Terms & Conditions
TERMS AND CONDITIONS FOR ANINAARTS
This website is operated by ANINA Inc., throughout the site, the terms “we”, “us” and “our” refer to Aninaarts. Aninaarts offers a service for viewing, selling and purchasing original art works and commercially exploiting digital images of the art works through our website, accessible at www.aninaarts.com including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service. Also, these terms include an agreement to arbitrate, which means that you agree to submit any dispute related to your use of the services to binding individual arbitration rather than proceed in court. If you want to opt-out of the agreement to arbitrate, you may do so provided you follow the procedures set forth below in the section entitled “agreement to arbitrate”. The dispute resolution section also
includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a proposed class. These terms also include a waiver of your rights to a trial by jury irrespective of whether you agree to arbitrate your claims.
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.
Modifications to these Terms
You can review the most current version of the Terms of Service at any time at this page.
Aninaarts reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Modifications to the Services
We reserve all the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Art works (as defined below), Digital Works (as defined below), Aninaarts Content (as defined below) or Member Content (as defined below) from
the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for the Services at any time. We reserve the right to terminate accounts for users who have been previously suspended or
removed from the Services. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
You may use some parts on the website without signing up for an account. However, In order to list a work on the Services or to make a purchase through the Services, you must first create an account either by
(i) providing your email address and a password;
(ii) using mobile verification; or
(iii) by logging in through other supported authentication mechanism (a
“Third Party Account”).
You must provide accurate and complete information and keep your Account information updated. You shall not:
(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than
you without appropriate authorization; or
(iii) use as a username a name that is otherwise offensive, vulgar or
obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately
(iv) providing your email address and a password;
(v) using mobile verification; or
(vi) by logging in through other supported authentication mechanism (a “Third Party Account”).
SELLER TERMS AND CONDITIONS
Listing Works on the Services
As a Member, you may submit listings for your original art works that you have created and that you desire to sell through our Services. You may not submit
listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of art works (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Aninaarts with all the necessary information requested by Aninaarts and you must comply with any other
Aninaarts requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Aninaartswith a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Aninaarts then-current listings content guidelines, which are available at (Enter guidance link here). Aninaarts reserves the right to edit any listings to ensure that they comply with
these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Aninaarts reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original art works or Digital Work from the Services - please see below for instructions.
If you want to remove a listing for an Original art works or Digital Work from the Services you must go to your account, click on the image you want to delete and
then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that:
(i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art;
(ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Aninaarts the rights in such Digital Works as contemplated under these
(iii) neither the Original Works of Art nor Digital Works that you make
available through the Services nor Aninaarts’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
If you submit listings for original art works, you are selling such original art works through the Services and on third party websites and sales channels (collectively“Online Sales”) and you hereby grant Aninaarts a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to:
(i) use, reproduce, distribute, publicly perform and publicly display copies of the original art works sales via the Sales Channels; and
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the original art works in any form, medium or technology now known or later developed for the
purpose of promoting Aninaarts, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an original art works via the Online Sales channel.
If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service,
If you submit listings for Digital Works, you hereby grant Aninaarts a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to:
(i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the
purpose of promoting Aninaarts and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Aninaarts may appoint one or more
third party subcontractors, who may exercise the license rights above for the purpose of enabling Aninaartsto process and fulfill orders for Printed Works.
If an Original art work and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable buyer via the third party website. However, as between
you and Aninaarts, these Terms will apply to the sale of such Original art works and/or Printed Work.
Aninaarts and/or its third party service providers will be responsible for collecting billing and shipping information from the buyer and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Aninaarts’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the buyer and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Aninaarts and the third party website or Aninaarts’s Offline Sales partner, as applicable, to Aninaarts and share related shipping information, including the contact details of the buyer where necessary, with Aninaarts.
For original art work only, Aninaarts will provide you with the name and address
of the buyer and, unless otherwise instructed in writing by Aninaarts, you will be responsible for shipping the purchased Original art works directly to the buyer. Aninaarts will provide you with information regarding its preferred shippers with which Aninaarts maintains an account. You agree to ship the purchased Original art works to the buyer within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original art works to the
buyer prior to the expiration of the Shipping Period, then the sale may be cancelled. You are responsible for providing accurate shipping weight, shipping dimensions and other necessary informations to Aninaarts.
For sales of Original Works of Art via the Online Sales channels, Aninaarts will credit your Account in an amount to be determined in accordance with Aninaarts’s then-current standard pricing and revenue share terms, (We make use of Revenue
share ratio which is (1:4) where Aninaarts holds 20% and credit the artist 80% of the sales revenue.); for sales of Original Works of Art via the Services, subject to Aninaarts’s receipt of confirmation of delivery to the buyer, Aninaarts will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period as determined by Aninaarts, in its sole discretion.
Note: Aninaarts hold the right to review the revenue sharing ratio at any time and such modifications would be communicated to artists through artist’s newsletter.
For sales of Printed Works via Online Sales and Offline Sales, Aninaartswill credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in Aninaarts’s then-current standard pricing and revenue share terms, which, as noted above.
You will have the right to request Aninaarts to remit the Artist Revenue Share in your Account in accordance with a Aninaarts-designated payment schedule. Upon
the termination of these Terms or cancellation of your Account, Aninaartswill remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Services, the license rights granted by you to Aninaarts with respect to such Digital Work will terminate as of
the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Aninaarts and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Aninaarts or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Aninaarts with
respect to using such Digital Work to promote Aninaarts, the Services will remain in full force and effect for only as long as necessary for Aninaarts to fulfill any current obligations that require using the Digital Work for such promotional purposes.
BUYER TERMS AND CONDITIONS
Purchases of Original Works of Art
As a Member, you may purchase Original Works of Art that are listed by other Members on the Services. When you purchase such an Original art works through the Services, you are purchasing the work from the Member identified on the listing for such work and not from Aninaarts. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or
applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Aninaarts and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Art works (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the
listing of the Original art works will ship the purchased work directly to you. The terms and conditions of Aninaarts’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Art works via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Purchases of Printed Works
As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Aninaarts and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you.
The terms and conditions of Aninaarts’s then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales
and Offline Sales channels, which will be presented to you at the time of purchase.
RЕTURN AND REFUND PОLІСY
At Aninaarts, we are committed to ensuring the 100% satisfaction of our art collectors! That's why once you’ve received an original artwork, we'll give you
Ten (10) days to decide whether or not you’d like to keep that artwork or return it for a refund. Open Edition prints are eligible for return 10 days after the date you received your order.
You may return any eligible artwork (i.e. artwork that is not one of the Final Sale items, listed below), provided that it is returned to the artist in its original condition and packaging.
The return guarantee is NOT applicable to the following final sale items:
Framed/Matted Open Edition Prints
Limited Edition Works
Special Collection Works
For detailed information on how to return either an original art work or printed works kindly contact us (firstname.lastname@example.org)
Important information about refund eligibility:
We are committed to making sure you are satisfied with our products. Your order is inspected prior to delivery to ensure all items are in excellent condition before they leave our facilities. Although our products are packaged securely to prevent any damage it’s possible that in rare cases damages may occur during delivery.
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase
Please lооk оvеr уоur оrdеr as ѕооn аѕ уоu get іt іn уоur hands. If уоu thіnk
that уоu'vе rесеіvеd a defective art work, contact оur customer ѕеrvісе
wіthіn (enter days) days With receipt оf your оrdеr. If you were sent іnсоrrесt items оr аrе mіѕѕіng іtеmѕ frоm уоur оrdеr, please contact our customer service аѕ ѕооn as possible ѕо we саn gеt thаt mіѕhар sorted оut for уоu!
NB: Wе don’t ассерt оr give refund bасk for a product being dаmаgеd by the buyer. Therefore, return immediately any item received as faulty.
If уоu have rесеіvеd a wrong order, thеn please give uѕ a call (enter your phone number here) and wе will аrrаngе a suitable tіmе to соllесt thе such item. Onсе уоur rеturn іѕ rесеіvеd and іnѕресtеd, wе will send уоu an еmаіl to notify you thаt wе have rесеіvеd уоur returned іtеm. Wе wіll аlѕо nоtіfу you оf thе approval or rеjесtіоn of уоur refund. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within few days, depending on your card issuer's policies
We ensure that our products details and product specification as displayed on our website contain all the features the art work has. Therefore, we advise you to read carefully the product description and product details before placing your order.
We do not exchange unlеѕѕ thе іtеm you рurсhаѕеd is dеfесtіvе. If уоu rесеіvе a defective item, please contact us on (please enter contact email here) wіth dеtаіlѕ оf thе product and thе defect. Anу рrоduсt wіth visible damage muѕt bе nоtеd to thе dеlіvеrу service uроn receipt. Dаmаgеѕ іnсludіng concealed dаmаgеѕ muѕt bе reported wіthіn thе buѕіnеѕѕ dауѕ.
Aninaarts reserves the right to cancel any order for an Original art works or Printed Work placed via the Services if Aninaarts determines, in its sole discretion that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Aninaarts cancels an order placed via the Services, Aninaarts will send you an email confirmation of such cancellation and you will
not be charged for your order.
• If уоu mіѕtаkеnlу рlасе оrdеr kindly nоtіfу uѕ bеfоrе such order іѕ bееn рrосеѕѕеd, wе ассерt саnсеlаtіоn of the current order and allow you to re-order the correct product
TERMS FOR BOTH SELLERS AND BUYERS
If you are a Member and have submitted a listing for an Original art works or a Digital Work and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Art work or Digital Work to such Member independent of Aninaarts and the Services. Similarly, if you are a Member and desire to purchase an Original art works or
Digital Work for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Art works or Digital Work from such Member independent of the Aninaarts and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Aninaarts including, without limitation, injunctive or other appropriate relief.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), 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”). If you are a seller of Original Art works and/or Printed Works, you acknowledge that Aninaarts will withhold the Taxes required to be withheld from the payments we make to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:
For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Art Work or Printed Work.
For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Art Work and Printed Works.
If you are a buyer of Original Art Works and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and
all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that we use commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors/phones may display colors differently, we are not responsible for the color accuracy of any Original Art Works, Digital Works or Printed Works displayed on the Services,
and disclaim all liability in this regard.
In addition to submitting listings for Original Art Works and Digital Works, we may, in our sole discretion, designate areas of the Services in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, “Member Content”). “Member Content” excludes any images of Original Art Works or Digital Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. Aninaarts does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services,
(i) you grant us a worldwide, nonexclusive, transferable, royalty-free,
commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting Aninaarts, the Services, and
(ii) You grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Member
Content that you make available on or through the Services. You represent and warrant that:
(i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and
(ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may also make available through the Services text, graphics, audio, video and images of works of art, some of which is owned by Aninaarts (“Aninaarts Content”), and some of which is made available under license by a third. We authorizes you to download, view and print Aninaarts-own Content solely for your
personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms.
You agree not misuse this Website by not doing 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, intellectual property rights or other third party rights;
(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, products or substances
(ix) Commit or encourage a criminal offense;
(x) Transmit or distribute a virus, Trojan, worm, logic bomb or any
other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service;
(xi) Corrupt data; Cause annoyance to other users;
(xii) Send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or
(xiii) Attempt to affect the performance or functionality of any computer
facilities of or accessed through this Website.
(xiv) Collect or store any personally identifiable information from the
Services from other users of the Services without their express
(xv) Impersonate or misrepresent your affiliation with any person or
(xvi) Encourage or enable any other individual to do any of the
Breaching this provision would constitute a criminal offense and we will
report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-
of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property and Content
The intellectual property rights in all Aninaarts content (including photographic
ADDITIONAL TERMS AND CONDITIONS
images) made available to you on or through this Website remains the property of Aninaarts.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Aninaarts.com and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We reserve the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.
If you wish to purchase an Original Art Work or Printed Work, or any other product or service via the Services, you may be asked by us to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account for any such purchase. You
We reserve the right, with or without prior notice, to:
(i) change descriptions or references to artworks, products, subscriptions or services;
(ii) limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions;
(iii) and/or refuse to provide any user of the Services with any products, subscriptions or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Aninaarts website and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the
respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Aninaarts.com
The courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Aninaarts. Any variation and waiver of any provision of the Terms of Service will be effective only if in writing and signed by ANINA Inc.
You agree to indemnify, defend and hold harmless Aninaarts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third- party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please contact us through (enter contact email here).
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Aninaarts.com will usually be available 24 hours a day, seven days a week and 365 days a year. However, Aninaarts may, in its absolute discretion, and for any reason and at any time, with or without notice interrupt or suspend your right to access the whole or any part of the website. We may also interrupt or suspend the provision of the whole or any part of the content and/or the services available on the website to users whom we reasonably believes have infringed upon other users’ rights or violated the terms of this Agreement.
You agree that Aninaarts will not be liable to you for any loss that you may suffer as a result of automated deleting of your projects and files, as well as in cases of any interruption or suspension.
Questions about the Terms of Service should be sent to us at email@example.com