Terms of service
Terms of Service
Last updated: July 15, 2026
Welcome to Digital Artwork Gallery.
These Terms of Service govern your access to and use of the Digital Artwork Gallery website, online store, digital products, content and related services.
Digital Artwork Gallery is operated by:
TP E-COMMERCE LLC
1309 Coffeen Avenue, STE 16772
Sheridan, Wyoming 82801
United States
Email: info@digitalartworkgallery.com
Phone: +1 (716) 354-1956
In these Terms, “Digital Artwork Gallery,” “we,” “us” and “our” refer to TP E-COMMERCE LLC operating as Digital Artwork Gallery.
“You” and “your” refer to any visitor, customer, purchaser, account holder or other person or entity accessing or using the website or our products and services.
By accessing the website, placing an order, downloading a product or otherwise using our services, you agree to these Terms.
If you do not agree to these Terms, you must not use the website, purchase a product or access our digital content.
Nothing in these Terms excludes, restricts or waives any consumer right that cannot lawfully be excluded, restricted or waived.
1. Scope of These Terms
These Terms apply to:
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Your access to and use of our website
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Browsing and viewing our product listings
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Purchases made through our online store
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Delivery and use of digital artwork files
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Communications with Digital Artwork Gallery
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Reviews, messages or other content you submit
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Promotions, discount codes and special offers
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Any related service expressly governed by these Terms
Certain activities are also governed by separate policies, including our:
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Commercial License
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Returns & Refund Policy
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Privacy Policy
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Product descriptions
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Checkout disclosures
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Any product-specific terms stated on an individual listing
Those documents form part of your agreement with us where applicable.
2. Eligibility and Legal Capacity
You must be at least 18 years old or the age of legal majority in your jurisdiction to place an order independently.
If you are under the applicable age of legal majority, you may use the website or purchase a product only with the authorization and involvement of a parent or legal guardian.
By using the website or placing an order, you represent that:
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You have the legal capacity to enter into a binding agreement
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The information you provide is accurate and complete
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You are authorized to use the selected payment method
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Your use of the website is lawful
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You are not prohibited from receiving our products under applicable law
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If acting for a company or organization, you are authorized to bind that entity
A person purchasing on behalf of a business accepts these Terms both personally, where applicable, and on behalf of that business.
3. Changes to These Terms
We may update these Terms from time to time to reflect changes in:
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Our products or services
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Our website or technology
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Our business practices
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Payment or delivery systems
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Applicable laws or regulatory requirements
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Security or fraud-prevention measures
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Third-party service-provider requirements
The “Last updated” date identifies the current published version.
Changes generally apply from the date they are posted.
The version in effect when an order is placed will ordinarily govern that transaction, except where:
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A later change is required by law
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You expressly agree to the later version
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The later version grants additional rights without imposing material new obligations
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Continued website use is governed by the then-current version
Material changes will not retroactively remove rights already granted under a completed purchase unless permitted or required by applicable law.
4. Website Access and Availability
We aim to keep the website and store reasonably available, but continuous or uninterrupted access is not guaranteed.
We may temporarily or permanently modify, suspend or discontinue any part of the website for reasons including:
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Maintenance
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Security updates
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Technical problems
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Platform changes
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Service-provider interruptions
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Product updates
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Legal or regulatory requirements
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Fraud prevention
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Business decisions
We are not responsible for access interruptions caused by circumstances outside our reasonable control.
We may restrict access from particular devices, accounts, locations or networks where reasonably necessary to protect:
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The website
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Our customers
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Payment systems
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Digital files
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Intellectual property
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Security
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Legal compliance
5. Digital Products
Unless a product page expressly states otherwise, Digital Artwork Gallery sells digital artwork files only.
A standard purchase does not include:
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A physical print
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A frame
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A canvas
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Printing services
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Shipping
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Physical delivery
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Installation
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Custom editing
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Custom resizing
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Exclusive ownership
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Copyright transfer
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Trademark rights
Product mockups may show artwork displayed in rooms, frames, products or other environments. These images are illustrative presentation examples only.
The product you receive is the digital file described in the applicable listing.
6. Product Information
We make reasonable efforts to describe each product accurately.
Product listings may include information concerning:
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Artwork appearance
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File format
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Pixel dimensions
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Orientation
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Aspect ratio
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Approximate print performance
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Included files
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Commercial usage rights
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Delivery method
Product images may be resized or compressed for website display.
The website preview is not necessarily the full-resolution file and should not be used as a substitute for the purchased download.
Although we aim to avoid errors, product descriptions may occasionally contain:
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Typographical errors
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Incorrect dimensions
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Pricing errors
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Technical inaccuracies
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Display errors
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Outdated information
We may correct errors and update information at any time.
If an error materially affects an order already placed, we may contact you and offer an appropriate correction, replacement, cancellation or refund.
7. Mockups, Screens and Color Representation
Product mockups are intended to show how an artwork might appear when printed, framed, displayed or incorporated into a product.
Mockups may not represent:
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Exact physical scale
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Exact frame dimensions
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Exact cropping
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Exact surface texture
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Exact printed color
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Exact lighting
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Exact production results
Colors may vary between:
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Screens
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Devices
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Browsers
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Displays
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Printers
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Paper types
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Canvas
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Ink systems
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Production methods
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Lighting environments
We do not guarantee that a printed product or another device will reproduce colors exactly as they appear on your screen.
Reasonable variations in color, brightness, contrast or physical presentation do not necessarily indicate a defective digital file.
8. Orders and Contract Formation
Submitting an order is an offer to purchase the selected product under these Terms and the applicable policies.
An automated order confirmation acknowledges receipt of the order but does not necessarily mean that the order has been finally accepted.
An order is accepted when:
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Payment is successfully authorized or received; and
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The purchased digital content is made available for delivery,
unless we notify you that the order cannot be accepted.
We may decline, cancel or limit an order before delivery where reasonably necessary, including where:
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Payment cannot be authorized
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The transaction appears fraudulent
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The product is unavailable
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The price or description contains a material error
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The order violates these Terms
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The purchase appears intended for prohibited redistribution
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Applicable law prevents the transaction
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A technical issue makes delivery impossible
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The customer is subject to applicable trade or payment restrictions
If we cancel a paid order before delivery, we will ordinarily refund the amount received for the cancelled item.
9. Product Availability and Withdrawal
Products may be added, modified or removed from the store at any time.
We do not guarantee that an artwork will remain available for future purchase.
Removing an artwork from future sale does not ordinarily terminate a valid existing Commercial License.
However, we may suspend or withdraw a file where we reasonably believe that:
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The product was published in error
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The file creates a material legal risk
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Continued distribution may infringe third-party rights
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A court or authority requires removal
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The product has been compromised
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Fraud or unauthorized access is involved
Where an existing purchaser is materially affected, we may provide an appropriate remedy in accordance with applicable law and our Returns & Refund Policy.
10. Prices
Prices are displayed in the currency shown on the website or during checkout.
The currency presented to you may depend on:
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Your location
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Store settings
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Payment-provider settings
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Currency-conversion services
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Browser or device settings
The final amount payable will be displayed before you submit the order.
Unless expressly stated otherwise, displayed prices do not include fees imposed independently by your:
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Bank
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Card issuer
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Payment provider
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Currency-conversion provider
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Internet service provider
We may change product prices at any time. A price change does not affect an order already accepted, except where the original price was clearly erroneous and applicable law permits correction.
11. Taxes
Applicable sales tax, value-added tax, goods and services tax or similar transaction taxes may be:
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Included in the displayed price
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Calculated during checkout
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Collected by us
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Collected by a payment or commerce platform
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Payable directly by you where not collected at checkout
Tax treatment may depend on:
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Your billing location
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Your residential or business status
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The applicable jurisdiction
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The product classification
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The information supplied during checkout
You are responsible for providing accurate billing, tax and location information.
Business customers requesting tax treatment based on a registration number or exemption must provide valid documentation where required.
12. Payment
You agree to provide current, complete and accurate payment and billing information.
By submitting payment details, you represent that:
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You are authorized to use the payment method
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The information provided is correct
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The payment is not fraudulent
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The transaction does not violate applicable law
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You authorize the applicable amount to be charged
Payments may be processed by independent payment processors.
We generally do not directly receive or store complete payment-card details. Payment processing may be subject to the processor’s own terms and privacy practices.
A payment may be:
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Authorized
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Declined
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Reviewed
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Delayed
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Reversed
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Refunded
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Subject to additional authentication
We are not responsible for a payment provider’s independent decision to decline or delay a transaction.
13. Fraud Prevention and Verification
We may use reasonable fraud-prevention and order-verification measures.
We may request additional information where an order presents indicators such as:
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Inconsistent billing information
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Unusual purchasing activity
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Multiple failed payment attempts
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High-risk payment signals
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Suspected unauthorized use
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Automated purchasing behavior
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Prior chargeback abuse
We will not ask you to send account passwords, full payment-card numbers or card security codes by ordinary email.
Failure to provide reasonably requested verification may result in an order being delayed or cancelled.
14. Discount Codes and Promotions
Discount codes and promotional offers:
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Apply only during the stated promotional period
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May be limited to specific products
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May be limited to one use per customer
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May not be combined unless expressly stated
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Have no cash value
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May not be sold or transferred
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Must be entered before completing checkout
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May be cancelled if obtained or used improperly
Discounts are not ordinarily applied retroactively to completed orders.
We may refuse or cancel a promotion where:
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A code was published or distributed without authorization
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A technical error created an unintended discount
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The offer is used fraudulently
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The customer does not meet the stated conditions
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Applicable law requires the offer to be withdrawn
Any refund is ordinarily based on the amount actually paid, not the product’s undiscounted price.
15. Digital Delivery
Digital products are generally made available after successful payment confirmation.
Delivery may occur through:
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The checkout confirmation page
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An order-status page
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An email containing a download link
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A customer account
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A secure digital-delivery service
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Another electronic method stated during checkout
Delivery is considered completed when the file or functional download access is made available to the email address or account supplied with the order, subject to mandatory applicable law.
You are responsible for:
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Providing a valid email address
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Checking spam or junk folders
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Maintaining access to the email account used
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Using a compatible browser or device
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Maintaining sufficient storage space
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Downloading the file within any stated access period
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Keeping a secure backup
If you do not receive access after successful payment, contact us at info@digitalartworkgallery.com.
16. Immediate Performance and Withdrawal Rights
By requesting immediate delivery, you ask us to begin supplying the digital content without waiting for the end of any otherwise applicable cancellation or withdrawal period.
Where required by applicable law, checkout will request that you expressly:
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Consent to immediate digital delivery; and
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Acknowledge that your cancellation or withdrawal right may be lost once supply, access or downloading begins.
This provision does not remove rights that remain available where digital content is:
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Faulty
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Corrupted
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Not delivered
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Materially different from its description
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Otherwise non-conforming under mandatory applicable law
Our Returns & Refund Policy provides further information.
17. Download and File Responsibilities
After receiving the product, you should:
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Download the original file promptly
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Confirm that it opens correctly
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Retain the order confirmation
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Store a secure backup
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Keep the file protected from unauthorized access
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Avoid sending the master file through services that compress images
We are not responsible for loss or degradation caused after delivery by:
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Deleting the file
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Losing account or email access
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Device failure
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Storage failure
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Compression
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Customer editing
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Re-exporting
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Screenshots
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Incompatible software
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Unauthorized sharing
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Third-party platform processing
We may assist with replacement access where reasonably possible, but indefinite download hosting is not guaranteed unless expressly stated.
18. Commercial License
Your purchase of an eligible artwork includes the usage rights stated in the applicable Commercial License.
The Commercial License governs matters including:
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Personal use
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Commercial use
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Physical end products
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Digital promotional use
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Print-on-demand use
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Client projects
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Modifications
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File sharing
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Digital resale
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Redistribution
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Sublicensing
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Artificial-intelligence dataset use
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Trademark use
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Non-exclusive licensing
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Termination of license rights
Purchasing a digital file does not transfer ownership of Digital Artwork Gallery, TP E-COMMERCE LLC, the website, our systems or our proprietary workflows.
You may create and sell permitted finished end products under the Commercial License.
You may not resell, share, redistribute or sublicense the original digital artwork file except where expressly authorized in writing.
Where these Terms conflict with the Commercial License regarding use of an artwork, the Commercial License controls.
19. Effect of Refunds, Reversals and Chargebacks
If an order is fully:
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Refunded
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Cancelled
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Reversed
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Charged back
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Determined to be unauthorized
the Commercial License associated with that purchase terminates unless we state otherwise in writing.
After termination, you must:
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Stop using the affected artwork
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Stop creating new end products
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Stop distributing unauthorized digital content
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Delete the original file and working copies
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Require contractors to delete their copies
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Remove uses that are no longer authorized
A legitimate right to dispute an unauthorized or incorrect charge is not restricted.
However, initiating a payment dispute does not permit continued use of a product for which payment has been reversed.
Where possible, contact us first so that we can investigate and attempt to resolve the issue.
20. Returns and Refunds
Digital products cannot be physically returned.
Refunds, replacements, redelivery and technical assistance are governed by our Returns & Refund Policy.
Except where applicable law requires otherwise, refunds are not normally provided after digital access has been supplied for reasons such as:
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Change of mind
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Accidental purchase
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Personal preference
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Incorrect frame or print-size selection
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Required cropping
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Lack of suitable software
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Dissatisfaction with third-party printing
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Marketplace rejection
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Failure to achieve expected commercial results
This section does not limit remedies available for digital content that is faulty, corrupted, not delivered or materially not as described.
Where these Terms conflict with the Returns & Refund Policy on a refund-related question, the Returns & Refund Policy controls.
21. Permitted Website Use
You may use the website for lawful personal or business purchasing purposes.
You may:
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Browse product listings
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Review product information
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Purchase products
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Contact us
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Use ordinary website navigation and search functions
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Download products you have lawfully purchased
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Link to publicly accessible pages in a lawful manner
Your access is limited, revocable, non-exclusive and non-transferable.
No website access grants ownership of site content, technology or underlying systems.
22. Prohibited Website Conduct
You must not:
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Use the website for unlawful or fraudulent purposes
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Interfere with the website’s operation
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Attempt to gain unauthorized access
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Circumvent security or download restrictions
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Introduce malware, malicious code or harmful content
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Conduct denial-of-service activity
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Probe or test vulnerabilities without written authorization
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Scrape or harvest restricted data
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Use automated systems to place abusive or fraudulent orders
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Copy or reproduce substantial parts of the store without permission
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Impersonate another person or business
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Submit false account or payment information
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Manipulate reviews or product ratings
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Abuse promotional codes
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Attempt to extract proprietary prompts, workflows or system instructions
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Reverse engineer non-public technical systems
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Use the website to infringe intellectual-property rights
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Resell unauthorized access to products or accounts
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Share protected download links publicly
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Remove ownership, license or rights-management information
Ordinary search-engine indexing and other activity expressly authorized by us are not prohibited.
23. Accounts
If account functionality is offered, you are responsible for:
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Providing accurate information
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Maintaining the confidentiality of login credentials
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Restricting access to your device
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Keeping account information updated
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Notifying us of suspected unauthorized access
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Activity conducted through your account
You must not sell, transfer or share an account in a manner that enables unauthorized access to purchased files.
We may suspend or close an account where reasonably necessary because of:
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Fraud
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Security risk
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Repeated violations
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Unauthorized file sharing
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Payment abuse
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Legal requirements
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Prolonged inactivity
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Discontinuation of account functionality
Account closure does not authorize continued use of products where the underlying Commercial License has terminated.
24. Intellectual Property in the Website
The website and its content may include:
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Business names
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Logos
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Branding
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Product descriptions
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Page designs
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Graphics
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Artwork previews
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Mockups
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Photographs
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Text
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Layouts
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Code
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Databases
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Selection and arrangement
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Download-delivery systems
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Proprietary workflows
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Art GPT-related materials
To the fullest extent permitted by applicable law, these materials are owned, controlled or lawfully used by TP E-COMMERCE LLC or its licensors.
You may not reproduce, publish, distribute, sell, modify or commercially exploit website content except:
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As expressly permitted by these Terms
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Under the Commercial License for a purchased artwork
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With our prior written authorization
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Where applicable law independently permits the use
No implied license is granted merely because content is publicly viewable.
25. AI-Assisted Artwork and Proprietary Art GPT
Digital Artwork Gallery openly uses artificial-intelligence-assisted processes in the development of its artworks.
Our proprietary Art GPT system is designed to originate and coordinate artistic direction, including elements such as:
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Subject selection
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Composition
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Visual hierarchy
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Atmosphere
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Stylistic direction
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Orientation
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Narrative character
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Presentation logic
The use of AI-assisted methods does not grant customers access to:
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Our Art GPT
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System prompts
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Internal instructions
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Model configurations
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Automation logic
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Selection systems
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Quality-control methods
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Proprietary datasets
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Non-public production workflows
You may not attempt to extract, reconstruct, duplicate or commercially exploit these systems through the website, product files or communications.
26. Artwork Ownership and Copyright Status
The legal protection available for AI-assisted material may depend on:
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The applicable jurisdiction
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The nature of the material
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The degree of human creative contribution
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Selection and arrangement
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Human editing or modification
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Other factual circumstances
We do not represent that every individual visual element of every artwork is independently registrable as copyright in every jurisdiction.
Digital Artwork Gallery grants only the contractual and intellectual-property rights that it is legally entitled to grant.
To the fullest extent permitted by law, TP E-COMMERCE LLC reserves the rights and contractual controls it lawfully holds in relation to:
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Supplied digital files
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Human-authored elements
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Human selection and arrangement
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Human modifications
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Product preparation
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Preview images
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Mockups
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Product descriptions
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Branding
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Website content
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Proprietary systems and workflows
Purchasing a product does not transfer authorship, copyright ownership, trademark ownership or exclusive ownership unless a separate signed written agreement expressly states otherwise.
27. Non-Exclusive Products
Unless a product page expressly states otherwise, artworks are offered under a non-exclusive Commercial License.
This means:
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The same artwork may be purchased by other customers
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We may continue displaying and licensing the artwork
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Your purchase does not reserve the design exclusively
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Other licensees may use the artwork in overlapping product categories
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Modification does not automatically create exclusivity
Do not use an unmodified or minimally modified artwork as an exclusive trademark, logo or source identifier without obtaining independent legal advice and any required written rights.
28. User Messages, Reviews and Other Submissions
You may be able to submit:
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Reviews
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Testimonials
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Questions
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Feedback
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Suggestions
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Images
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Project examples
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Customer-support messages
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Other content
You retain any ownership rights you lawfully hold in your submission.
By voluntarily submitting non-confidential content for public display, you grant us a non-exclusive, worldwide, royalty-free license to:
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Host
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Store
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Reproduce
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Display
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Format
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Moderate
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Publish
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Translate
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Use for website operation
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Use in reasonable marketing connected with Digital Artwork Gallery
This license lasts only for as long as reasonably necessary for the applicable purpose, except for archival, legal or already-produced marketing materials.
You represent that your submission:
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Is accurate where presented as factual
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Does not violate another party’s rights
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Does not contain unlawful material
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Does not contain malware
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Does not disclose confidential information without authorization
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Does not falsely impersonate another party
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Is not submitted in exchange for an undisclosed incentive
We may remove or decline to publish submissions at our discretion, subject to applicable law.
29. Feedback and Suggestions
If you provide suggestions concerning:
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Website features
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Product ideas
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Store improvements
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Artistic systems
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Workflows
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Technical functionality
you understand that we may already be considering similar ideas.
Unless a separate written agreement states otherwise, general feedback is not submitted in confidence and does not create:
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A fiduciary relationship
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An employment relationship
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A partnership
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A royalty obligation
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A duty to adopt the suggestion
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Exclusive rights in broad ideas or concepts
This section does not transfer ownership of material that is independently protected and clearly identified as confidential before disclosure.
30. Third-Party Services
Our website may rely on third parties for functions such as:
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Hosting
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Commerce infrastructure
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Payment processing
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Digital delivery
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Email delivery
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Analytics
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Fraud prevention
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Customer support
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Currency conversion
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Tax calculation
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Advertising
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Social media
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Printing referrals
Third-party services are operated independently and may be governed by their own terms and privacy policies.
We are not responsible for:
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Independent service interruptions
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Payment-provider decisions
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Third-party security incidents outside our control
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External platform policies
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Changes made by third-party providers
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Products or services purchased directly from third parties
Your use of a third-party service may create a separate agreement between you and that provider.
31. External Links
The website may contain links to third-party websites, services or resources.
A link does not necessarily mean that we:
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Endorse the third party
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Control its content
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Guarantee its accuracy
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Guarantee its security
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Accept responsibility for its services
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Approve every statement on the linked site
You access external websites at your own discretion.
Review the third party’s terms, policies and security practices before supplying personal information or making a purchase.
32. Printing and Manufacturing Providers
You may use independent printers, manufacturers, print-on-demand platforms and contractors to create permitted end products.
You are responsible for:
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Selecting the provider
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Reviewing its terms
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Checking file requirements
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Reviewing crop previews
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Selecting materials
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Confirming color settings
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Ordering proofs where appropriate
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Protecting the source file
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Preventing unauthorized reuse
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Inspecting finished products
Digital Artwork Gallery does not manufacture third-party prints or merchandise unless expressly stated.
We are not responsible for:
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Printing defects
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Incorrect cropping
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Material quality
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Color variation
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Shipping damage
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Production delays
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Marketplace rejection
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Manufacturer errors
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Third-party customer service
Claims concerning a physical product manufactured independently should generally be directed to the manufacturer or seller responsible for that product.
33. Privacy
Our collection, use and handling of personal information are governed by our Privacy Policy.
By using the website, you acknowledge that personal information may be processed for purposes including:
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Order processing
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Payment processing
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Digital delivery
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Customer service
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Fraud prevention
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Legal compliance
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Analytics
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Website operation
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Marketing where permitted
Payment processors and other service providers may process information under their own privacy terms.
These Terms do not replace the Privacy Policy.
34. Electronic Communications
By using the website or contacting us electronically, you consent to receive transactional communications electronically where permitted by law.
These may include:
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Order confirmations
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Payment notices
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Download links
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Policy notices
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Customer-support responses
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Security notices
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Legally required transaction information
You are responsible for maintaining a valid email address.
Marketing communications are handled separately and may be unsubscribed from using the method provided in the message, subject to applicable law.
Electronic communications satisfy any requirement that a communication be in writing to the extent permitted by applicable law.
35. Copyright and Rights Complaints
If you believe that content on the website infringes your copyright or another legal right, contact:
info@digitalartworkgallery.com
Use the subject line:
Rights Complaint
Include:
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Your full name
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Your contact information
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Identification of the protected work or right
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Identification of the material in question
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The relevant product or page
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An explanation of the alleged infringement
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Evidence that you own or are authorized to act for the rights holder
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A statement that the information provided is accurate
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Your physical or electronic signature
We may request additional information before acting.
Knowingly submitting a materially false complaint may result in legal consequences.
We may remove or restrict disputed content while investigating, without admitting liability.
36. No Professional Advice
Website content is provided for general product and commercial information.
Nothing on the website constitutes:
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Legal advice
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Tax advice
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Accounting advice
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Investment advice
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Trademark-clearance advice
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Copyright-registration advice
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Professional printing advice tailored to your circumstances
You are responsible for obtaining qualified professional advice where your project involves significant legal, financial, production or intellectual-property risk.
37. No Guarantee of Business Results
We do not guarantee that use of an artwork will produce:
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Sales
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Revenue
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Profit
-
Advertising engagement
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Marketplace approval
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Customer demand
-
Brand recognition
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Trademark registration
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Copyright registration
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Commercial exclusivity
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Acceptance by a printer or platform
Commercial performance depends on circumstances outside our control, including your product, marketing, pricing, audience, jurisdiction and execution.
38. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the website, products and services are provided on an “as available” and “as supplied” basis.
Except for express commitments stated in a product listing or mandatory rights that cannot be excluded, we disclaim implied warranties concerning:
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Merchantability
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Fitness for a particular purpose
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Continuous website availability
-
Compatibility with every device or application
-
Exact color reproduction
-
Commercial success
-
Marketplace acceptance
-
Trademark registrability
-
Copyright registrability
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Non-infringement
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Error-free operation
We do not warrant that:
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The website will always be uninterrupted
-
Every technical error will be corrected immediately
-
Every third-party service will remain available
-
Every product will suit every intended purpose
-
Every marketplace will accept the artwork
-
Every printer will produce identical results
Nothing in this section excludes any warranty or legal remedy that cannot lawfully be excluded.
39. Limitation of Liability
To the maximum extent permitted by applicable law, TP E-COMMERCE LLC, Digital Artwork Gallery and their managers, officers, employees, contractors and service providers will not be liable for indirect, incidental, special, punitive, exemplary or consequential loss arising from or connected with the website, an order or an artwork.
This includes loss relating to:
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Lost profit
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Lost revenue
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Lost business opportunity
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Lost data
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Production costs
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Printing errors
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Product recalls
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Marketplace suspensions
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Advertising performance
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Reputational harm
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Unauthorized contractor use
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Failure to retain a backup
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Customer modifications
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Third-party service interruption
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Incompatible software
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Currency conversion
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Third-party bank charges
To the maximum extent permitted by law, our total aggregate liability arising from a particular product or order will not exceed the amount actually paid to Digital Artwork Gallery for that product or order.
The limitations in this section do not apply where liability cannot lawfully be limited, including where applicable law prohibits limitation for:
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Fraud
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Willful misconduct
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Certain personal injury
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Mandatory consumer remedies
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Other non-excludable liability
40. Indemnification
To the maximum extent permitted by applicable law, particularly where you use an artwork for business or commercial purposes, you agree to indemnify and hold harmless TP E-COMMERCE LLC, Digital Artwork Gallery and their managers, officers, employees and contractors from third-party claims, liabilities, damages, costs and reasonable legal expenses arising from:
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Your breach of these Terms
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Your breach of the Commercial License
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Your end products
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Your advertising or product claims
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Your modification of an artwork
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Your combination of an artwork with other materials
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Your unauthorized redistribution of a file
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Your violation of applicable law
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Your infringement of another party’s rights
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Conduct by a contractor acting on your behalf
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Your use of a third-party platform or manufacturer
This obligation does not apply to the extent that a claim results solely from our own unlawful conduct.
Nothing in this section imposes an obligation prohibited by mandatory consumer law.
41. Suspension and Termination
We may suspend or terminate access to the website, an account, a download or a license where reasonably necessary because of:
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Material breach of these Terms
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Breach of the Commercial License
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Unauthorized file redistribution
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Fraud
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Payment abuse
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Security threats
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Unlawful conduct
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Court or regulatory requirements
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Repeated infringement
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Attempts to compromise the website
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Use of a product after payment reversal
Where a breach can reasonably be corrected, we may provide notice and an opportunity to cure it.
Immediate action may be taken where delay would create material legal, financial or security risk.
Termination does not eliminate obligations or liabilities arising before termination.
Sections concerning ownership, license restrictions, liability, indemnification, dispute resolution and other provisions intended by their nature to survive will remain effective.
42. Force Majeure
We are not responsible for delay or failure caused by events outside our reasonable control, including:
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Internet outages
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Hosting failures
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Payment-network interruptions
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Cyberattacks
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Natural disasters
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Fire
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Flood
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Severe weather
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War
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Terrorism
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Civil unrest
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Government action
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Labor disputes
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Public-health emergencies
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Utility failures
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Widespread service-provider outages
We will make reasonable efforts to restore affected services or provide an appropriate alternative where practical.
This section does not remove remedies that mandatory law requires.
43. Governing Law
These Terms and disputes arising from them are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.
However, this governing-law selection does not deprive a consumer of mandatory protections available under the law of the consumer’s habitual residence where those protections cannot lawfully be waived.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to the extent its exclusion is legally effective.
44. Jurisdiction and Disputes
Before filing a formal claim, we encourage you to contact us so that the issue can be reviewed and, where possible, resolved informally.
Send a written dispute notice to:
info@digitalartworkgallery.com
Include:
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Your name
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Your order number
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The relevant product
-
A description of the issue
-
The remedy requested
-
Relevant supporting documents
Where a dispute cannot be resolved informally, and subject to mandatory consumer-jurisdiction rules, disputes will be submitted to the state or federal courts having jurisdiction over Sheridan County, Wyoming.
Both parties consent to the jurisdiction of those courts to the extent legally permitted.
These Terms do not require arbitration and do not prevent a consumer from using a court, regulatory authority or consumer-protection procedure available under mandatory law.
45. International Use
The website is operated from the United States and may be accessed internationally.
You are responsible for ensuring that your access, purchase and intended use comply with the laws applicable to you.
You may not purchase, access or use our products where doing so would violate applicable:
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Sanctions
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Export controls
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Trade restrictions
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Payment restrictions
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Local laws
The availability of the website in a location does not represent that every product or contractual provision is appropriate or enforceable there.
46. Assignment
You may not assign or transfer:
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These Terms
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Your account
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A purchase
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Your Commercial License
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Download access
without our prior written consent, except where mandatory law provides otherwise.
We may assign or transfer these Terms in connection with:
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A merger
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Acquisition
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Reorganization
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Sale of assets
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Financing
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Transfer of the Digital Artwork Gallery business
Any assignment will remain subject to applicable consumer rights and existing valid license grants.
47. No Partnership or Agency
These Terms do not create:
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A partnership
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Joint venture
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Employment relationship
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Franchise
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Fiduciary relationship
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Agency relationship
between you and TP E-COMMERCE LLC.
You are not authorized to make representations, commitments or warranties on behalf of Digital Artwork Gallery.
48. No Third-Party Beneficiaries
Except where these Terms expressly state otherwise, they do not create enforceable rights for a person or entity that is not a party to the applicable agreement.
Service providers may rely on protections expressly extending to them, including relevant warranty disclaimers and liability limitations.
49. Waiver
A failure or delay in enforcing a provision does not waive the right to enforce it later.
A waiver is effective only if made in writing by an authorized representative of TP E-COMMERCE LLC.
A waiver concerning one breach does not constitute a waiver concerning another breach.
50. Severability
If a provision of these Terms is found invalid, illegal or unenforceable, it will be limited or modified only to the minimum extent necessary.
The remaining provisions will continue in full force.
Where modification is not possible, the affected provision will be severed without invalidating the rest of the Terms.
51. Entire Agreement
These Terms, together with the applicable:
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Commercial License
-
Returns & Refund Policy
-
Privacy Policy
-
Product listing
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Checkout disclosures
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Order confirmation
-
Product-specific written terms
constitute the agreement concerning the relevant transaction and website use.
They replace prior discussions or representations concerning the same subject, except for a separate written agreement signed by an authorized representative of TP E-COMMERCE LLC.
You should retain a copy of the applicable terms and order confirmation for your records.
52. Order of Precedence
If the documents governing a purchase conflict, the following interpretation applies:
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Product-specific written terms control matters expressly unique to that product.
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The Commercial License controls permitted and prohibited use of the artwork.
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The Returns & Refund Policy controls returns, refunds and defective delivery.
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The Privacy Policy controls personal-information processing.
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These Terms control general website, account, transaction and contractual matters.
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Mandatory applicable law controls wherever it cannot lawfully be modified by agreement.
A product description does not grant additional usage rights unless the grant is clear and express.
53. Headings and Interpretation
Section headings are provided for convenience and do not limit the meaning of a provision.
Unless context requires otherwise:
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Singular terms include the plural
-
Plural terms include the singular
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“Including” means “including without limitation”
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References to writing include permitted electronic communications
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References to law include applicable amendments and replacements
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“Person” includes an individual, company or legal entity
These Terms will not be interpreted against one party solely because that party prepared the original draft.
54. Contact Information
Questions concerning these Terms may be directed to:
Digital Artwork Gallery
Operated by TP E-COMMERCE LLC
1309 Coffeen Avenue, STE 16772
Sheridan, Wyoming 82801
United States
Email: info@digitalartworkgallery.com
Phone: +1 (716) 354-1956
For order-related inquiries, include:
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Your full name
-
Your order number
-
The email address used during checkout
-
The applicable artwork
-
A clear description of the issue
Do not send passwords, complete payment-card information or security codes by email.
Footer Summary
By accessing Digital Artwork Gallery or completing a purchase, you agree to these Terms of Service, the applicable Commercial License, the Returns & Refund Policy and the Privacy Policy.