TERMS OF USE
1. INTRODUCTION
Welcome to Studio Artinject.
Studio Artinject (“us”, “we”, or “our”) operates www.studioartinject.com (hereinafter referred to as “Service”).
AGREEMENT BETWEEN USER AND STUDIO ARTINJECT
The studioartinject.com website (the “Site”) is owned and operated by Shimona Ghosh, Artist & Founder of Studio Artinject. studioartinject.com is governed by these Terms of Use (“Terms”, “Terms of Service”) and our Privacy Policy (together referred to as “Agreements”). Your use of studioartinject.com constitutes your agreement to all such Terms and you acknowledge that you have read and understood the Agreements, and agree to be bound by them. Please read these terms carefully, and keep a copy of them for your reference.
Studio Artinject (and studioartinject.com) offers original artworks, ceramic ware, classes, workshops, courses, commissioned paintings, and other products, services and resources. Products or services may be added or removed without notice. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
2. ELECTRONIC COMMUNICATIONS
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing shimona@studioartinject.com.
Visiting studioartinject.com or sending emails to Studio Artinject (at www.studioartinject.com) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. PURCHASES
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis (“Subscription(s)“). You will be billed in advance on a recurring and periodic basis (“Billing Cycle“). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Studio Artinject cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Studio Artinject customer support team at shimona@studioartinject.com
A valid payment method is required to process the payment for your subscription. You shall provide Studio Artinject with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Studio Artinject to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Studio Artinject reserves the right to terminate your access to the Service with immediate effect.
6. FREE TRIAL
Studio Artinject may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial“).
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Studio Artinject until Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Studio Artinject reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
7. FEE CHANGES
Studio Artinject, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Studio Artinject will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
8. REFUNDS
All sales are final. Due to the specialized nature of this work, returns and/or exchanges are generally not accepted. Every order, commission, and sale is handled with care, and as much clarity & transparency as possible.
Please make sure to read product descriptions, dimensions, and our policies carefully before completing your purchase.
In the unlikely event that you receive a defective or damaged product (with the exception of damages incurred during transit as a result of mishandling by the shipping service), a refund may be possible. This will be handled on a case-by-case basis.
9. RIGHTS TO ARTWORK AND IMAGES
All artwork, images, and graphics are the sole property of Shimona Ghosh and may not be used by any third party without written permission. Copying or reproducing artwork created by Shimona Ghosh (as seen on studioartinject.com, or elsewhere) is strictly prohibited without written permission from the artist.
-Studio Artinject retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business or other rights as defined by a contract signed by all necessary parties.
-Studio Artinject retains all rights to the images of all artwork including the rights to the image of sold or commissioned original artworks unless otherwise defined by contract.
-Studio Artinject retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Shimona Ghosh UNLESS THE COLLECTOR OR COMMISSIONER HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
-Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
If you own an original painting and would like to discuss purchasing further rights, displaying the work in a public space, or nullify my right to reproduce, please contact shimona@studioartinject.com
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist’s name).
All other uses must be agreed to in advance in writing.
Please contact shimona@studioartinject.com with any inquiries.
10. CONTENT
Content found on or through this Service is the property of Studio Artinject or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
11. PRODUCT INFORMATION
Studio Artinject strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
12. PROPRIETARY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use studioartinject.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Studio Artinject that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Studio Artinject or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Studio Artinject or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Studio Artinject content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Studio Artinject and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Studio Artinject or our licensors except as expressly authorized by these Terms.
13. PROHIBITED USES
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:
13.1. In any way that violates any applicable national or international law or regulation.
13.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
13.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
13.4. To impersonate or attempt to impersonate Studio Artinject, a Studio Artinject employee, another user, or any other person or entity.
13.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
13.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Studio Artinject or users of Service or expose them to liability.
Additionally, you agree not to:
13.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
13.8. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
13.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
13.10. Use any device, software, or routine that interferes with the proper working of Service.
13.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
13.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
13.13. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
13.14. Take any action that may damage or falsify Studio Artinject’s rating.
13.15. Otherwise attempt to interfere with the proper working of Service.
14. ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
15. ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 13 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
16. ERROR REPORTING AND FEEDBACK
You may provide us either directly at shimona@artinject.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Studio Artinject may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Studio Artinject is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Studio Artinject and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
17. AFFILIATE LINKS
From time to time, Studio Artinject participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, Studio Artinject will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. We will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you and/or will benefit you. You will not rely on any recommendation, reference, or information provided by Studio Artinject but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
YOU ACKNOWLEDGE AND AGREE THAT STUDIO ARTINJECT 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 THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
18. GENERAL DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Site. The site and all content, merchandise, and other information on or accessible from or through this site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, Studio Artinject does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes them available is free of viruses or other harmful components. Studio Artinject makes no warranties of any kind regarding any non-Studio Artinject sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Studio Artinject makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Studio Artinject sites. Studio Artinject does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Studio Artinject does not represent or warrant that the product label information on our site is accurate or complete since certain information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels.
19. INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Studio Artinject, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms of Use or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.
20. DISCLAIMER OF WARRANTY
THESE SERVICES ARE PROVIDED BY STUDIO ARTINJECT ON AN “AS IS” AND “AS AVAILABLE” BASIS. STUDIO ARTINJECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER STUDIO ARTINJECT NOR ANY PERSON ASSOCIATED WITH THE SAME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER STUDIO ARTINJECT NOR ANYONE ASSOCIATED WITH THE SAME REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
STUDIO ARTINJECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. LIMITATION OF LIABILITY
Except in the cases of willful misconduct and reckless conduct on the part of Studio Artinject, in no event shall Studio Artinject, subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this Site be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site, whether based upon warranty, contract or tort (negligence). Even if Studio Artinject has been advised of or should have known of the possibility of such damages or losses. Except in the cases of willful misconduct and reckless conduct on the part of Studio Artinject, in no event shall the total liability of Studio Artinject, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this Site to you for all damages, losses, and causes of action resulting from your use of this Site, whether in warranty, contract or tort (negligence), exceed the amount you paid to Studio Artinject in connection with the event giving rise to such liability.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
22. WAIVER; REMEDIES
The failure of Studio Artinject to partially or fully exercise any rights or the waiver of Studio Artinject of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Studio Artinject or be deemed a waiver by Studio Artinject of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Studio Artinject under these Terms and any other applicable agreement between you and Studio Artinject shall be cumulative, and the exercise of any such right or remedy shall not limit Studio Artinject’s right to exercise any other right or remedy.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. GOVERNING LAW
The laws of India shall govern these Terms without regard to conflict of laws provisions.
24. INTERNATIONAL USE
Studio Artinject (and studioartinject.com) is controlled, operated and administered by Studio Artinject from our studio in Delhi, India. If you access the site from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the Studio Artinject Content accessed through studioartinject.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. If you choose to access this Site from outside India, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
25. DISPUTES
Any dispute relating in any way to your visit to, or use of the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Studio Artinject shall be submitted to the appropriate forum in New Delhi, India. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state of New Delhi, India. Arbitration under these Terms will be conducted pursuant to the Arbitration and Conciliation Act, 1996 and the Rules therein. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
YOU AND STUDIO ARTINJECT AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Studio Artinject agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
26. TERMINATION/ACCESS RESTRICTION
Studio Artinject reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Studio Artinject as a result of this agreement or use of the Site.
27. CHANGES TO TERMS
Studio Artinject reserves the right, at our sole discretion, to change the Terms under which studioartinject.com is offered. The most current version of the Terms will supersede all previous versions. Studio Artinject encourages you to periodically review the Terms to stay informed of our updates.
28. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
29. Contact Information
Studio Artinject welcomes your questions or comments regarding this Statement of Privacy. If you believe that Studio Artinject has not adhered to this Statement, please contact us at:
Shimona Ghosh
Artist & Founder, Studio Artinject
shimona@studioartinject.com