4. User Account, Password, & Security
- 4.1. The Company may make the Products and/or Services available to You only if You have provided The Artique certain required
User information and / or created an account ("Account") through theartique.com ID and password or other log-in ID and password (collectively, the
"Account Information"). The sale of Products and/or Services may also be subject to procedures for use of the Website, Terms of Offer For Sale,
uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the
- 4.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all
activities that occur under Your Account. You agree to
- immediately notify theartique.com of any unauthorized use of Your Account Information or any other breach of security, and
- ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on
the Website through Your Account and/or in Your name shall be binding on You. theartique.com cannot and will not be liable for any loss or damage
arising from Your failure to comply with these conditions. You may be held liable for losses incurred by theartique.com or any other user of or
visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure
- 4.3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and
up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- 4.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or theartique.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
theartique.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website
(or any portion thereof).
9. Intellectual Property Rights
- 9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user
interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and
controlled by theartique.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is
protected by copyright, patent and trademark laws, and various other intellectual property rights.
- 9.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of theartique.com. You are not
permitted to use the Marks without the prior consent of theartique.com.
- 9.3. theartique.com owns all intellectual property rights to the trademark " theartique.com " and variants thereof, and the
domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models,
designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and
- 9.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display,
translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from theartique.com.
10. Disclaimer of Warranties & Liability
- 10.1 You expressly understand and agree that, to the maximum extent permitted by applicable law: You shall indemnify, defend and
hold harmless theartique.com from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by theartique.com that arise out of, result from,
or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant
to these Terms or any Additional Terms applicable to purchase of Products and/or Services, or any violation of the Terms and/or Terms of Offer for
Sale or other terms and conditions relating to the use of the Website and the purchase of Products.
- 10.2. In no event shall theartique.com, its officers, directors, employees, partners or agents be liable to You or any third
party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not The Artique
has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or
other tortious action, or any other claim arising out of or in connection with Your purchase of the Products and/or availing of any Services herein.
- 10.3. theartique.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or
account information or any products or services or materials, either with or without your knowledge. theartique.com shall not be responsible for the
delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information,
software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether
based on contract, tort, negligence, strict liability or otherwise. further, theartique.com shall not be responsible for non-availability of the
website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for
any reason. the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their
own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download
of such material or data. theartique.com is not responsible for any typographical error leading to any invalidity of any kind.
- 10.4. notwithstanding anything to contrary contained in these terms / terms of offer for sale or elsewhere, theartique.com
entire liability to you shall be limited to the amount of the moneys paid by you for or towards any product or service, in connection with which the
claim has arisen, which amount shall be refunded you, in case the claim is proven by an order of the court or any competent authority.
- 10.5. in no event shall theartique.com, its officers, directors, employees or agents, partners or suppliers be liable to you for
any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits,
whether or not foreseeable and whether or not theartique.com has been advised of the possibility of the same, (2) based on any theory of liability,
including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use
of or access to the website, services or materials.
- 10.6. the limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- 11.1. theartique.com may, in its sole discretion and without prior notice, terminate Your access to the Website if
theartique.com determines that You have violated the Terms or Additional Terms or any other duty owed to theartique.com. Any violation by You of the
Terms will constitute a breach, and will cause irreparable harm to theartique.com, for which monetary damages is likely to be inadequate, and You
consent to theartique.com obtaining any injunctive or equitable relief that theartique.com deems necessary or appropriate. These remedies are in
addition to any other remedies theartique.com may have at law or in equity.
16. Newsletters and Communications
- You hereby expressly agree to receive communications and newsletters from theartique.com by SMS and e-mails. You can unsubscribe
/ opt-out from receiving communications and newsletters from theartique.com at any time by following the procedure set forth in the newsletters.