Terms and Conditions
Last updated: April 05, 2020
- The content of the pages of this website is for Your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Artetics.com prior written consent.
- Your use of this website and any disputes arising out of such use of the website is subject to any related governing international laws that apply.
- You must complete a registration form that allows You to order services and then download the software solution. You will provide true, accurate, current, and complete information about You as requested in the registration form, and will update the information to keep it current. As part of the registration process, You will identify an email address and password for Your Artetics.com account. You are responsible for maintaining the security of Your account and password. Artetics.com reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- You are solely responsible for Your products and/or services, and compliance with any laws applicable thereto. Artetics.com is not involved in Your relationship and/or any transaction with any actual or potential buyer of Your products and/or services. When someone purchases Your products and/or services, such transaction"s payments will be processed through such third party payment service providers with which You decided to register and set up an account, in accordance with such third party payment service provider"s terms of service and other applicable policies. Artetics.com is neither a party to nor is responsible in any way for Your relationship with any such third party payment service providers, or for the actions of any of these third party payment service providers.
- You may not submit, transmit or display any content which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Artetics.com or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval
- You shall not remove or alter any copyright notices, and signs indicating proprietary rights of Artetics.com and any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services
- You shall not act in a manner which might be perceived as damaging to Artetics.com"s reputation and goodwill or which may bring Artetics.com into disrepute or harm
- In consideration of the paid versions and the Services provided to You, You will pay Artetics.com all fees due according to the prices and terms listed on the Artetics.com website. Artetics.com reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on the website and effective immediately upon the next renewal/order of the Services with and/or without prior notice.
- All fees are exclusive of all federal, state, and/or other governmental sales, goods and services, value- added, harmonized or other taxes, fees or charges. You shall be responsible for all sales, goods and services, value-added, harmonized or other taxes, fees or charges, when applicable.
- Payment must be made via credit or debit card, via PayPal, or other means as specified on the payment page. You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
- Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of Your card refuses to authorize payment, Artetics.com will not accept Your order and Artetics.com will not be responsible for any delay or non-delivery and Artetics.com is not obliged to inform You of the reason for the refusal.
- Artetics.com is not responsible for Your card issuer or bank charging You as a result of our processing of Your credit/debit card payment in accordance with Your order
- Artetics.com shall in no event be held responsible for the security of credit card holder data given that Artetics.com has no control of that data. Indeed, Your transaction and the payment are directly operated by the online payment platform which manages the security of credit cardholder data. Artetics.com and its partners warrant You to be fully in accordance with the Payment Card Industry Data Security Standards.
- You acknowledge that you are making available to Artetics.com your personal and commercial data. Your information and data (full name, e-mail address, and statistical data on the activity of the online store) is required by Artetics.com for the management of orders and commercial relations. These data are also stored for security purposes.
- You may elect not to receive newsletters from Artetics.com. At any time, You may change these choices in your User account.
- You dispose of a right to access and modify your information that has been collected by Artetics.com and a right of opposition so that your personal data is not subject to commercial prospecting or processing.
- You accept that Artetics.com may, in accordance with its legal obligations, collect personal data with regard to legal proceedings (legal requisitions, etc.).
Use of the Services constitutes no transfer of intellectual property to the benefit of the other Party. Consequently, You undertake not to infringe in any manner the intellectual property rights of Artetics.com or one of its partners, particularly with regard to the texts, photos, videos, data, logos, brands and other elements featured on Artetics.com website for which Artetics.com or one of its partners enjoys intellectual property, particularly for the software solution, the modules, the themes and any third party products.
During the use of the Services, You enjoy only the right to use the software solution for a single online store for the entire duration of the Services and worldwide. Notwithstanding the foregoing, the technical assistance is only provided to You as long as Your paid version of the software solution is covered by an active support plan. Similarly, the modules, themes and third party products developed either by Artetics.com or its partners remain the sole property of their owners. For these modules, themes and third party products, Artetics.com grants You simple usage rights restricted to the use of a single online store for the legal duration of the copyright and worldwide starting from the date of the order for the module, theme or third party products concerned.
Any texts, photos, videos, data, logos, brands and other elements posted on the Artetics.com website are reserved and protected by intellectual property rights, in particular copyrights, related rights, trademark rights and by legislation concerning the protection of personal data. Consequently, no exploitation, distribution, reproduction, or other use of these elements, even partial, may be done without the express authorization of Artetics.com. Nevertheless, during the use of the Services, Artetics.com authorizes You to mention its company name as a commercial reference. During the use of the Services, You expressly authorize Artetics.com to mention Your company name and Your products and/or services and brands as commercial references. Each Party expressly undertakes not to damage the image of the other Party.
ARTETICS.COM PROVIDES THE SERVICES ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY - ALL TO THE FULLEST EXTENT PERMITTED BY LAW. ARTETICS.COM SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, ARTETICS.COM DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY PRODUCTS) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES - SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ARTETICS.COM, ITS AGENTS, EXECUTIVE, OR EMPLOYEES BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE FEES ACTUALLY PAID TO ARTETICS.COM FOR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ARTETICS.COM, ITS AGENTS, EXECUTIVE, OR EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES EVEN IF ARTETICS.COM, ITS AGENTS, EXECUTIVE, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification of Artetics.com
You hereby agree to defend, indemnify and hold Artetics.com and its partners and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys" fees and court costs) arising out of or relating to Your breach of any of these Terms or Use, except to the extent the foregoing directly result from Artetics.com"s own gross negligence or willful misconduct. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
-Sub-contracting of the Services
Artetics.com is authorized to use the services of one or more sub-contractors of its choice to carry out all or part of the Services without giving You prior notification.
Artetics.com will have no liability to You or any third party for any failure by Artetics.com to perform its obligations under this Agreement in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Artetics.com, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
No agency, partnership, joint venture or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind Artetics.com in any respect whatsoever.
The failure of Artetics.com to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
You may not assign this Agreement without the prior written consent of Artetics.com, which Artetics.com may refuse in its sole discretion. Any attempt by You to assign this Agreement without prior written consent from Artetics.com will be deemed null and void. Artetics.com may assign this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
-Applicable law - Assignment of Jurisdiction
The terms and conditions contained within this agreement will be governed by the laws of the state of Texas, United States of America.