Artist Terms Of Use

Your use of the Nakshi.com ("Website") is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

Nakshi.com reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

Your use of Our Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website (including the browsing) by You is governed by this policy and any such other policy so mentioned by terms of reference.

If you do not agree with any of these terms, please discontinue using the Website.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Nakshi website at www.Nakshi.com (“the Website”) are entering a binding legal agreement on the following terms (the “Agreement”) when using the Website. The Agreement is between the user and either or both of Nakshi OR (“Nakshi, “we”, “us”, “our” refer to either Nakshi Ltd or Nakshi Inc. or both as the context requires) and use of this website indicates continued acceptance of this agreement.

User Agreement

Displaying your work on Nakshi puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Nakshi. Respect each other and respect the art you find here and you will contribute to making Nakshi an inspiring and enjoyable community.

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this Website.

Amendment to this Agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Nakshi or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.

Terminating this Agreement

  • You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
  • Nakshi may give notice of termination of this Services Agreement to you in writing at any time.
  • After notice of termination in the manner described in either clause 1 or 2, you authorize us to complete any transactions in progress concerning your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.

Upon termination of this Services Agreement by either party, Nakshi will pay you any accrued member margin proceeds from your account, less a Rs.500 for administration fee.

Your Account with Nakshi

You will need to create an account with Nakshi to use some of our Services. Here are a few rules about accounts with Nakshi:

  • You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  • Be honest with us. Provide accurate information about yourself. In any event we find any information submitted by you to be false, we reserve the right to suspend your account or terminate your account as per our discretion.
  • Choose an appropriate username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
  • You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  • Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. You agree that you will not disclose your password to any other person, and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
  • Our Terms are not a relationship. These Terms don't create any agency, partnership, joint venture, employment or franchise relationship between you and Nakshi.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Members

You can become a registered member (“Member”) of the website by creating an account with us. You must become a member before placing any content on the website, including writing any comments in forums or reviews. In its sole discretion, Nakshi may refuse any user name that it decides is inappropriate or deny any person from becoming a member.

Purchasing a Product on Nakshi

  • Users can purchase products on the Nakshi website using the PayPal system.
  • You do not have to be a member to buy a product.
  • The price you pay is fixed at the time of shipping.
  • You may not cancel an order once it has been shipped.

It is the customer’s responsibility to ensure the product delivery address is correct. Nakshi takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

Paying you after your art is sold

  • Payment terms are explained in the Services Agreement.
  • You Instruct Nakshi to cancel incorrect orders
  • You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.
  • You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer.

If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.

Delivery

Delivery will be facilitated according to your instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. Nakshi will charge shipping costs, which will vary depending on the size and price of the product.

Terms of Sale

These Terms of Sale apply to all offers made by Nakshi.com. All orders placed by you and all agreements concluded between us concerning the products and services provided on this website.

Return Rights

We are committed to quality products, and your satisfaction is 100% guaranteed.

However, if we shipped you the wrong item or your item arrives damaged or in poor condition:

  • Simply email us a digital photo of the damaged or incorrect item and the shipping container to returns@nakshi.com.
  • Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and tell us whether you are seeking a replacement or a refund.
  • Please send your request within 30 days of receipt.

Your request will be processed within 48 hours, and you will receive an email letting you know your replacement is under production, or your refund is being processed. If you select a refund, you will be refunded the full cost of the item and the cost of delivery.

If your items arrived in good condition but you have changed your mind, no problem! You can return your item within 30 days of receipt and receive a refund for the price of the product.

If you notify us of your intent to return your item within 14 days of receiving it, you may also be entitled to a refund of the cost of delivery. The cost of delivery is the amount paid by you for shipment of the goods to your designated shipping address (except the supplementary costs resulting from your choice of a non-standard delivery method).

We do not refund the cost of delivery for serviced items, all of which are custom-made to order. Serviced items include all framed items, canvas, art on acrylic, art on metal, loft art, or photos.

To qualify for a refund of the cost of delivery (if applicable), you must return the goods within 14 days of your request for a refund.

To return an item, please pack them in the original tube or box and include the completed Return Instructions form located on the back of the Packing List included with your order.

You may also inform us of your intent to return an item via letter by post, fax, or e-mail.

Please include your name, postal address, email address, telephone numbers, as well as your order number, the shipping ID and item number. We encourage you to include a brief description of the reason for the return.

Please be aware that you are obligated to bear the direct cost of returning the goods. We strongly encourage you to return your item via a traceable method. If you are returning an item that is not normally capable of being returned by post, you are still responsible for the cost of returning the item.

Refund Payments

Refunds will be issued by the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such refund. Except in the case of Photo Returns, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Exchanges

If your item arrived in good condition, but you would like to exchange it for a product in a different size or a different item, please return the item for a refund using the method described in "Return Rights" and place a new order.

Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the Website.

However, we do not charge your credit card until after your order has entered the shipping process. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event, your sole recourse shall be the return of amounts paid by you related to such order (if any).

Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.

Some images will have a small print at the bottom. This is copyright information, and legally Nakshi.com is not authorized to remove the small font from the bottom of the image. This font is so small it occasionally does not show up when the image is viewed online.

Data Transfers

To process and fulfill your order, it may be necessary to transfer certain transaction information and personal data to servers or databases in the United States controlled by our parent company, Nakshi.com.

Excess Inventory

You grant Nakshi permission to dispose of any stock that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.

Reviews, Comments, Communications and Other Content

You may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners.

You agree not to submit, transmit, or otherwise make available in any manner any content

  • That is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable,
  • That infringes the intellectual property rights of any party, or
  • which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus.

You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason.

You represent and warrant that you possess all necessary rights to use the content that you submit to the Website, and that use of such content does not violate our Content Policy.

You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the Website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion.

We take no responsibility and assume no liability for any content posted by visitors to our website.

Reporting inappropriate content to Nakshi

Nakshi does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and view content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Nakshi reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the "report this work as inappropriate" link that will be displayed beside each piece of art. If you believe your copyright or other intellectual property rights are being infringed, you can make a formal complaint by using the processes described in our policy here.

Rights to Contents and Intellectual Property

The copyrights to all original materials, content, selection and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Nakshi.com, its parents, affiliates, subsidiaries, or third party licensors and is protected by International and National laws of the country relating to Intellectual Property.

You cannot copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or do any derivative works from this Website in any way without the express prior written consent of Nakshi.com.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Nakshi.com or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Nakshi.com or the appropriate owner.

Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website.

You cannot use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.

Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

The contents of this Section shall survive even after the termination or expiry of the Terms and Policy.

No Warranties

NAKSHI DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Nakshi assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

The User is solely responsible for the security and confidentiality of his/her credit/debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

The Company merely facilitates the meeting of Sellers and Users. The Company is not responsible or liable for any price quoted by the Seller. All negotiation for the desired Product is done only between Customer and Seller.

The Company/Website is not responsible for any non-performance or breach of any contract entered into between Users and Sellers. The Company/Website shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.

Warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. The Company/Website does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website.

You agree and undertake that You are accessing the Website and transacting at your sole risk and are that you are using your best and prudent judgment before negotiating with the Seller and purchasing any Product at the price quoted for it by the Sellers on the Website, or accessing/using any information displayed thereon.

  • The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, Sellers or third parties, or for any damage caused to the User, the User’s belongings, or any Third Party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
  • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and Policy.

Limitation of Liability

In no event Nakshi, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website.

You acknowledge by Your use of this Website that Your use of this Website is at Your risk.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes.

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Survival

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Specific warnings

You must ensure that your access to this website and the Nakshi service is not illegal or prohibited by laws that apply to you.

You must take your precautions to ensure that the process that you employ for accessing this website and the Nakshi service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Nakshi service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Nakshi service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Indemnification

You agree to defend, indemnify and hold Nakshi harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and services and specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Notice and Procedure for Making Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A detailed description of the copyrighted work that You claim has been infringed;
  • A description of precisely where the material that You claim is being infringed is located on the Website;
  • Your address, telephone number, and email address;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

We may give notice to our users with the help of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent.

For effectiveness, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from You under the penalty of perjury that You have a good- faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  • Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the, as provided below and that you will accept service or process from the person who provided notification of the alleged infringing material or an agent of such person.

Unaffiliated Products and Websites

Descriptions of, or references to, products, publications or Websites not owned by Nakshi or its affiliates do not imply endorsement of that product, publication, or Website. Nakshi has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your risk.

Third Party Linking Policy

This Website may provide, as a convenience to you, links to sites owned or operated by parties other than Nakshi. Each linked site may have its terms and conditions of use as described in that site's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge you to read each website's legal notice/ terms carefully before you use that site.

Nakshi does not control, and is not responsible for, the availability, content or security of these external sites, nor your experience interacting or using these external Websites. Nakshi does not endorse the content, or any products or services available, on such websites.

Governing Law / Void Where Prohibited

This Website shall be governed by, and your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of India, without regard to principles of conflict of legislation. Notwithstanding the preceding, this Website may be viewed internationally and may contain references to products or services not available in all countries.

References to a particular product or service do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Nakshi intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited.

Your information will be transferred to Nakshi in India, which may be outside of Your country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Dispute Resolution

This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the Nakshi service, will be exclusively resolved under confidential binding arbitration held in Bangalore, Karnataka, India. All disputes will be settled under the laws of India, without regard to conflicts of law principles.

You and Nakshi agree to submit to the personal and exclusive jurisdiction of the courts located in Bangalore, Karnataka, India for purposes of enforcing any arbitration award.

Notwithstanding the preceding, Nakshi may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Nakshi agree that any dispute resolution proceedings will be conducted only on an individual basis and not in class, consolidated or representative action. You and Nakshi agree that any cause of action arising out of or related to the Nakshi site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release Nakshi (and Nakshi's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.

Effective from August, 2016

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