Terms of Service
1. Acceptance of Terms
1.1. Agreement. These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“You” or “User”) and Roshni Rao, if operating as a sole proprietorship] (“Company,” “We,” “Us,” or “Our”), operating the website https://byroshni.com/ . By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website. Your continued use of the Website constitutes your acceptance of these Terms.
1.2. Electronic Signature. Your access to and use of the Website acts as your electronic signature, indicating your acceptance of these Terms and your intention to be legally bound by them.
1.3. Age Requirement. By using the Website, you represent and warrant that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract with the Company.
2. Changes to Terms
2.1. Amendment. The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. Any changes will be effective immediately upon posting on the Website.
2.2. Notification. While the Company may provide notice of changes, it is your responsibility to periodically review these Terms for updates. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes.
3. Use of the Website
3.1. License. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.
3.2. Prohibited Conduct. You agree not to: * Use the Website for any unlawful purpose. * Attempt to gain unauthorized access to any portion of the Website. * Interfere with or disrupt the operation of the Website. * Use any automated system, including robots or spiders, to access the Website without the Company’s express written consent. * Infringe upon the intellectual property rights of the Company or any third party. * Upload or transmit any viruses, malware, or other harmful code. * Impersonate any person or entity.
4. Purchase of Artwork/Products/Services
4.1. Ownership of Physical Artwork. When you purchase an original artwork, you acquire ownership of the physical artwork.
4.2. Intellectual Property Rights. The Company retains all intellectual property rights in the artwork, including but not limited to copyrights, trademarks, and trade secrets. You are expressly prohibited from reproducing, distributing, creating derivative works, or digitally reproducing the artwork without the Company’s prior written consent.
4.3. Copyright. All artworks are protected by copyright. Copyright © Roshni Rao. All rights reserved.
4.4. Pricing and Payment. Prices for artworks and services are subject to change without notice. Payment must be made in full prior to delivery or commencement of services.
4.5. Shipping and Delivery. Shipping and delivery terms will be as specified at the time of purchase. The Company is not responsible for any delays or damages caused by third-party shipping carriers.
4.6. Returns and Refunds. The Company’s return and refund policy will be as specified on the Website or provided at the time of purchase.
4.7. Commissions. If you commission an artwork, the terms of the commission, including payment, timeline, and intellectual property rights, will be outlined in a separate agreement.
5. Disclaimer of Warranties
5.1. As Is. The Website and all content, products, and services provided on the Website are provided “as is” and “as available” without warranties of any kind, either express or implied.
5.2. No Warranty. The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
5.3. Limitation of Liability. To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website or any products or services purchased through the Website.
6. Limitation of Liability
6.1. Maximum Liability. In no event shall the Company’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website or purchasing products or services.
7. Indemnification
7.1. Indemnification. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Website or your breach of these Terms.
8. Intellectual Property
8.1. Ownership. The Website and its content, including but not limited to text, graphics, images, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
9. Governing Law
9.1. Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of [Your State/Jurisdiction], without regard to its conflict of law principles.
9.2. Dispute Resolution. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in [Your City, State].
10. Severability
10.1. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11. Entire Agreement
11.1. Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.
12. Contact Information
12.1. Contact. If you have any questions about these Terms, please contact us at help@byroshni