TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our ArtCentral’s use of cookies in accordance with the terms of ArtCentral’s privacy policy/ cookies policy.

License to use website

Unless otherwise stated, ArtCentral and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • 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 material on this website for a commercial purpose;
  • 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 within your organisation.

Acceptable 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, 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 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 ArtCentral’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

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

Restricted access

Access to certain areas of this website is restricted.  ArtCentral reserves the right to restrict access to other areas of this website, or indeed this entire website, at ArtCentral’s discretion.

If ArtCentral provides 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.

ArtCentral may disable your user ID and password in ArtCentral’s sole discretion without notice or explanation.

User Content

The term “User Content” shall refer to any materials you upload, post, or otherwise transmit to this website (the “Site”), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.

User Content Guidelines

Users of Photos to Art must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.

  • Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party’s rights of privacy or publicity.
  • Illegal Acts. Users shall not post or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
  • Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
  • Illicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.
  • Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
  • Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.
  • Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
  • Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.
  • Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.
  • Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.

The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines.

User Content Rights

You retain ownership rights to any images you upload, post, or otherwise transmit to the Site (“Image Content”). We will only use your Image Content for the purpose of processing and fulfilling your orders. However, if you upload, post or otherwise transmit non-image User Content like reviews or comments, we reserve the right to use such non-image User Content in any manner we deem appropriate, including in our marketing materials.

We reserve the right to preserve and/or disclose any and all User Content (including Image Content) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of ArtCentral.ae, its users or the public.

Access to Uploaded Images

Photos to Art is NOT an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images.

Reviews, Comments & Questions

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to info@artcentral.ae. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  ArtCentral makes 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, ArtCentral does 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.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

ArtCentral 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:

  • 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 ArtCentral has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ArtCentral’s liability in respect of any:

  • death or personal injury caused by ArtCentral’s negligence;
  • fraud or fraudulent misrepresentation on the part of ArtCentral; or
  • matter which it would be illegal or unlawful for ArtCentral to exclude or limit, or to attempt or purport to exclude or limit, its liability.

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, ArtCentral has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against ArtCentral’s 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 ArtCentral’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ArtCentral.

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 indemnify ArtCentral and undertake to keep ArtCentral indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ArtCentral to a third party in settlement of a claim or dispute on the advice of ArtCentral’s legal advisers) incurred or suffered by ArtCentral arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ArtCentral’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ArtCentral may take such action as ArtCentral deems 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

ArtCentral 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

ArtCentral may transfer, sub-contract or otherwise deal with ArtCentral’s 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.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition

Entire agreement

These terms and conditions , together with DOCUMENTS, constitute the entire agreement between you and ArtCentral in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the United Arab Emirates laws and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates.

Site Operation

United Arab Emirates is our Country of Domicile. Art Central For Fine Art Works & Picture Framing controls this Site from the U.A.E. Art Central For Fine Art Works & Picture Framing makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

Multi-currency Priced Transaction

The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

Purchases

Art Central For Fine Art Works & Picture Framing accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer Art Central For Fine Art Works & Picture Framing. All refunds will be made onto the original mode of payment.

Office Foreign Assets Control (Ofac) Sanctioned Countries

Art Central For Fine Art Works & Picture Framing will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries and  individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific

The cardholder must retain a copy of transaction records and Merchant policies and rules.

Your Account

If you use Art Central For Fine Art Works & Picture Framing Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.