Terms of Service
Artistic Bazaar JCSL Ltd Terms of Service
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 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.
Artistic Bazaar JCSL Ltd 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.
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.
In order to list a work on the Site or to make a purchase through the Site, 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 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. Artistic Bazaar JCSL Ltd 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 Artistic Bazaar JCSL Ltd of any unauthorized use of your Account.
Purchaser Terms and Conditions
Purchases of Handmade Works of Art
As a Member, you may purchase Handmade Works of Art that are listed by other Members on the Site. When you purchase such a Handmade Work of Art through the Site and Services, you are purchasing the work from Artistic Bazaar JCSL Ltd and not from the designer / creator as may be identified on the listing for such work. Prices for Handmade Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Artistic Bazaar JCSL Ltd and/or its third party service providers will collect your billing and shipping information and process your payment.
Artistic Bazaar JCSL Ltd reserves the right to cancel any order for an Handmade Work of Art placed via the Site and Services if Artistic Bazaar JCSL Ltd 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 Artistic Bazaar JCSL Ltd cancels an order placed via the Site and Services, Artistic Bazaar JCSL Ltd will send you an email confirmation of such cancellation and you will not be charged for your order.
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, goods and services ("GST") or 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"). Value added Tax ("VAT") is included in the price stated.
You understand and agree that Artistic Bazaar JCSL Ltd uses commercially reasonable efforts to display the colors of Handmade Works of Art accurately via the Site and Services. However, because individual computer monitors may display colors differently, Artistic Bazaar JCSL Ltd is not responsible for the color accuracy of any Handmade Work of Art displayed on the Site and Services, and disclaims all liability in this regard.
Artistic Bazaar JCSL Ltd Content
Artistic Bazaar JCSL Ltd may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Artistic Bazaar JCSL Ltd Content"), some of which is owned by Artistic Bazaar JCSL Ltd ("Artistic Bazaar JCSL Ltd-owned Content"), and some of which is made available under license by a third party ("Artistic Bazaar JCSL Ltd-licensed Content"). Artistic Bazaar JCSL Ltd authorizes you to download, view and print Artistic Bazaar JCSL Ltd-owned Content" solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Artistic Bazaar JCSL Ltd Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Artistic Bazaar JCSL Ltd Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artistic Bazaar JCSL Ltd or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, Artistic Bazaar JCSL Ltd's name, any Artistic Bazaar JCSL Ltd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artistic Bazaar JCSL Ltd's express written consent;
- Access, tamper with, or use non-public areas of the Site, Artistic Bazaar JCSL Ltd's computer systems, or the technical delivery systems of Artistic Bazaar JCSL Ltd's providers;
- Attempt to probe, scan or test the vulnerability of any Artistic Bazaar JCSL Ltd system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artistic Bazaar JCSL Ltd or any of Artistic Bazaar JCSL Ltd's providers or any other third party (including another user) to protect the Site, Services, Artistic Bazaar JCSL Ltd Content ;
- Attempt to access or search the Site, Services, Artistic Bazaar JCSL Ltd Content or download Artistic Bazaar JCSL Ltd Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Artistic Bazaar JCSL Ltd or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Artistic Bazaar JCSL Ltd trademark, logo URL or product name without Artistic Bazaar JCSL Ltd's express written consent;
- Use the Site, Services, Artistic Bazaar JCSL Ltd Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Artistic Bazaar JCSL Ltd Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Artistic Bazaar JCSL Ltd Content ;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Artistic Bazaar JCSL Ltd will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artistic Bazaar JCSL Ltd may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artistic Bazaar JCSL Ltd 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. Artistic Bazaar JCSL Ltd reserves the right, at any time and without prior notice, to remove or disable access to any Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Artistic Bazaar JCSL Ltd, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Sweepstakes and Contests
Artistic Bazaar JCSL Ltd 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 Artistic Bazaar JCSL Ltd'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.
The Site, Services and Artistic Bazaar JCSL Ltd Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Artistic Bazaar JCSL Ltd and its licensors exclusively own all right, title and interest in and to the Site, Services and Artistic Bazaar JCSL Ltd Content and , 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 Artistic Bazaar JCSL Ltd Content.
Artistic Bazaar JCSL Ltd respects copyright law and expects its users to do the same. It is Artistic Bazaar JCSL Ltd'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 Artistic Bazaar JCSL Ltd's Copyright Policy at https://artisticbazaar.com/copyrightfor further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Artistic Bazaar JCSL Ltd 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 Artistic Bazaar JCSL Ltd 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
THE SITE, SERVICES, Artistic Bazaar JCSL Ltd CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Artistic Bazaar JCSL Ltd 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. Artistic Bazaar JCSL Ltd MAKES NO WARRANTY THAT THE SITE, SERVICES, Artistic Bazaar JCSL Ltd CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
You agree to defend, indemnify, and hold Artistic Bazaar JCSL Ltd, 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 your access to or use of the Site, Services, Artistic Bazaar JCSL Ltd Content , or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Artistic Bazaar JCSL Ltd Content and Member Content remains with you. Neither Artistic Bazaar JCSL Ltd nor any other party involved in creating, producing, or delivering the Site, Services, Artistic Bazaar JCSL Ltd 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, Artistic Bazaar JCSL Ltd Content , or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your 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 Artistic Bazaar JCSL Ltd 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.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Artistic Bazaar JCSL Ltd used herein are trademarks or registered trademarks of Artistic Bazaar JCSL 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 Cyprus / Europe without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Cyprus and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Artistic Bazaar JCSL Ltd and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artistic Bazaar JCSL Ltd and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Artistic Bazaar JCSL Ltd's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Artistic Bazaar JCSL Ltd 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.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Artistic Bazaar JCSL Ltd 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.
The failure of Artistic Bazaar JCSL Ltd 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 Artistic Bazaar JCSL Ltd. 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 Artistic Bazaar JCSL Ltd