Terms Of Use
Welcome to the Terms of Use for our website www.artaux.io. Artaux (www.artaux.io) is owned by Avishyat Tech Ventures LLP and this page explains the terms by which you may use our platform.
For this section Artaux will be referred to as “our website/ platform”, “us”, “our” and you i.e. User, Contributor, Visitor will be referred to as “you” and “your”.
By accessing or using our platform, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Artaux Privacy Policy , whether or not you are a registered user of our website. This Agreement applies to all visitors, users, contributors and others who access our website (“Users”).This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:
Contributor’s Agreement
End User License Agreement
Please read this agreement carefully to ensure that you understand each provision.
1. Use of our website
Artaux is an e-commerce platform for uploading and selling digital files (Digital Assets) on a pay-per-download basis.
We do not advise children below the age of 16 years to use our website because some of the content displayed on our website may not be suitable for them. Please refer our Privacy Policy to get a clear idea about the age criteria we have set for our Users.
The full use of our website may not be available to any Users previously removed from the website by Artaux. By using our platform, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
2. Artaux Accounts
Your Artaux account gives you access to the services and Digital Assets that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Artaux account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Artaux with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit a valid photo identification. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and special characters) with your account. You may not allow any other party to access or use our website with your unique username, password, or other security code. You must notify Artaux immediately of any breach of security or unauthorized use of your account. Artaux will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with our platform by changing the settings in your account. By providing Artaux your email address you consent to our using the email address to send you website-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the website and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Artaux usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3.Artaux Rules
You agree not to engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of our website in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the website in a manner that sends more request messages to the Artaux servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited emails;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the website;
- collecting or harvesting any personally identifiable information, including account names, from the website;
- using the platform for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website;
- interfering with the proper working of the platform;
- accessing any content on the Service through any technology or means other than those provided or authorized by the website;
- bypassing the measures we may use to prevent or restrict access to the website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein;
- using any Artaux content, including any Artaux trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Artaux content;
- using the platform or any Artaux content to support, incite or promote illegal behaviour, discrimination, hostility or violence;
- using any Artaux trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data;
- adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Artaux trademarks;
- copying, imitating or using, in whole or in part, the look and feel of the website (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Artaux;
- using any Artaux content to link to the Artaux website without the prior written consent of Artaux;
- framing or hotlinking to the platform or any content other than your own without the prior written consent of Artaux; or
- uploading any content that is illegal, sexual or pornographic, features child exploitation material or links to such material.
We may, without prior notice, change the website services; stop providing few or all features of the website, to you or to Users generally; or create usage limits for the platform. We may permanently or temporarily terminate or suspend your access to the website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Artaux prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Artaux may permanently ban you from the website. You may not have more than one active account at any time without the written consent of Artaux in each instance. If such consent is granted, you may not submit identical Digital Assets to more than one account.
You are solely responsible for your interactions with other Artaux Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Artaux shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Artaux does not support and will not tolerate its platform being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the website in a manner which would or would likely incite, promote or support such discrimination and you must not use the website to incite or promote hostility or violence. If we believe in our sole determination that your use of the website is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the website without any notice and liability for any reason.
4. Transacting as a User
We have integrated Razorpay and PayPal as payment gateways for purchasing the Digital Assets from our website.
The payment can be doone via a debit card, a credit card or UPI.
To complete the transaction some of your information maybe collected and stored by the service providers. Artaux is not responsible for any use of your information that may be collected and stored by the service providers.
You are responsible for all costs of currency conversion relating to your purchases from our website. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
5. Taxes
The final prices and fees are inclusive of transactional taxes where relevant (like GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
6. Refunds
Given the nature of digital content, we do not generally offer a refund or credit on purchased Digital Asset/s unless we have made changes to these terms that materially affect you to your detriment.
If you would like to request a refund or credit you should contact us at support@artaux.io.
We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about your purchase.
- you do not have sufficient expertise to use the Items made available.
- you ask for goodwill.
- you can no longer access any of your desired Digital Assets because they have been removed from Artaux (we advise you to download the Digital Assets as soon as you license them to avoid this situation).
7. Intellectual Property
We own all the content that we have put on Artaux (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Artaux website, and copyright, trademarks, designs and other intellectual property on Artaux. We own all the trademarks, logos, service marks and trade names on Artaux (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
We do not own the Digital Assets on Artaux; the respective Contributors do. However, we have the right to sell the Digital Assets to you on the terms of the End User License Agreement.
We respect the intellectual property rights of others. If you believe that any Digital Asset or any content on Artaux infringes any intellectual property right (including copyright) we request you to contact us immediately. Further information is available in the Artaux Intellectual Property Policy.
8. Our use of your information
We respect your privacy and process your information in accordance with our Privacy Policy.
We value your information and take reasonable precautions to protect it. While using our website, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through Artaux to any other person.
9. Indemnity
You agree to defend, indemnify and hold harmless Artaux and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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, including any data or content transmitted or received by you;
- your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
- your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights;
- your violation of any applicable law, rule, or regulation;
- any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
10. Limitation to liability
To the maximum extent permitted by applicable law, in no event shall Artaux, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use of data or other intangible losses, that result from the use of, or inability to use, this website or the Digital Assets. Under no circumstances will Artaux be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the website or your account or the information contained therein.
To the maximum extent permitted by applicable law, Canva assumes no liability or responsibility for any
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website;
- any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the website;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on our platform;
- digital files or the defamatory, offensive, or illegal conduct of any third party;
- loss or deletion of Digital Assets.
In no event shall Artaux, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs.
Not withstanding anything to the contrary contained herein, Artaux shall not be liable for any damages, costs or losses arising as a result of modifications made to the Digital Assets or any other content.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Artaux has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11. Contact
Please contact us at info@artaux.io for any questions regarding this Agreement.