Terms of Use
Warm welcome to the website KUADROS.COM (the "Site").
Kuadros offers you services in accordance with the notifications, terms, and conditions expressed in this agreement (the "Agreement"). Additionally, when you use any of our services (e.g., customer reviews), you are subject to the rules, policies, terms, and conditions applicable to that service you may use, and they are incorporated into this Agreement by this reference. . We reserve the right to modify this Site and revise these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE MEANS YOU ACCEPT ALL OUR TERMS AND CONDITIONS. THEREFORE, PLEASE READ OUR AGREEMENT CAREFULLY BEFORE CONTINUING.
USE OF THE SITE
When visiting our Site, you must ensure that you are at least 18 years of age or under the guidance of a guardian.
Subject to the stipulations of this Agreement, we hereby grant you a revocable, limited, non-transferable, and non-exclusive license to access the Site solely for the purpose of purchasing personal items sold on the Site and not for any profit-making use on behalf of a third party, except when prior permission is granted. The license granted will be revoked immediately without notice if it is found that you violate this Agreement.
Except for our prior permissions, you may not replicate, distribute, display, trade, rent, transmit, create derivative works from, translate, alter, apply reverse engineering, disassemble, decompile, or misuse this Site or any part of it unless we specifically grant you written permission. You may not use any of the information provided on the Site for commercial purposes or exploit the Site for the benefit of another business, except with our prior explicit permission. We have the exclusive right to refuse service, dissolve accounts, and/or cancel orders at our discretion, if we believe that customer behavior is abusive of applicable law or harmful to our interests.
You may not upload, disseminate, or otherwise advertise through this Site any Content, information, or other material that (a) infringes or violates the copyrights, trademarks, patents, service marks, trade secrets, or any property right of any person; (b) is defamatory, slanderous, threatening, obscene, indecent, or could induce any criminal or civil liability; or (c) contains errors, viruses, worms, trojans, backdoors, or other harmful codes or properties.
We provide content on this site exclusively for informational purposes. The presentations made or opinions articulated on this Site are the opinions of the person and may not reflect our opinions.
We do not certify that the descriptions, prices, editorial column of our products or any other matter on our Site, regardless of its source, are complete, accurate, reliable, or thematic. Our content is provided for informational purposes only and does not signify our endorsement of any product or service. You should not rely on such information in circumstances where factual errors may cause you losses (see DISCLAIMER AND LIMITATION OF LIABILITY). We are not responsible for the inaccuracy or deficiency in your search results, editorial content, user ratings (e.g., user product ratings), or other content on our Site.
You may be assigned a password and an account ID that will allow you to access and use specific parts of this Site. The use of your password or ID authorizes you to access and use the Site in accordance with the terms and conditions of this Agreement, and we are not obligated to investigate your authorization or basis for such access or use of our Site. You are solely responsible for access to this site by anyone using your password and ID, whether such access is authorized by you or not, including without limitation, all transmissions and communications and all obligations (including, among others, financial commitments). USE. You are solely responsible for protecting the security and confidentiality of your password and ID. You must alert us immediately to any illegal use of your password or ID or any other violation or threat to the security of the Site.
USER AGE
Our products and services are aimed at adult customers or with adult approval. Minors (that is, individuals under 18 years of age) may not use the Kuadros site without the supervision of a parent or legal guardian. Furthermore, we do not intentionally collect or solicit private information from children under 18 years of age nor do we deliberately grant such persons access for online registration nor post personal information on our websites. If we notice that a person under 18 years has provided personal information to any of the Kuadros sites, we will delete that information immediately.
REGISTRATION
Your registration is required for certain functions and services on KUADROS.COM. You agree, as part of the condition of use and registration, to be contacted for information regarding changes to this Agreement or the availability of new services on KUADROS.COM. You are responsible for your password used to access any secure section of the Site. You agree to protect your password from the knowledge of any third party. You accept full responsibility for any activity or proceeding under your password, whether or not you approved such actions. You will notify KUADROS.COM directly of any unlawful use of your password.
SITE SECURITY
Violation or attempted violation of the security of the Site is strictly prohibited. You are also prohibited from, without limitation, (a) accessing data not intended for such user or logging into a server or account for which the user does not have authorized access; (b) attempting to explore, scan, or analyze the vulnerability of a network or system or infringe on the security systems or authentication procedures with inadequate authorization; (c) attempting to deny service to any user, network, or host by sending a virus to the Site, overloading, "flooding," "bombing," "spamming," or "crashing"; (d) sending unsolicited emails, as well as promotions and/or advertising of services or products; or (e) forging any TCP/IP packet header or any part of the header information of any email posting or group news. A breach of system or network security is a punishable crime. KUADROS.COM will investigate such violations and may involve and assist law enforcement authorities in prosecuting users responsible. You agree to refrain from using any device, software, or routine that may interfere with or disrupt the proper functioning of this site or any activity on this site. In addition, you agree to refrain from the use or attempt to use any engine, tool, software, agent, or other applications or mechanisms (including, among others, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the proper search engine and search agents available at KUADROS.COM on this site and other generally available third-party web browsers (e.g., Microsoft Explorer or Mozilla Firefox).
ORDER ACCEPTANCE
Please note that certain orders may not be entertained and must be canceled. We reserve the full right of discretion to refuse or cancel any order for reasons known only to us. For your convenience, charges will not be made until your payment is authorized, your order accuracy is verified, and your order is shipped. Some reasons for canceling your order may include a limited amount of products available for purchase, an incorrect fact about the product or pricing information, or a fraud detected by our credit department. Checks or additional information may also be necessary before receiving any order. We will notify you if we cancel all or part of your order or if we require additional information to fulfill your order. If we cancel your order after charging you, we will refund you the exact amount to your original payment method.
When a replica of a painting is finished, a photographic sample will be sent to the customer for approval via email, whatsapp, or other means of communication. If within 72 hours the customer has not responded with approval to KUADROS or suggested modifications, the replica of the painting will be considered automatically approved by the customer, and it will be sent to the destination chosen by the buyer.
QUANTITY LIMITS AND DISTRIBUTOR SALES
KUADROS.COM reserves the discretionary right to limit the number of items purchased by a single person, one household, or a single order. These restrictions may apply to orders requested from the same account, the same credit card, the same billing and/or shipping address. We will notify our customers if we apply such limits. KUADROS.COM also reserves the discretionary right to prohibit the sale of our products to distributors or retailers. As a principle of these Terms of use, resale will be described as the purchase or proposed purchase of any product(s) from KUADROS.COM for resale of the same product(s) to a third party for commercial purposes.
EXPORT POLICY
We require your acknowledgment that products purchased on KUADROS.COM are subject to the laws and regulations of the customs department and export control of your country and also to the customs and export laws and regulations of the country that manufactures and/or receives our products. Your purchase implies your agreement to comply with applicable laws and regulations.
COPYRIGHTS AND TRADEMARKS
Unless otherwise notified, all Content, including intellectual matters, are protected by copyright, trademark, trade dress and/or property, license or control of KUADROS.COM, or its affiliates or third parties who have credited their materials on KUADROS.COM and are under the protection of international copyright laws. The compilation, including the collection and arrangement of all Content on the Site, is the absolute property of KUADROS.COM and is also under the protection of international copyright laws.
KUADROS.COM together with its contractors and licensors owns all intellectual property rights to all products, technology, content, text, programs, processes, and any material appearing on this Site. Visiting this site does not confer to anyone any license of intellectual property rights of KUADROS.COM or third parties.
The names and logos of KUADROS.COM and all labels, logos, and slogans related to products and services are exclusive trademarks or service marks of Kuadros. Any other mark and registration is the property of their respective companies. No trademark or service mark license is granted to anyone by any material on this Site. Access to this site does not imply any authorization to use any name, logo, or feature in any manner.
REVIEWS AND COMMENTS
Except for some explicit provisions mentioned in other parts of this Agreement or on the Site, your comments, feedback, and suggestions of any kind are and will be treated as non-confidential and non-proprietary, and we will have the full right of transferable and irrevocable use, copy, display, distribute, perform, publish, sell, transmit, lease, adapt, produce derivative works from such Submissions in any form and by any means and to translate, apply reverse engineering, modify, disassemble or decompile such Submissions. We automatically own the exclusive right to all submissions and it is irrevocable.
Along with the pertinent rights to any Submission, you also allow us to use the name you submit with any review, comment, or other relevant Content for that review, comment, or content. Posting a comment or review on this Site implies that you declare and warrant that you own or control all rights to the reviews, comments, and other Content and that the use of your reviews, comments, or other Content will not violate or infringe the rights of third parties. It is strictly prohibited to use a false email address, impersonate another person, or deceive us or third parties regarding the source of any Submission or Content. We may, but are not obligated to, remove or edit any Submission (including comments or reviews) for any reason.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
PAINTING IMAGES COPYRIGHT AND PERMISSION
Each painting on this website is in the public domain because its copyright has expired or is sold under license from the artist's estate. This applies to the United States, Canada, the European Union, and those countries with an author's copyright term of the author plus 70 years. If you see any painting in our gallery that you believe is not licensed/is protected by copyright, please contact us as soon as possible. Any copyrighted image will be removed immediately from our website in compliance with copyright laws.
TERMINATION AND EFFECT OF TERMINATION
We may immediately terminate the agreement or revoke any or all of your rights granted under this Agreement without prior notice, not only for any legal or equitable remedy but for reasons we know better, for which you will be denied immediate access and use of this site in whole or in part, revoking all passwords and account identification issued to you. The termination of this Agreement will not alter the respective rights and obligations (including, among others, payment obligations) of the parties arising prior to termination.
DISCLAIMER AND LIMITATION OF LIABILITY
Unless otherwise indicated, this website, the items offered here for sale, and the transactions that take place through it, are provided "as is". We make no representations or warranties of any kind, either implied or expressed, regarding the operation of our website or the content, information, materials, or items presented on this website.
To the extent permitted by applicable law, we disclaim all warranties, implied or express, including without limitation, implied warranties of merchantability and fitness for a particular purpose, non-infringement, quiet enjoyment, title, system integration, and data accuracy. This website may contain typographical errors, inaccuracies, or mistakes. We do not warrant that the content of our site is completely free of errors or uninterrupted.
To the maximum extent permitted by law, we are not liable for any damages of any kind that arise from the use of this website, including without limitation, incidental, exemplary, indirect, consequential, punitive, or special damages. To the maximum extent permitted by applicable law, our total liability to you for any damage (regardless of the cause of action) shall not exceed the amount you originally paid us during the month prior to the act that allegedly gave rise to our liability.
SCREEN / PRODUCT COLORS
Kuadros strives to present images as accurately as possible of our products. However, since our images are fully hand-painted, we cannot offer any guarantee that the colors and other details of the artwork you receive will match those of the original. Some minor variations will naturally be there.
INDEMNIFICATION
You agree to use your best efforts (as required by applicable law) to defend, indemnify, and hold KUADROS (which includes its subsidiaries, co-brand partners, affiliates, and anyone who may be contractually bound to Kuadros and its respective directors, officers, agents, and employees) harmless from and against any action, claim, and demand, including without limitation, any legal or accounting fees that may result from your use of the Site and/or your violation of the Terms of use and privacy policy, and/or caused by any and all content you post on Kuadros and/or the Site. KUADROS will notify you of any allegation, proceeding, or demand.
TYPOGRAPHICAL ERRORS
In the event of incorrect pricing or incorrect information about our products due to a typographical error or a slip in the pricing or product information, we reserve the right to refuse or cancel any product order at the incorrect price even after your order confirmation and the payment made through your credit card. In the event that you have already been charged, you must promptly refund the exact amount to your credit card account.
POSSIBLE SERVICE INTERRUPTION
Our website may not be available, delayed, limited, or hang sporadically for various reasons, including:
- hardware failures, computer failures (including your own PC), networks, servers, lines, and telecommunications links, and other mechanical or electronic devices;
- software failure for various reasons (errors, viruses, bugs, configuration failures, system incompatibility, applications or utilities, firewall operations or detection programs, undecipherable codes, or anomalies in individual documents or other content);
- system overload;
- damage caused by disasters such as bad weather, earthquakes, riots, wars, civil disturbances, accident, act of God, fire, explosion, water damage, mechanical malfunctions, or natural disasters;
- interruption of power supply or other essential services;
- strike or work stoppage (whether partial or total);
- government restrictions or other regulations, exchange edicts, court orders, or other human interference; or
- any other reason (whether related or unrelated to any of the above) outside of the control of KUADROS.COM.
LINKS TO OTHER SITES
We are not responsible for the content of any page outside the website or any other website with hyperlinks to or from KUADROS.COM. We do not endorse the visible links on the Site (which are for convenience only), nor to affiliates or our partners whose content, services, products, or providers may have a reference. The use of these hyperlinks to or from any page outside the website or any other website is at your own risk. We are not responsible for evaluating or examining, and do not guarantee the offers of these pages outside the website or any other website linked to or from the Site, nor are we responsible for the actions, products, content, or services of these pages and websites, and their privacy policies, terms, and conditions. We recommend that you carefully evaluate the terms and conditions and privacy policies of all pages outside the website and other websites.
SCRAPING / CRAWLING
Web scraping is allowed if done in accordance with the provisions of our robots.txt file, but scraping the website is strictly prohibited.
TERMINATING USE
KUADROS.COM may issue a notification, temporarily or indefinitely suspend, or even terminate, without prior notice, any User's right to access all or any page of the KUADROS.COM Site plus any account related thereto, for reasons known better to Kuadros.com, including abuse of the Terms of use, or if KUADROS.COM considers that such access would violate any applicable law or be harmful to the interests of, or potentially cause financial losses or legal liability to KUADROS.COM, any KUADROS.COM Provider or another user.
In specific instances, at the sole discretion of KUADROS.COM, KUADROS.COM may provide a written notice (a "Restriction Notice") to a User (a "Restricted User") to notify such Restricted User that (i) their right to access or use any part of the KUADROS.COM site has terminated, including the privilege to access, use, or create any account related thereto; (ii) that KUADROS.COM refuses to offer services to such restricted user; and (iii) any subsequent orders placed by a restricted user may be duly canceled. Other conditions may be relevant and will be set forth in the Restriction Notice.
PASSWORD AND ACCOUNT SECURITY
Each user who has an account on the KUADROS.COM site is responsible for (i) safeguarding the confidentiality and security of their account password (ii) preventing unauthorized access and (iii) maintaining the current email address linked to that account (the user must recognize the importance of keeping the email address updated because even if the user logs into their KUADROS.COM account with their previous email address, such user will not receive any communication regarding their orders and inquiries or other matters from KUADROS.COM).
The user acknowledges that he/she is fully responsible for all activities within the KUADROS.COM account of that User or within the interactive KUADROS.COM community.
NO RESALE
You understand and agree that without the express written permission of KUADROS you may not copy, reproduce, duplicate, sell, resell or use for commercial purposes, any area of this website, use, or access to the website.
REMEDIES
You agree that the corrective measures we may take by law for actual or possible violations of this Agreement would be inadequate and that we have the right to seek specific performance or judicial relief, or both, along with any indemnity to which we are legally entitled to recover, along with reasonable operational costs for any mode of dispute resolution, as well as, without limitation, attorney fees.
Our rights and remedies will not be exclusive, whether in equity or by law, as well as injunctive relief for damages, fees, and expenses for attorney services. No case of waiver of our rights or remedies will imply any commitment to grant a similar waiver in the future under these terms and conditions.
GOVERNING LAW
This site is established and operated by us in London, United Kingdom. Consequently, the laws of the United Kingdom will govern these disclaimers, terms, and conditions, without presenting any effect to the principles of conflicts of laws.
DISPUTES
Any dispute arising from your visit to the Site or the merchandise purchased through the Site will be subject to confidential resolution in the State of United Kingdom, and at the level and manner of your violation or threat of infringing our intellectual property rights, we may seek injunctive or other appropriate relief in any court and you agree to the exclusive jurisdiction and venue of such court. By this, you agree and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding jurisdiction and jurisdiction in the federal and state courts of Israel.
The ruling of the arbitrator will be final and binding and may be recorded as a judgment in any competent court. To the maximum extent permitted by applicable law, no award under this Agreement will be attached to an award involving any other party that is subject to this Agreement, whether through class action proceedings or otherwise. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising, related to or associated with the use of the Site or this Agreement will be filed within one (1) year after the origin of such claims or be permanently barred.
CHOICE OF LAW
This Agreement will be construed in accordance with the laws of the State of United Kingdom, regardless of any conflict in the provisions of the law. All disputes occurring under this Agreement will be resolved exclusively by the state and/or federal courts of the State of Israel. The waiver of any provision of the Agreement will not be considered a waiver of any other provision or the right of Kuadros Art Ltd. to strictly enforce each of the provisions herein. If any provision of this Agreement is found to be unenforceable or void for any reason, such provision will be severable, while all other provisions will remain in full force and effect. This Agreement encompasses the complete agreement between us regarding your use of the Site.
GENERAL
These Terms of use incorporate the comprehensive agreement among the involved parties and supersede all prior agreements and representations between them. The headings included in the Terms of use are intended solely for reference purposes and do not define or limit the scope of the section in any manner. In the event that any provision included in the Terms of use cannot be enforced for any reason, such provision will be modified but only to the extent necessary to make it enforceable and the other provisions of these Terms of use will fully apply and be effective. The failure of KUADROS.COM to act promptly in the event of a breach of these Terms of use by any person, including you, will not constitute a waiver and will not limit the right of KUADROS.COM to address such breach or any consequential breach. No waiver of any stipulation of this Agreement will be effective without a written note duly signed by Kuadros Ltda. This Agreement will be governed by the laws of Israel regardless of its conflicting provisions of laws. Parties bound to this Agreement accept the exclusive jurisdiction of the court of the United Kingdom.
OTHER RULES
You agree to observe all applicable laws and regulations regarding your access and use of KUADROS.COM and posting your content. You are prohibited from collecting personal data (including email addresses) from KUADROS.COM and in particular, you may not use the email addresses seen on our sites to invite users to join or increase their services. We own the right to examine any violation and challenge such breaches to the maximum extent of the law. We may assist legal personnel in prosecuting users guilty of violating the terms of this Agreement. You agree that KUADROS.COM is not obligated to monitor your use of KUADROS.COM, but reserves the right to do so in the interest of KUADROS.COM and to confirm your compliance with this Agreement or with applicable law or the requirement or order of a court, administrative agency or government. Unless we grant you explicit written agreement, you may not use any automated process (such as scripts) to access KUADROS.COM or obtain information from it.
SEVERABILITY
The provisions included in the Terms of use are separable. In the event that any provision is found to be wholly or partially unenforceable or invalid in any relevant jurisdiction, such provision will, according to that jurisdiction, be ineffective as a result of such impossibility of enforcement or invalidity without altering in any way the enforceability or validity of it in any other jurisdiction or operational provisions herein in any jurisdiction. If KUADROS.COM does not enforce or exercise any right or provision of these Terms of use, it will not operate as a waiver of such provision or right.
ACKNOWLEDGMENT
The Terms of use, along with all documents mentioned herein, represent the complete agreement between the User and KUADROS.COM and their mutual relationship and replace all prior statements or representations. The titles used in the Terms of use are for reference purposes only and will not alter the meaning of any term. "Including" means "including, without limitation".
MODIFICATION
KUADROS.COM reserves the exclusive right to alter, amend, or modify, at any time and without prior notice or liability, the content of the KUADROS.COM Site, including the published policies and Terms of use.