TERMS OF SERVICE
OVERVIEW
This website is operated by
AV3D Graphics. Throughout the site, the terms “we”, “us” and “our” refer to
AV3D Graphics. AV3D Graphics offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of
Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools
which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service 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.
Our store is hosted on Shopify
Inc. They provide us with the online e-commerce platform that allows us to sell
our products and services to you.
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 you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products
for any illegal or unauthorized 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 an 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 reproduce,
duplicate, copy, sell, resell or exploit 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.
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 – 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 certain
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. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 – MODIFICATIONS TO
THE SERVICE AND PRICES
Prices for our products & services are
subject to change without notice.
We reserve the right at any
time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you
or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 – PRODUCTS OR
SERVICES (if applicable)
Certain products or services
may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to
display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor’s display
of any color will be accurate.
We reserve the right, but are
not obligated, 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 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 reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
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 6 – 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.
For more detail, please review
our Returns Policy.
SECTION 7 – 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 8 – THIRD-PARTY LINKS
Certain content, products and
services available via our Service may include materials from third-parties.
Third-party links on this site
may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we do
not warrant and will 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 goods, services, resources,
content, 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 9 – USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send
certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation
to, monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 – PERSONAL
INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy. To view our
Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES
AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
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 or on
any related website has been modified or updated.
SECTION 12 – 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; or (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 13 – 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 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 and services delivered to you through the service are (except as
expressly stated by us) 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 AV3D
Graphics, 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, including, 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, or for any other claim related in any way
to your use of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of
their possibility. 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 14 – INDEMNIFICATION
You agree to indemnify, defend
and hold harmless AV3D Graphics and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless 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 15 – SEVERABILITY
In the event that any
provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless 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 16 – 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 also 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 (or any part thereof).
SECTION 17 – 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, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 – 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 # 63 Village Maheshpur Sector 21, Panchkula, HR, 134112 - India.
SECTION 19 – CHANGES TO TERMS
OF SERVICE
You can review the most
current version of the Terms of Service at any time at this page.
We reserve the right, at our
sole discretion, to update, change, or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT
INFORMATION
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