Terms and Conditions - RedDot Culture

Website Operator: RedDot Culture, LLC. (“RedDot” “RedDot Culture” or “We”)

REDDOT TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE:

Welcome to the website of RedDot Culture. The following terms and conditions govern your use of this website (www.reddotculture.com) including and content, functionality and services offered on or through www.reddotculture.com. By accessing or using this Website and/or purchasing artwork, you accept these Terms of Use and our Privacy Policy (found at www.reddotculture.com/privacy). This is considered a legally binding agreement. If you disagree with these Terms of Use, you must not use this website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with RedDot and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ORDERS

These Terms of Use, together with any additional terms on the Website, shall govern any order you make through the Website (including by email or phone) for artwork (“Order”)

PRICING

Artwork displayed on the Website may be unavailable, and prices are subject to change. Availability and pricing will be confirmed once you place an Order. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charged and state and local sales or use taxes that may apply to your Order.

DELIVERY AND INSTALLATION

In some cases, RedDot will coordinate delivery and installation; however, we are not responsible for damage to the walls or apartment or building common areas related to the delivery or installation of artwork.

FULL WEBSITE TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE:

CHANGES TO THE TERMS OF USE:

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding to you.

THIS WEBSITE USES COOKIES. By using this website and agreeing to these terms and conditions, you consent to our use of cookies.

LICENSE TO USE THE WEBSITE

Unless otherwise stated, the owner of this website and/or its licensors own the intellectual property rights in the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof). The aforementioned contents, features and functionality are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to the license below, all these intellectual property rights are reserved.

Users are subject to the restrictions set out below and elsewhere in these terms and conditions.

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows;

You may store files that are automatically cashed by your web browser for display enhancement purposes

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use ad not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features (Facebook, Twitter, Instagram, Pinterest) with certain content, you may take such action as are enabled by such features.

You must not:

Modify copies of any materials from this site;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
Republish material from this website (including republication on another website);
Sell, rent or sub-license material from the website;
Show any material from the website in public;
Reproduce, duplicate, copy or otherwise exploit any part of the Website or any services or materials available through the Website for a commercial purpose;
Delete or alter any copyright, trademark or other proprietary rights from copies of materials from this site;
Edit or otherwise modify any material on the website; or
Redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed as specified for that particular content. Please contact us at info@reddotculture.com if you wish to make any use of material on the Website other than that set out in this section.

If you print, copy, download, modify or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any of its content is transferred to you, and all rights not expressly granted are reserved by RedDot.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright trademark and other laws.

TRADEMARKS

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

ACCEPTABLE USES

You may only use this Website for lawful purposes and in accordance with these Terms of Use. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful (at a federal, state, local or international level), illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not use this Website to exploit, harm, or attempt to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

You must not knowingly receive, upload, download, use or reuse any material which does not comply with the Content Standards in these Terms of Use.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send any unsolicited commercial or promotional communications including but not limited to “junk mail”, “chain letter” or “spam” or any other similar solicitation.

You must not use this website for any purposes related to marketing without our express written consent.

Additionally, you agree not to:

Use the Website in any manner that could disable, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
Otherwise attempt to interfere with the proper working of the Website

ACCESS TO THE WEBSITE

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. Access to certain areas of this website may be restricted. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password and any other breach of security. You also agree to ensure that you exist from your account at the end of each session so that others are not able to view or record your password or other personal information.

We may disable your user ID and password in our sole discretion without notice or explanation.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you content to all actions taken by us with respect to your information in compliance with the Privacy Policy.

USER GENERATED CONTENT

The Website may contain message boards, chat rooms, profiles, forums, and other interactive features that allow users to post submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

In these Terms of Use, “User Contributions” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

All User Contributions must comply with the Content Standards set out here:

User Contributions must not:

Contain defamatory, obscene, indecent, abusive, offensive, hateful, inflammatory or otherwise objectionable material;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales (including but not limited to promotions, barter or advertising);
Give the impression that they come from or are endorsed by RedDot or any other person or entity, if this is not the case.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate, display and distribute your user content in any existing or future media to third parties. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to info@reddotculture.com.

You represent and warrant that:

You own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of their and our respective licensees;
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of this Website.

We reserve the right to:

Edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website for any or no reason in our sole discretion;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Terminate or suspend your access to the Website for any or no reason, including without limitation, any violation of these Terms of Use

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

This website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. Any reliance you place on such information is strictly at your own risk. This Website may include content provided by third parties, including materials provided by other uses, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to the questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. All content, products, and services on the Website or obtained from a linked website are provided “as is” without warranty of either kind, expressed or implied.

You acknowledge and agree that RedDot 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

CHANGES TO THE WEBSITE

We may update the content of the Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.

LIMITATIONS OF LIABILITY

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website.

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our company, officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as our company.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless our company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms and conditions, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

VARIATION

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

LAW AND JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws of Philadelphia, Pennsylvania. Any disputes relating to these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania in each case located in the City of Philadelphia and County of Pennsylvania although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIM

Any cause of action or claim you hay have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, such provision shall be terminated or limited to the minimum extent such that the remaining provisions of the Terms of use will continue in full force and effect.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of Pennsylvania in the United States. We made no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal in certain countries. Users are responsible for compliance with local laws in the country in which they access the Website.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy and the Full Terms of Use, constitute the entire agreement between you and RedDot Culture with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, and supersede all previous agreements in respect of your use of this Website.