Terms And Conditions
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of ArtWiz.co (“Website”), as owned and operated by Doogma Inc. (dba ArtWiz.co) The last update to our Terms of Service was posted on January 1, 2019.
We may amend our Legal Terms at any time without specific notice to you. The latest version will be posted on our Website and will be effective as of the date last updated. After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. You should periodically review our Legal Terms and if you do not accept our Legal Terms, you should discontinue your access to our Website and Service.
The terms, “us” or “we” or “our” refers to Doogma (dba ArtWiz.co), the owner of the Website.
Our “Service” is the web-based and hosted features and functionality that we offer to our Customers.
A “Customer” is an individual or business that uses our Service. A “Consumer” is a customer who buys or plans to buy a product from our Customer.
A “Visitor” is someone who merely browses our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our Service, are collectively known as our “Content”. We may refer to Content provided by our Customers as “Customer Content.” When we refer to our Website or Service, our Content is included by reference.
Our Legal Terms are governed by the United States’ Electronic Signature Signatures in Global and National Commerce Act, which also meets the EU Directive 1999/93/EC. As such, your use of our Website or Service does not require physical signature and by using our Website or Service, you consent electronically to our Legal Terms and waive any rights to signature-based defenses.
Our Intellectual Property
You understand and agree that our Website, Service, and related technologies are protected by United States and international copyright laws and is patent-pending and as such, you will not attempt to reverse engineer or otherwise copy our Website, Service, and related technologies other than is necessary for its use as intended by us. Any violation of this provision is grounds for subjecting you to civil and criminal action under current international copyright laws. You understand and agree that ArtWiz.co, and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States and international trademark law. You understand and agree that our Service is patent pending and that any attempt to duplicate, reverse engineer, or otherwise copy our Service is considered patent infringement.
No Liability for Access by Minors
ArtWiz.co is not responsible for determining the age of any users of our Website or Service and has no liability whatsoever should a minor use our Website or Service but would otherwise be prohibited due to the minor’s age.
General Content Disclaimer
The opinions expressed on our Website are strictly those of the person who gave them and are no way endorsed or otherwise supported by ArtWiz.co, other than that they appear on our Website.You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website or Service. Furthermore, you understand and agree that ArtWiz.co is no way liable for any advertisements, user-contributed materials, testimonials, and opinions you may see on our Website. You understand and agree that you rely upon any Content found on our Website solely at your own risk.
Customer Content represents our Customers’ own ideas and positions and is not in any way edited by ArtWiz.co, though we may remove content that is abrasive, inflammatory, racial, or violates state or federal laws. However, ArtWiz.co has no obligation to update any Content on our Website, and we do so at our sole discretion.
Our Website’s Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
Product Design and Colors
Due to the design and communication processes between our Customers and ArtWiz.co and because the accuracy of colors/designs that a Consumer may see will depend on their computer’s monitor, we cannot guarantee to our Customers and their Consumers that any final product will exactly match what was seen on a computer monitor. As such, ArtWiz.co is not liable should the color/design of the any product not meet with the expectations of our Customers and their Consumers. Customers are solely liable for insuring that any design offered to their Consumers through our Service does not infringe the intellectual property rights (trademarks or copyrights) of any third parties. Customers are also responsible for attaining suitable licensing for any fonts as used within our Service and for making sure that such use does not infringe the intellectual property rights (trademarks or copyrights) of any third parties. As a Customer, you assume sole liability as to the transmission of correct information to the design and colors through our Service and ArtWiz.co has no liability for improperly customized products due to incorrect information.
Product Liability Disclaimer
As a Customer, you assume sole liability as to whether the product you are allowing your consumers to customize is actually available and ArtWiz.co has no liability for the inability to fulfill orders due to lack of product. To the extent allowed by law, ArtWiz.co disclaims any and all liability for any products sold through our Customer’s websites. Both Customers and Consumers agree that they will at all times look to the manufacturers of any such products for any legal claims, including damages, injuries, or warranties, they may have regarding such products.
General Liability Disclaimer
ArtWiz.co is not liable in any manner for any content on our Website, including, but not limited to, Customer Content, factual information, 3rd party applications, viruses, etc. as posted on our Website or caused by users of our Website or Service, or in connection with third parties or by any of the equipment or programming associated with or utilized in our Website or Service. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Service, especially as a Consumer purchasing a product. ArtWiz.co is not responsible for the conduct, whether online or offline, of any user of our Website or Service.
Our Website or Servicemay be temporarily unavailable from time to time for maintenance or other reasons. While we will use commercially reasonable efforts to make sure our Website and Service are consistently available, ArtWiz.co assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications in your use of our Website or Service. ArtWiz.co is not responsible for any technical malfunction in your use of our Website or Service, including, but not limited to, access to our Website or Service and loss of Consumer order information. Under no circumstances will ArtWiz.co be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Service, or any interactions between Customers and their Consumers, or between users of our Website or Service, whether online or offline.
THE INFORMATION, CONTENT, FEATURES, AND FUNCTIONALITY FROM OR THROUGH OUR WEBSITE OR SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ArtWiz.co AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION ON OUR WEBSITE OR THROUGH OUR SERVICE. ArtWiz.co CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND SERVICE. ArtWiz.co DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS FOUND ON OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVICE, AND CORRESPONDING APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SERVICE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SERVICE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR OUR SERVICE FROM OR THROUGH OUR WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ArtWiz.co AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ArtWiz.co WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ArtWiz.co’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ArtWiz.co FOR THE PURCHASE GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Website
Our Website may contain links to other websites. You understand and agree that ArtWiz.co has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. These websites will have their own legal terms to which you must agree to use them. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that ArtWiz.co is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
Monitoring and Removal of Information
You understand and agree that ArtWiz.co reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages and chats that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Customers of our Website. You understand and agree that ArtWiz.co is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current Customers, unauthorized users, hackers, etc. Furthermore, you also understand and agree that ArtWiz.co is not responsible for the use of any personal information that a Customer may choose to post on our Website. However, you understand and agree that ArtWiz.co reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Promotional Lists and Newsletters
You understand and agree that by using our Website, your name may be placed on promotional lists to receive emails regarding our Website and any products and services offered through them, news from our affiliates, and the ArtWiz.co newsletter. If at any time you no longer wish to receive such emails, please contact us via email.
Rules of Conduct While Using Our Website
All users of our Website understand and agree to the following rules of conduct while using our Website:
- You agree to use our Website and Service solely for the purposes intended by us.
- You agree to abide by our Legal Terms.
- You agree to not use our Website or Service to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism except as intended by us
- You agree that you will only use the API and our related concepts and technology that we provide for interactions with our Service. Other than this, you agree to not use automated scripts to collect information from or otherwise interact with our Website.
- You agree to not harvest or collect email addresses or other contact information from users of our Website for the purposes of sending unsolicited emails or other unsolicited communications.
- You agree to not upload, post, or otherwise transmit any content to our ArtWiz.co, our Website, our affiliates, and Customers:
- That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
- That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- That interferes with or disrupts the ArtWiz.co Service, servers, or networks.
- That intentionally or unintentionally violates any applicable local, state, national or international law.
- Other than using our API, that collects, displays, or stores personal data about other users or third parties, through programmatic or any other means, including, but not limited to, addresses, phone numbers, email addresses, identification or tax numbers, and credit card numbers.
- That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
- That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service or which otherwise may expose ArtWiz.co and its users to any harm or liability.
- For Customers, you agree that while we do not claim ownership in any of your Customer Content, when you use our Service. However, you authorize and direct us to use your Customer Content as we deem necessary in order to facilitate providing you our Service. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to itan irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
- For Customers, you agree that your interaction with our Website or Service, in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ArtWiz.co and you.
- For Customers, you agree to provide us with a current email address that you have access to and actively monitor.
You agree to indemnify ArtWiz.co and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, claims from third parties about infringement of designs, and claims from your Consumers.
Release of Personal Information
Purchase of Service is on a monthly basis and therefore requires that you pay each month for its use. Payment is due at the beginning of each month you use our Service. You represent and warrant that when you make any payments to ArtWiz.co:
- You agree to pay the fees at our then-current prices as posted on our Website or provide to you as a quotation, including any applicable taxes
- You agree to provide true and complete credit information;
- You agree that fee will be honored by your bank or credit card company; AND
- You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
No Refund Policy
Generally, ArtWiz.co does not provide refunds for our Service. We do not provide refunds to your Consumers due to the customized nature of the products. As such, your website should clearly reflect a similar refund policy with regards to customizations that your Consumers acquire through your use of our Service.
ArtWiz.co has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service with your bank or credit card company, ArtWiz.co reserves the right to turn over all related materials to your bank and credit card company to show that the Service has been rendered to you as well as to turn over your information to authorities for fraud prosecution. In addition to our fees, you will also be liable for any administrative costs we incur in processing such charge-back.
Choice of Law
You agree that the laws of the State of Delaware in the United States are to be used with regards to any interactions with ArtWiz.co, our Website, and our Service.
Arbitration of Disputes
To the extent allowed by law, we each irrevocably waive any and all rights to trial by jury in any legal proceeding between the parties arising out of or related to our Website or Service. All disputes must be brought within one (1) year of the event giving rise to the dispute. If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our ArtWiz.co, our Website, or any products and services you purchase through them, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Wilmington, Delaware in the United States, in accordance with the commercial arbitration rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and ArtWiz.co. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to ArtWiz.co on or by our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, completing online forms or surveys, public postings, or emails sent to us by you (collectively, “Communication”) shall be and remain the property of ArtWiz.co. ArtWiz.co is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that ArtWiz.co may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, our Service, or for such other purposes as ArtWiz.co deems appropriate.
Customer acknowledges and agrees that during and after the term of this Agreement, ArtWiz.co shall have the right to use Customer’s name, logo, URL, Web site screen captures, ArtWiz.co, and description in Company’s marketing, publicity, and promotional activities and materials, including, but not limited to, press releases, marketing collateral, and print, radio and television advertisements, without further consent or approval of Customer. The parties understand and agree, however, that nothing in this Agreement shall obligate ArtWiz.co to actually use Customer’s name, statements or testimonials in connection with ArtWiz.co’s marketing.
Use of our Website and Service is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. ArtWiz.co has endeavored to comply with all legal requirements known to it in creating and maintaining our Website and Service but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website and Service is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website and Service in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by ArtWiz.co in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website or Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by ArtWiz.co in printed form.