top of page

Welcome to prithakay.art

Terms & Conditions

Updated at 2024-07-18

 

General Terms

By accessing and placing an order with prithakay.art, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and prithakay.art.

 

Under no circumstances shall prithakay.art team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if prithakay.art team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

 

prithakay.art will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

 

These terms of service outline the rules and regulations for the use of prithakay.art's Website. These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, You expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

​

Definitions

For the purposes of this Terms And Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "The Company", "We", "Us" or "Our" in this Agreement) refers to prithakay.art.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. It is a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

  • Country: where prithakay.art or the owners/founders of prithakay.art are based, in this case is France.

  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet. Device refers to any internet connected device such as a phone, tablet, computer or any other device that can be used to visit prithakay.art and use the services.

  • Personal Data: any information that directly, indirectly, or in connection with other information - including a personal identification number allows for the identification or identifiability of a natural person.

  • Service: refers to the service provided by prithakay.art as described in the relative terms (if available) and on this platform.

  • Service Provider means any natural or legal person who processes the data on behalf of The Company. It refers to third-party companies or individuals employed by The Company to facilitate the Service, to provide the Service on behalf of The Company, to perform services related to the Service or to assist The Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to prithakay.art, accessible from www.prithakay.art

  • "Visitor", “User”, “Customer”, "You" and "Your" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

  • Party", "Parties", or "Us", refers to both the Visitor and ourselves, or either the Visitor or ourselves.

  • IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.

  • Personnel: refers to those individuals who are employed by prithakay.art or are under contract to perform a service on behalf of one of the parties.

  • Website: prithakay.art's site, which can be accessed via this URL: www.prithakay.art.

​

All terms refer to the offer, acceptance and consideration of payment/action necessary to undertake the process of our assistance to the Visitor in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Visitor's needs in respect of provision of The Company's stated services/products/content, in accordance with and subject to, prevailing law of France.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

​

Intellectual Property Rights

Other than content You own, which You may have opted to include on this Website, under these Terms, prithakay.art and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. If You wish to discuss, mention, or in any way refer to any material published in this website, You agree to cite the source as, and provide due credit to “www.prithakay.art”.

 

Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Us, its licensors or other providers of such material and are protected by France and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

​

Restrictions

You agree not to, and you will not permit others to:

 

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.

 

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing;

  9. Certain areas of this Website are restricted from access by You and The Company may further restrict access by You to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password You may have for this Website are confidential and You must maintain confidentiality of such information.

​

License

prithakay.art grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and prithakay.art ("we," "our," or "us") grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.

Unless otherwise stated, prithakay.art and/or it's licensors own the intellectual property rights for all material on prithakay.art. All intellectual property rights are reserved. You may view and/or print pages from www.prithakay.art for your own personal use subject to restrictions set in these terms of service.

You must not:

Redistribute content from prithakay.art (unless content is specifically made for redistribution).

​

Copyright Infringement Notice

As We ask others to respect our intellectual property rights, We respect the intellectual property rights of others. If you believe that material located on or associated with one of our products or services violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of our service. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

​

If you are a copyright owner or such owner's agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material You choose to display on this Website. With respect to Your Content, by displaying it, You grant The Company a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be Your own and must not be infringing on any third party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

No Warranties

This Website is provided “as is,” with all faults, and The Company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to You.

 

Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, We exercise no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.

​

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our affiliates and Our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

​

Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

​

Cookies

We employ the use of cookies. By using prithakay.art's website you consent to the use of cookies in accordance with prithakay.art's privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

​

We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non- essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

​

User Comments

  • This Agreement shall begin on the date hereof.

  • Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. prithakay.art does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of prithakay.art, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws prithakay.art shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

  • prithakay.art reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.

  • You warrant and represent that:

    • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

    • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

    • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

    • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

  • You hereby grant to prithakay.art a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

​

Hyperlinking to our Content

  • The following organizations may link to Our Website without prior written approval:

    • Government agencies;

    • Search engines;

    • News organizations;

    • Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

  • These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

  • We may consider and approve in our sole discretion other link requests from the following types of organizations:

    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

    • dot.com community sites;

    • associations or other groups representing charities, including charity giving sites,

    • online directory distributors;

    • internet portals;

    • accounting, law and consulting firms whose primary clients are businesses; and

    • educational institutions and trade associations.

​

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of prithakay.art; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

​

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

​

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to prithakay.art@gmail.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 1-7 days for a response.

​

Approved organizations may hyperlink to our Web site as follows:

  • By use of our Website name; or

  • By use of the uniform resource locator (Web address) being linked to; or

  • By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of prithakay.art's logo or other artwork will be allowed for linking absent a trademark license agreement.

​

Iframes

Without prior approval and express written permission, You may not create frames around Our Web pages or use other techniques that alter in any way the visual presentation or appearance of Our Website.

​

Content Liability

We shall have no responsibility or liability for any content appearing on Your use of the Website. You agree to indemnify and defend us against all claims arising out of or based upon Your use of the Website. No link(s) may appear on any page on Your use of the Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

​

In no event shall The Company,, nor any of its officers, directors and employees, be liable to You for anything arising out of or in any way connected with Your use of this Website, whether such liability is under contract, tort or otherwise, and The Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to Your use of this Website.

​

Indemnification

You hereby indemnify to the fullest extent The Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to Your breach of any of the provisions of these Terms. You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that You remove all links or any particular link to Our Website. You agree to immediately remove all links to Our Website upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to Our Website, You agree to be bound to and abide by these linking terms of service.

​

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

​

Disclaimer

To the maximum extent permitted by applicable law, We exclude all representations, warranties and conditions relating to Our website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • - limit or exclude Our or Your liability for death or personal injury resulting from negligence;

  • - limit or exclude Our or Your liability for fraud or fraudulent misrepresentation;

  • - limit any of Our or Your liabilities in any way that is not permitted under applicable law; or

  • - exclude any of Our or Your liabilities that may not be excluded under applicable law.

​

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

​

To the extent that the Website and the information and Services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature. We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

​

Payment

If You pay for any of Oour one-time payment plans, You agree to pay all fees or charges to Your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs Your use of the designated credit card account, and You must refer to that agreement and not these Terms to determine Your rights and liabilities with respect to Your Payment Provider. By providing us with Your credit card number and associated payment information,

 

You agree that We are authorized to verify information immediately, and subsequently invoice Your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify Us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on Our Site or by e-mail delivery to Your organization's administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You. No contract will exist between you and us for the Service until We accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.

​

Return and Refund Policy

Thanks for supporting us with your patronage. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you're exploring, evaluating, and purchasing our products. As with any shopping experience, there are terms and conditions that apply to transactions at our company. We'll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase from us, you agree to the terms along with our Privacy Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.

 

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any compensation to you.

​

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

 

Links to Other Websites

Our service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.

 

Changes To Our Terms & Conditions

 

You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

​

Modifications to Our service

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects. with or without notice and without liability to you.

​

Updates to Our service

We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable anya particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.

 

Third-Party Services

We may display include or make available third-party content (including data information applications and other products services). We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality. decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete alI copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

​

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

​

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

​

Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.

​

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

 

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS.

The term "dispute" means any dispute, action, or other controversy between You and Us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

​

Notice of Dispute

In the event of a dispute, You or Us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: prithakay.art@gmail.com. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.

​

Binding Arbitration

If You and Us don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

​

Submissions and Privacy

In the event that You submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Us without any compensation to You. We and Our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

 

Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

 

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, We shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, we shall immediately issue a credit to Your credit card account or other payment account in the amount of the charge.

 

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from Our offices in France. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access Our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between You and Us concerning its subject matter, and cannot be changed or modified by You. The section headings used in this Agreement are for convenience only and will not be given any legal import.

​

Contact Us

If you have any questions about the Terms of Use, You can contact us:

bottom of page