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Terms and Conditions for my-artstore.lk

1. General Provisions

Welcome to my-artstore.lk ("the Platform"). By accessing or using the Platform, you agree to comply with these Terms and Conditions ("Terms"). The Platform is operated by BT TRADE GLOBAL (PVT) LTD ("we", "us", or "our"), located at Level 2 No 192/10, 9th Lane, Nawala Road Nawala, Kotte, 10250. If you have any questions, please contact us at info@[email protected]. These Terms govern your use of the Platform and apply to all users, including visitors, registered users (Photographers and Buyers), and any other users accessing the Platform.

2. Definitions

  • Platform: The website my-artstore.lk, including all associated services, tools, and functionalities.
  • User: Any individual or entity that accesses or uses the Platform.
  • Photographer (Seller): A user who uploads and offers photographs for sale.
  • Buyer: A user who purchases photographs through the Platform.
  • Content: Any photograph, text, metadata, or other material uploaded to the Platform by a User.
  • Commission: A fee charged by the Platform on each sale made by the Photographer.
  • License: The rights granted to the Buyer for the use of purchased photographs, as defined by the Photographer.

3. User Accounts

3.1. Account Creation

Users must register for an account to use certain features of the Platform. Registration requires providing accurate, current, and complete information. Users are responsible for maintaining the confidentiality of their account login credentials. Any activity conducted through the account is the User's responsibility. Accounts are personal and non-transferable. Users are not permitted to share accounts with others.

3.2. Account Restrictions

We reserve the right to refuse registration or terminate accounts at our sole discretion, especially in cases of violation of these Terms or fraudulent activity. Users under 18 years of age must have parental or guardian consent to register.

3.3. Account Security

Users must immediately notify the Platform of any unauthorized access or use of their account. We are not liable for any loss or damage arising from unauthorized use.

4. Photographer (Seller) Obligations

4.1. Content Submission

Photographers may upload photographs for sale on the Platform. By uploading content, the Photographer certifies that they hold all necessary rights and permissions to sell the work. The Platform may specify technical requirements for content (e.g., resolution, file format). Photographers must ensure their content complies with these requirements.

4.2. Intellectual Property and Rights

Photographers retain ownership of their work but grant the Platform a non-exclusive, worldwide, royalty-free license to display, promote, and distribute the content for the purposes of facilitating transactions. Photographers are responsible for ensuring that their content does not infringe any third-party intellectual property rights, including copyright, trademarks, and privacy rights.

4.3. Content Compliance

Content must not include offensive, illegal, or prohibited material, including but not limited to: Nudity, explicit content, or pornographic material; Hate speech, defamation, or harassment; Content that promotes violence or illegal activities; Copyrighted or trademarked material without authorization. We reserve the right to remove or disable access to any content that violates these Terms or applicable laws without prior notice.

4.4. Sales and Commission

Photographers set the prices for their photographs. The Platform may impose minimum or maximum price limits. The Platform charges a commission on each sale, which will be deducted from the Photographer's payout. The commission rate is 8% and is subject to change with prior notice. Payments to Photographers will be processed within 24 hours after each sale, subject to the Platform's payment policies.

4.5. Payout Methods

Payments are made via the payout methods selected in the Photographer's account. Any transaction fees related to payout methods will be borne by the Photographer.

5. Buyer Obligations

5.1. Purchasing Content

Buyers may purchase photographs by following the checkout process on the Platform. By completing a purchase, the Buyer agrees to the terms of the license attached to the content.

5.2. Licensing

Photographs purchased from the Platform are licensed, not sold. The specific license rights (e.g., personal, commercial) are determined by the Photographer and will be stated at the time of purchase. Unauthorized reproduction, redistribution, or resale of the purchased photographs is prohibited unless explicitly permitted by the license.

5.3. Refunds and Disputes

All purchases are final. Refunds are only available under certain circumstances, such as technical issues that prevent the delivery of purchased content or significant defects in the file. Refund requests must be submitted within 30 days. Buyers and Photographers are encouraged to resolve disputes amicably. If a resolution cannot be reached, the Platform may intervene at its discretion, but the Platform is not liable for any losses or damages arising from such disputes.

6. Payments and Fees

6.1. Payment Processing

Payments for content purchases are processed by third-party payment service providers. The Platform does not store Users' payment details and is not responsible for delays or issues caused by third-party services.

6.2. Service Fees

In addition to the commission charged to Photographers, the Platform may impose service fees for Buyers. These fees will be clearly stated during the checkout process.

6.3. Currency and Taxes

All transactions on the Platform are conducted in USD. Buyers are responsible for any additional fees, such as currency conversion fees. Users are responsible for determining and paying any applicable taxes related to their transactions on the Platform, including sales tax, VAT, or income tax. The Platform does not provide tax advice.

7. Content and Intellectual Property

7.1. User-Generated Content

Users retain ownership of their content but grant the Platform a non-exclusive license to use, modify, display, and distribute the content for promotional purposes or for Platform-related activities.

7.2. Prohibited Uses

Users may not use content purchased or obtained from the Platform in a manner that violates the rights of others or breaches the licensing terms. Any unauthorized use may result in legal action.

7.3. Removal of Content

The Platform reserves the right to remove or disable access to content that violates these Terms, applicable laws, or third-party rights. Users may also request the removal of their content, but the Platform may retain copies for legal or administrative purposes.

8. Prohibited Activities

Users are prohibited from: Engaging in unlawful activities; Uploading or distributing harmful software (e.g., viruses, malware); Misrepresenting their identity or affiliation; Engaging in fraudulent activities or using fake accounts; Infringing on the intellectual property rights of others; Manipulating or interfering with the Platform's operations, such as through hacking, scraping, or reverse engineering.

9. Termination of Accounts

We reserve the right to suspend or terminate any User's account at our discretion, including but not limited to cases of violations of these Terms, illegal activity, or non-compliance with payment obligations. Upon termination, Users lose access to their accounts, and any remaining funds or content may be forfeited. Users may request account reinstatement, but approval is at the Platform's sole discretion.

10. Liability and Disclaimers

The Platform is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service, and we reserve the right to modify or discontinue services at any time. The Platform is not responsible for the accuracy, legality, or quality of content uploaded by Users. Buyers assume all risks associated with their transactions. The Platform disclaims liability for any indirect, incidental, or consequential damages, including but not limited to loss of income or data, arising from the use of the Platform.

11. Indemnification

Users agree to indemnify and hold the Platform, its affiliates, and its employees harmless from any claims, damages, liabilities, or expenses arising from their use of the Platform, including but not limited to intellectual property disputes, privacy violations, and breaches of these Terms.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. Any significant changes will be communicated to Users, and continued use of the Platform after such changes constitutes acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Sri Lanka. Any disputes arising from these Terms or the use of the Platform will be resolved through binding arbitration in Sri Lanka, with both parties sharing arbitration costs. Users agree to waive the right to a jury trial or class action.

14. Contact Information

For any questions, concerns, or disputes regarding these Terms, please contact us at [email protected].