TERMS & CONDITIONS

 

INTRODUCTION

This website is operated by Teesgraphy.com The terms “we”, “us”, and “our” refer to Teesgraphy.com The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions, or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors, and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

We reserve the right to add, delete, alter or modify these terms and conditions at any time.

You must be 13 years of age or older to access this website, and 18 years of age or older to use the artist.

Teesgraphy enables graphic artists to earn money from their artwork by making their artwork for sale in a variety of products without giving up control of their rights. We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all Teesgraphy users respect copyright. Whether you're an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on Teesgraphy.

You understand that all information, images, pictures, data, text, photographs, graphics, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. Teesgraphy does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Teesgraphy. When you submit, post, upload, display, or sell Content, you grant Teesgraphy a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this agreement.

Teesgraphy can not always manually review content before it's displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, vulgar, harassing, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

Teesgraphy reserves the right to review, and if necessary, remove any Content from the Website or to cancel your account at its sole discretion, either because that content breaches this agreement, or any applicable laws, or otherwise.

This means that you, and not Teesgraphy, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via Teesgraphy. Teesgraphy does not control the Content posted via Teesgraphy services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using Teesgraphy ’s services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Teesgraphy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Teesgraphy.

Teesgraphy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, Teesgraphy and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Teesgraphy or submitted to Teesgraphy, including, without limitation, information about Teesgraphy collaborations, posts, or in any other part of the Website.

We reserve the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and the User shall be informed of the same.

We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.

USE OF OUR WEBSITE

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website.

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Indian Rupees (INR).

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website.

 

LINKS TO THIRD-PARTY WEBSITES

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

 

USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

 

YOUR PERSONAL INFORMATION

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

 

ERRORS AND OMISSIONS

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

 

DISCLAIMER AND LIMITATION OF LIABILITY

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow the limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.

 

ENTIRE AGREEMENT

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

 

WAIVER

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

 

HEADINGS

Any headings and titles herein are for convenience only.

 

SEVERABILITY

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

 

GOVERNING LAW

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the INDIA without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Dilsukhnagar in the City of Hyderabad, Telangana and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 

IF YOU ARE A INDIAN RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:

Purpose:

This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Teesgraphy. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Teesgraphy shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, “Teesgraphy” means Teesgraphy and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Teesgraphy regarding any aspect of your relationship with Teesgraphy, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

 

Pre-Arbitration Dispute Resolution:

For all Disputes, whether pursued in court or arbitration, you must first give Teesgraphy an opportunity to resolve the Dispute. You must commence this process by mailing written notification to  9-72, Gayatri Nilayam, Lalitha Nagar, Dilsukhnagar, Hyderabad, Telangana 500060. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Teesgraphy does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

 

Arbitration Procedures:

If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre- Arbitration Claim Resolution”) either you or Teesgraphy may initiate arbitration proceedings. The INDIAN Arbitration Association (“IAA”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the IAA, for Disputes of less than ₹75,000, the IAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving ₹75,000 or more, the IAA’s Commercial Arbitration Rules will apply. In either instance, the IAA’s Optional Rules For Emergency Measures Of Protection shall apply. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because your contract with Teesgraphy, the Terms of Service, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

 

Arbitration Award:

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the

FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

Location of Arbitration:

You may initiate arbitration or file a case only in Telangana, India with a copy of the notification that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Teesgraphy initiates an arbitration, it may only do so in the federal judicial district that includes the address that you provide in your written notification of Pre- Arbitration Dispute Resolution.

 

Payment of Arbitration Fees and Costs:

Teesgraphy will only pay its arbitration amount which the arbitration center will declare. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Teesgraphy as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Teesgraphy your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

 

Class Action Waiver:

The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both you and Teesgraphy specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of Teesgraphy and/or user of Teesgraphy services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding without having complied with the opt-out requirements above.

 

Limitation of Procedural Rights:

You understand and agree that, by entering into this Arbitration Agreement, you and Teesgraphy are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Teesgraphy might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general, an arbitrator’s decision may not be appealed for errors of fact or law.

 

Severability:

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.

If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

 

Continuation:

This Arbitration Agreement shall survive the termination of your contract with Teesgraphy and your use of Teesgraphy services.

 

QUESTIONS OR CONCERNS

Please send all questions, comments, and feedback to us at Teesgraphy@gmail.com