Terms & Conditions

TERMS & CONDITIONS

The domain name www.88owlz.com (“Website”) is a site operated by ""88owlz"" , a company incorporated under laws of India with our registered office at M-31, basement, opposite arya samaj mandir, Greater Kailash-2, New Delhi-110048. (“Proprietorship Company/88owlz”).

The 88owlz enables the world's artists to earn money from their artwork by making it immediately and easily available for sale as a variety of products - without giving up control of their rights. We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all 88owlz users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on 88owlz.

By using the services on the www.88owlz.com, you are agreeing to the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, with 88owlz, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.

The 88owlz provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of 88owlz product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service.

CONTENT & COPYRIGHT POLICY

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. 88owlz does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through 88owlz. When you submit, post, upload, display, or sell Content, you grant 88owlz a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.

88owlz cannot always manually screen Content before it is displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

88owlz 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.

This means that you, and not 88owlz, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via 88owlz. 88owlz does not control the Content posted via The 88owlz services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using 88owlz services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 88owlz be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via 88owlz.

You understand that you will be exposed to Content from a variety of 88owlz users and that 88owlz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 88owlz with respect thereto, and agree to defend, indemnify and hold harmless 88owlz, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of 88owlz service.

While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.

88owlz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, 88owlz and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 88owlz or submitted to 88owlz, including, without limitation, information about 88owlz Store collaborations, posts, or in any other part of the Website.

You acknowledge, consent and agree that 88owlz may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of 88owlz, its users, and the public.

By using services of 88owlz, you agree to receiving promotional or information content relevant to 88owlz through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our the Terms of Service.

88owlz also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.

LIABILITY

You will not hold 88owlz responsible for other users' Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety, or legality of collaborations advertised, the truth or accuracy of users' Content, the ability of parties to deliver on collaborations, or that the parties will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions related to use thereof. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You must ensure that your access to the Website and 88owlz Service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process you employ for accessing 88owlz's service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms of Service.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.

TRADEMARKS

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from 88owlz to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with 88owlz.

TERMINATION OF ACCOUNT

88owlz may terminate your access to all or any part of its services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the service at any time. However, you shall continue to be bound by all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

88owlz will terminate your access to the site if you are determined to be, in 88owlz's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.

88owlz may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.

By accepting the terms and conditions, the user consents to pay 88owlz the complete amount for the order placed by them from 88owlz. However, 88owlz does not control the amount charged to the user by their bank related to the their purchase from 88owlz, to which 88owlz disclaims any liability in this regard.

88owlz EXCLUSIVE (“EXCLUSIVE”)

In addition to the other terms and conditions that govern the users of the Website, members of Exclusive also agree to the following terms and conditions:
The Exclusive membership is non-refundable and non-transferable.
No additional discount codes or discount coupons can be availed of by Exclusive members.
88owlz shall endeavour to offer all its products at discounted rates for Exclusive members. However, there may be certain circumstances where the rates offered to Exclusive members shall be the same as those offered to non-members. This includes but is not limited to circumstances where the final price is determined by the artist, where the product/design is unique and necessitates a higher selling price, where the product is available at a discounted rate even to non-members, etc.
88owlz reserves the right to terminate/suspend a user's Exclusive membership if we determine that the user has violated the rules of Exclusive or misused it in any way and/or has been involved in activities which are fraudulent/unlawful in nature. 88owlz's decision in this regard shall be final and binding. In such event, 88owlz shall refund the last amount paid by the user for joining/renewing their membership to Exclusive.
88owlz reserves the right to modify the terms and conditions of Exclusive at any point, without prior intimation to the users. In case of a substantial alteration of benefits to Exclusive members, 88owlz may, at its sole discretion, refund the last amount paid by the user for joining/renewing their membership to Exclusive.
88owlz reserves the right to alter or modify the cost of the Exclusive membership at any time, without prior intimation to the user."