Effective October 2009
Quda Art Llp ("Quda", "Us", "We" or "Our") welcomes you ("You" or "Your") to Our website ("Service"). You will find below the terms and conditions which You must accept before (and while) You use the Service.
We provide the Service to You, subject to the following terms and conditions ("Terms") which may be updated by Us from time to time without notice to You. The most current version of the Terms may be found at http://www.quda.co.uk/terms. Additionally, You will be subject to additional terms and conditions, including, but not limited to the terms and conditions which relate to other services We may offer to You from time to time ("Other Policies").
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age.
Quda acts as a venue to allow users who comply with Quda's policies to offer, sell, and buy art work and hand made crafts. Quda is not directly involved in the transaction between buyers and sellers. As a result, Quda has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Quda does not pre-screen users or the content or information provided by users. Quda cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Quda does not transfer legal ownership of items from the seller to the buyer. Quda cannot guarantee the true identity, age, and nationality of a user. Quda encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that Quda is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Quda. You use the Quda service at your own risk.
We provide a range of services (the "Quda Art service") including but not limited to, enabling you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of Our product fulfilment service including payment processing, transaction handling, and customer service. The digital content on the website ("content") may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users.
Any content that you upload into the portfolio section of your account is described as your "art". Your art may be viewed by all users of the website once you elect to publish it. You may offer your art or crafts for sale.
A valid credit card is required for paying accounts. A credit/debit card is not required to create or use a free account. The Service will be sent by invoice on a monthly basis and is payable through paypal and non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. If your monthly subscription charge is denied, we will attempt to re-charge your Credit Card two times before suspending or terminating your account.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
We provide the Service to provide information relating the products and services we offer. We will host the Service and may update the content, functionality, and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms and such Other Policies that accompany the new features.
You acknowledge and agree that the Service contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to the Terms, We grant to You a non-exclusive, non-transferable and terminable license to use the Service. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any third party or permitting any Person other than You to use the Service. We do not guarantee the accuracy, integrity or the usefulness of the Content available via the Service.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials ("Content") that You or a third party allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, "Your Content") is Your responsibility and not Our responsibility. We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service; however, We reserve the right to remove any Content available via the Service at any time. Circumstances under which We may remove Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Service, notification of possible infringement of another's rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, integrity or the usefulness of Your Content. You understand We may temporarily disable your account if You use more than 100 GB/transfer month.
You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Service at anytime without notice to You and that We will not be liable to You or to any third party for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Service; (b) comply with legal process; or (c) address claims from third parties that Your Content violates their rights.
You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate your use of the Service or any portion thereof.
You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a third party who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same.
You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service (the "Electronic Transmissions") to those persons to whom You have authorized Us in writing to disclose to.
You keep the copyright of any content you submit or upload to the website. In order to receive the Quda services you grant Quda a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the Quda website you represent and warrant that:
Quda reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.
QUDA may use images of your work including detail images & full images in their online and print promotional material.
Joining and uploading work on Quda is free. Quda charges a monthly subscription fee for using the Selling service. When signing up for the selling service you have an opportunity to review and accept the fees that you will be charged. Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Quda's services are effective after Quda provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Quda may choose to temporarily change the Fees Policy and the fees for Quda's services for promotional events (for example, free listing days); such changes are effective when Quda posts the temporary promotional event on the Site. Quda may, at Quda's sole discretion, change some or all of Quda's services at any time. In the event Quda introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Great British Pound (GBP).
You are responsible for paying all fees associated with using Quda. You will need to renew your membership monthly unless otherwise stated in correspondence from Us. If the seller's account is not paid in full for each month used, the seller risks penalties such as the suspension of privileges and/or termination of the account.
If Quda terminates your account, if you close your account, or if the payment of your Quda fees cannot be completed for any reason, you remain obligated to pay Quda for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact www.quda.co.uk/contact.
By listing an item on the Site you warrant that you and all aspects of the item comply with Quda's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Quda shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sellers are urged to outline shop policies for their for sale portfolio items. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All selling policies must comply with Quda's site-wide policies. Sellers are responsible for enforcing their own reasonable selling policies. Quda reserves the right to request that a seller modify a selling policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Quda transaction fees, misrepresent the item's location, or use another user's account without permission.
You are responsible for all taxes associated with Your use of the Service. If We are required to collect or pay any taxes relating to Your use of the Service, You will be charged for all such taxes. If You are tax exempt, you must provide Use with a valid tax exempt certificate authorized from the appropriate taxing authority.
Fees for the Service are to be paid monthly in advance. All payments due are in GBP unless otherwise indicated. We accept PayPal as a payment source. You authorize us to bill the payment source You provide to Us for all applicable fees. There are no refunds of any kind. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately.
You are responsible for: (a) the security of the Service We provide to You, including, but not limited to Your access and You are responsible for all activities that occur under the Service; (b) any act or omission by You relating to access to and use of the Service; and (c) implementing security and other policies and procedures necessary to limit access to the Service, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by Us or created as part of the Service. You agree to immediately notify Us of any attempted or actual unauthorized access or use of the Service and/or any other breaches of security. You acknowledge and agree that We will not be liable, directly or indirectly, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Service. You expressly consent to Our interception and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.
You may cancel Your use of the Service at any time by emailing email@example.com. We will then delete your personal log-in, profile, portfolios, galleries and images.
You are solely responsible for cancelling your account before the next invoice period. There will be no refunds of any kind. You understand and agree that We may immediately terminate Your right to use the Service without notice to You under certain circumstances, including, but not limited to:
If We terminate Your right to use the Service, You understand and agree that We may delete all of Your Content (and any Content associated with You) and that We will not be liable to You or any third party, for any termination of Your right to use the Service or for the deletion of Your Content.
Upon termination, We will have no further obligation to grant You any access to or use of the Service.
Quda does not control the Content provided by users that is made available on Quda. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Quda, you agree to accept such risks and that Quda (and Quda's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Quda. Please use caution, common sense, and practice safe buying and selling when using Quda.
Other Resources: Quad is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Quda does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Quda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.