/ACCESS RESTRICTION

Art4All reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice.

GENERAL

These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art4All as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art4All with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Art4All with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Sites are copyright protected in favor of Art4All and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of Art4All or its associated companies. Any rights not expressly granted herein are reserved.

PAYMENTS
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.
PRIVACY POLICY
• Art4All strongly believes in the security of your privacy. This principle guides everything that we strive to achieve.
• Your information is completely private and confidential with Art4All.
• Any information you provide as a registered user is never shared with any individual or third party unless you explicitly inform us to do so.
• The information you provide to Art4All is only used by us to serve your needs better and make your experience at our web site more enjoyable.

We are committed to protecting and safeguarding your privacy on-line. Please contact us at info@Art4All.com if you have any questions.
























TERMS AND CONDITIONS FOR SALE
These terms and conditions are applicable only to the sale of fixed-price artworks on the Art4All site, and not to auction works.
For terms and conditions related to a specific auction, please check the conditions for sale for that auction.

General terms
1. The artworks made available for sale on the Website may not always be in the physical possession of Art4All and may be physically located anywhere in the world.
2. All artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the buyer. The price of the artwork listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the artwork as well as the shipping address provided by the buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks.
3. The buyer agrees that the buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the artwork.
4. All invoices will be raised by Art4All based on the registration information provided by the buyer or amended at the time of finalizing a purchase and payments will be accepted only from the buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
5. Placing an order on www.Art4All.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Art4All within 2 working days on account of a default by the seller or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Art4All (acting as the agent of the Seller) and the buyer.
6. Once an order is placed on Art4All the buyer is required to make payment for the price of the artwork as well as the charges referred to above within 7 working days from the date of placing the order. In the event that Art4All does not receive payment within 7 working days Art4All reserves the right to cancel the order without prior notice to the buyer. Alternately, and without prejudice to the foregoing, Art4All may, at its absolute discretion, hold the artwork for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
7. The artworks will be delivered / shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Art4All are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the buyer chooses to himself collect the artworks from Art4All he must do so within two weeks of Art4All receiving the payment. In the event that the artworks are not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Art4All.
8. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
9. Art4All is authorized by the Sellers to exercise complete discretion in (i) the illustration and descriptions of artworks for viewing and sale and (ii) acceptance or rejection of orders received.
10. All artwork displayed on the Website is supported by an authenticity guarantee from the Seller. Based on this, Art4All will issue a specific authenticity guarantee for every artwork sold on the Website.
11. Art4All is not obligated to provide any physical preview of the artwork either before or after the sale. Art4All is in no way liable for the condition of the artwork. Condition reports are provided on request and are based on the information provided by the Seller. In the event that Art4All is of the view that there is a significant difference in the physical work relative to its appearance as displayed on the website, an email will be sent to the buyer regarding the difference and Art4All will await the buyer’s decision to proceed with the order.
12. All foreign currency exchange rates for the purchase are made on the actual INR stated for the Painting or Photographs or any other art products listed in the site. The prices for individual artworks have been 'rounded off' for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
13. The buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Art4All immediately. Art4All is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Art4All forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Art4All.
14. Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern your use of the website.
Last Updated: 22 Mar 2009 20:17:41 PDT home  |  about  |  terms  |  contact
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