Terms and Conditions

Updated April 26, 2010

SUMMARY (FOR NON-LAWYERS)

IdioCanvas follows and abides by prevailing copyright laws. That means that we will not print any image that you do not own the rights to or have permission to use. If you are not sure whether you own the copyright or have permission for an image you upload, you probably don't. We reserve the right to reject or refuse to print such images or images that do not comply with prevailing laws.

IdioCanvas also explicitly state that we do not own your work. Your images remain yours and uploading to our site does not imply transfer of ownership to us. We will never use, sell, print, or promote your images without your written prior consent. So we won't use your images without your knowledge and permission.

We may however keep your files in our secure servers for back-up purposes in case you need a reprint or your canvas print is damaged in shipment. If you want us to permanently delete your images from our server - please let us know when you place the order and we will comply. Files may get deleted periodically from our servers every 180 days without any notification. Please ensure that you have a back-up of your images.

If you send us a hard-copy of a document or image to be scanned - we will treat it with the utmost care and return it to promptly you (unless you state otherwise). We are however not liable or responsible for such files lost or damaged in transit.

All creative work on the IdioCanvas including content and images belong to IdioCanvas except in cases of Third Party artwork showcased on the site. All third party content belong to the owners. IdioCanvas will showcase such content only with explicit permission of the owner. No content or image from this site may be copied or reproduced without permission from the owners.

LAWYER STUFF

Acceptance of Terms

You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement") with respect to the Site. This Agreement constitutes the entire and only agreement between the Publisher and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content and Materials (as hereinafter defined), products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by the Publisher without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your using the Site, you are presumed to have notice of the latest version of this Agreement.

BY CONTINUING TO USE THE IDIOCANVAS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS as follows.

Eligibility

The IdioCanvas Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.

Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the IdioCanvas Services under their parents or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at info@idiocanvas.com.

User Account, Password, and Security

Upon creating a user account, you agree to provide IdioCanvas with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process. You are responsible for all activities that occur under your password or account. IdioCanvas cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

User Conduct

In using this Website, you agree to not:

a). upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise ("Content") that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

b). Upon creating a user account, you agree to provide IdioCanvas with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process. You are responsible for all activities that occur under your password or account. IdioCanvas cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

c). upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

d). upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

e). upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

upload, download, post, email or otherwise transmit false or misleading information;

e). disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

f). access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

g). disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites. Upon uploading Content, you acknowledge that IdioCanvas may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, IdioCanvas and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to IdioCanvas.

h). You acknowledge and agree that IdioCanvas may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of IdioCanvas, its users and the public.

i). You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

j). You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Site is not transferable or assignable.

Access.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available through the Site.

Payments.

You represent and warrant that if you are purchasing something from the Publisher or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Pricing.

Prices for products on IdioCanvas are described on our Site and incorporated into these Terms by reference. All prices are in Indian Rupees. Prices and products may change at IdioCanvas discretion.

Privacy Policy.

Your privacy is very important to IdioCanvas. Users of this Site should refer to our Privacy Policy for information about how IdioCanvas collects and uses personal information. By accepting this Agreement you expressly consent to IdioCanvas's disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by IdioCanvas, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.

You will retain ownership of the Content you upload to IdioCanvas. You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

All brand, product and service names used in this Site which identify IdioCanvas or third parties and their products are proprietary marks of IdioCanvas, and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of IdioCanvas or any third party with respect to any such image, logo or name. You shall not make any use of any IdioCanvas trademarks, logos, or trade dress without prior express and written approval by IdioCanvas.

Security;

Secure Payment

IdioCanvas does not store ANY payment related information on our servers. Your billing information is processed through a secure third party provider linked to your Debit or Credit Card provider or your Bank. Two-Step verification is a default.

Copyright and Intellectual Property Policy

IdioCanvas respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify IdioCanvas's Copyright team, and provide the following information ("Notice"):

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b) a description of the copyrighted work and/or trademark claimed to have been infringed;
c) a description of where the claimed infringing Content is located on our Site;
d) your address, telephone number, and email address
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

IdioCanvas's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: info@idiocanvas.com

Copyright Team

c/o IdioCanvas
Banjara Hills, Road no #11,
Hyderabad
Telangana - 500034

By phone: 8886465222
By email: info@idiocanvas.com

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT

YOU REPRESENT AND WARRANT THAT

(I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN.
(II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE.
(III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT.
(IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY.
(V) THE WORK IS NOT DEFAMATORY OR OBSCENCE.
(VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL.
(VII) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (DISCRIMINATORY CONTENT).

Indemnification

You agree to defend, indemnify and hold IdioCanvas and IdioCanvas's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without IdioCanvas's written consent.

Termination

You agree that IdioCanvas, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. IdioCanvas may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that IdioCanvas may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that IdioCanvas shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Links

The Site may provide, or third parties may provide, links to other websites or resources. Because IdioCanvas has no control of such sites and resources, you acknowledge and agree that IdioCanvas is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IdioCanvas 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Public Reputation

You acknowledge and agree that you will not use any product ordered from IdioCanvas.com in a way that would be damaging to IdioCanvas's public reputation or that of its employees, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from IdioCanvas in a public setting, including on the Internet, in a way which disparages IdioCanvas, its employees, shareholders or partners

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IdioCanvas AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IDIOCANVAS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT IdioCanvas SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF IdioCanvas, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT IDIOCANVAS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, IDIOCANVAS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT IDIOCANVAS MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDIOCANVAS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL IdioCanvas OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING IdioCanvas OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IdioCanvas HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Severability

If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Arbitration

Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by the Publisher to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hyderabad, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Publisher may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad, India necessary to protect the rights or property of you and the Publisher pending the completion of arbitration. Subject to the foregoing, the courts of Hyderabad, India shall have jurisdiction over any dispute arising hereunder.

General

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. IdioCanvas may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. IdioCanvas's failure to act with respect to a breach by you or others does not waive IdioCanvas's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and IdioCanvas, and supersedes all other communications, written or oral, with regard to the services provided by IdioCanvas.

Shipping Information

All items purchased through IdioCanvas are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on IdioCanvas shipment to the shipping carrier. We reserve the right to ship partial orders (at no additional cost to you).

Returns Policy

If the goods delivered are faulty or have been damaged in transit, then we will exchange the goods free of charge, providing the goods are returned to us within 7 working days from the date of delivery. We will not accept returns for any non-faulty items or for items that have been used. In all circumstances you must contact us at info@idiocanvas.com or fill appropriate form.

CANCELLATION

A Customer may cancel an order at any time before we start processing the order. Once the order is processed for printing, then there won't be any cancellation/ refund.