Terms & Conditions

1. Introduction

Welcome to ArtCanvas. These Terms and Conditions ("Terms") govern your use of the ArtCanvas website (https://artcanvas.com) and all content, services, and products available at or through the website (collectively, the "Service"). The Service is owned and operated by ArtCanvas Ltd., registration number 50041649 ("we," "us," or "our").

By accessing or using our Service, you ("User", "you", or "your") agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.

2. Eligibility

To use our Service, you must be at least 13 years old. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria at any time.

3. Your Account

When you create an account with us, you guarantee that:

All information you provide is accurate, complete, and current at all times
You will maintain the accuracy of such information
You are legally capable of entering into binding contracts
Your use of the Service does not violate any applicable law or regulation

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for all activities that occur under your account and password.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

4. Intellectual Property Rights

4.1 Our Content

The Service and its original content (excluding User Content as defined below), features, and functionality are and will remain the exclusive property of ArtCanvas Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ArtCanvas Ltd.

4.2 User Content

"User Content" means any content, including but not limited to text, images, graphics, photos, audio, video, or other material, that you post, upload, submit, or otherwise provide to or through the Service.

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business operations, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.

You represent and warrant that:

You own or have the necessary rights to use and authorize us to use all intellectual property rights in and to any User Content
The User Content does not infringe the intellectual property rights or any other rights of any third party
The User Content complies with these Terms and all applicable laws and regulations

We do not claim ownership of your User Content, but we need these rights to make the Service available.

4.3 Content Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates these Terms or any party's intellectual property rights.

4.4 Copyright Infringement

If you believe that any User Content infringes upon your copyright, please contact us through the contact information provided at the end of these Terms. Please include:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing or to be the subject of infringing activity
Your contact information, including your address, telephone number, and an email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

5. Acceptable Use

You agree not to use the Service:

In any way that violates any applicable national or international law or regulation
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
To impersonate or attempt to impersonate ArtCanvas, an ArtCanvas employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm ArtCanvas or users of the Service or expose them to liability

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent
Use any device, software, or routine that interferes with the proper working of the Service
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of the Service

6. Paid Services and Purchases

6.1 Payment Terms

We may offer paid products or services within the Service. By purchasing such products or services, you agree to pay us the applicable fees and taxes. All payments are non-refundable except as expressly provided in our Refund Policy or as required by applicable law.

Payment information you provide must be accurate and complete. You authorize us to charge your designated payment method for all purchases you make. If your payment cannot be completed, we may suspend or terminate your access to the paid services.

6.2 Subscription Services

Some of our services may be offered on a subscription basis with recurring payments. For these services:

Your subscription will automatically renew at the end of your subscription period unless you cancel it before the renewal date
You authorize us to automatically charge your payment method for the renewal
Subscription fees may change upon renewal. We will notify you of any price changes before they take effect
You may cancel your subscription at any time through your account settings or by contacting us

6.3 Refunds

Our refund policy is detailed in our separate Refund Policy document, which is incorporated by reference into these Terms.

7. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by ArtCanvas Ltd.

ArtCanvas Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ArtCanvas Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTCANVAS LTD. AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ARTCANVAS LTD. MAKES NO WARRANTY THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
ANY ERRORS IN THE SERVICE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9. Limitation of Liability

IN NO EVENT SHALL ARTCANVAS LTD., ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
ANY CONTENT OBTAINED FROM THE SERVICE
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE
FRAUD OR FRAUDULENT MISREPRESENTATION
ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW

IF YOU ARE A CONSUMER, YOU HAVE CERTAIN LEGAL RIGHTS WHICH ARE NOT AFFECTED BY THESE TERMS. NOTHING IN THESE TERMS SHALL AFFECT THOSE LEGAL RIGHTS.

10. Indemnification

You agree to defend, indemnify, and hold harmless ArtCanvas Ltd., its affiliates, subsidiaries, partners, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ArtCanvas Ltd. regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.

15. Contact Information

If you have any questions about these Terms, please contact us:

By email: [email protected]
By mail: Studio 58y Murphy Club, Masonchester TN12 9PU, United Kingdom
By phone: +44 371 561 1311