TERMS & CONDITIONS

TERMS & CONDITIONS

 

 

WEBSITE USAGE

Throughout the site the terms ‘DATEAGLE ART’ or ‘us’ or ‘we’ refers to the owner of the website whose registered address is 99 East Road, N1 6AQ. Our company UTR number is 8268140829 registered in England and Wales. The term ‘you’ refers to the user or viewer of our website.

By continuing to browse this site and/or purchasing something from us you are agreeing to comply with and be bound by the following Terms of Service, which with our Privacy Policy govern DATEAGLE ART’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not browse or shop from our website. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, customers, contributors of content, merchants and/or vendors.

Any new features which are added to the current store shall also be subject to the Terms of Service herein. You can review the most current version of these at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

TERMS OF SERVICE

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent allowing any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to copy, duplicate, exploit, reproduce, resell or sell any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 – ACCESS

The use of this site as a customer is free.

DATEAGLE ART strives to keep the site accessible and to customers 24/7 unless otherwise specified. However, please note that we may occasionally suspend the service wholly or partially temporarily for technical reasons, including for maintenance purposes, without being liable to customers.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, errors in advertisements, manufacturer price changes, product discontinuation and other extenuating circumstances. We may make these changes without notice.

All prices include VAT and shipping charges. Taxes and duties may apply.

SECTION 6 – PRODUCTS OR SERVICES

Certain products are available exclusively online through the website. These products may have limited quantities and are subject to return only according to our Shipping & Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 7 – USE OF CONTENT

DATEAGLE ART grants you a personal, non-exclusive, non-transferable, revocable, limited license, to do the following for your personal, non-commercial use only; to cache, distribute, print, reproduce, store and view content retrieved from this site via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with the restrictions on use described in these Terms of Service and that you do not ,and do not permit any third party to, remove or obscure the copyright notice or other notices displayed on such content.

You may not do any of the above with content retrieved from this site for any commercial purpose without the prior written permission of DATEAGLE ART or the copyright holder identified in the relevant copyright notice.

You agree not to modify the services that are provided on this site in any manner or to use modified versions of the services, including, without limitation, for the purpose of obtaining unauthorised access to the services. You agree not to access the services by any means other than through the interface provided by DATEAGLE ART for use in accessing the services.

Except as expressly provided in these Terms of Service, nothing on this site shall be construed as conferring any other license or right whether expressly, by implication or otherwise, with respect to any intellectual property rights belonging to DATEAGLE ART and/or its licensors. All rights not expressly granted herein are reserved.

SECTION 8 – COPYRIGHT AND INTELLECTUAL PROPERTY

All contents of this site including arborescence’s, graphics, HTML codes, illustrations, photographs or presentations are the exclusive property of DATEAGLE ART or its partners unless otherwise stated.

As such, representation, reproduction, nesting, distribution and redistribution, partial or total, is prohibited. Any person, entity or group doing so without being able to prove the express consent of the copyright holder will incur the penalties for copyright infringement under applicable law.

Any authorised reproduction of all or parts of the site's content, must bear the marking « Copyright DATEAGLE ART. All rights reserved », unless such requirement is expressly waived by the copyright holder.

In the same vein, the trademarks, logos and domain names on this site are trademarks of DATEAGLE ART or its featured collaborators. As such, any person, entity or group making any representation, reproduction, nesting, distribution or redistribution may incur the penalties provided under applicable law.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 – THIRD-PARTY LINKS

Certain content and products available via our service may include materials from third-parties. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).

We are not responsible for examining or evaluating the content or accuracy and we do not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of content, goods, resources, services or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – PERSONAL INFORMATION

Customers agree to deliver real, accurate, current information at the moment of their order and in particular not to use false names or addresses, or names or addresses without authorisation. They also agree to keep up to date the information provided to ensure accuracy of the service and not make available or distribute any unlawful, reprehensible (such as defamatory or racist information) or harmful (such as viruses) content in violation of applicable law.

When a customer adds information, it claims to be the rightful owner of the information provided or is duly authorised to make public, as well as being in position to accept these present terms. In case of a breach of these provisions, DATEAGLE ART may suspend or terminate the access of a customer to our services.

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 13 – PUBLICATION

The opinions expressed in our published works are those of the author(s) and do not always reflect the opinions of DATEAGLE ART and/or any of its affiliates. They are neither a legal interpretation nor a statement of any policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product availability, descriptions, offers, pricing, promotions, shipping charges and transit times. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose
(b) to solicit others to perform or participate in any unlawful acts
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
(h) to collect or track the personal information of others
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We also do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DATEAGLE ART, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless DATEAGLE ART and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services.

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales.


SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at studio@dateagle.art