TERMS AND CONDITIONS
Terms Of Use
PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM.
This page contains important information about your legal rights and obligations when using any of the websites and services belonging to the Company. The following is a collection of the generally-applicable terms of use across our websites and services, whilst specific provisions are included in the terms of use of our Company’s website or service.
The terms "Makepik" / "We"/"Us"/"Our"/"Company" individually and collectively refer to Makepik and the terms "Visitor"/"User" refers to the users.
Before accessing and using any of the Company’s websites or services, you must read the specific terms of use applicable to the access, browsing, and use by the users of our Website/Service, as accessing and using the Websites or Services implies that you have read and accept to be bound by the terms of use of our Website or Service. We also recommend regularly checking the applicable terms of use as the Company reserves the right to modify these at any time
If you have any objections regarding the terms of use of the Websites or Services, please refrain from using these.
In respect of collection and processing of personal data, the Privacy policy will apply.
ABOUT THE MAKEPIK SERVICES
Makepik Services include without limitation creating Album Designs, prints, posters, Frames, Photo Lamination, creating Oil Paintings, logo creation, Graphic design where You can upload photos, create product, place order, make an online payment, etc.
ELIGIBLE USERS
You must be above eighteen (18) years of age to utilize Our Services and you hereby formally affirm to have completed eighteen (18) years of age at the time of use of this Site.
REGISTRATION
Users Registration is not required when you utilize our services, we are contact users via email or phone calls for their orders, also We'll show you the online preview of your album via email. So all our communications are handled via email and phone so User does not require to register.
USE OF CONTENT
if you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website.
All logos, images, marked headings, labels, names, or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCESS TO SERVICE AND OBLIGATIONS
You may use Our Products and/or Services for lawful purposes only. You may not submit or transmit through Our Products and/or Services any material, or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to the prurient interest;
- Victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business, or entity, including Us and Our employees and agents;
- Attempts to exploit a minor (under the age of 18);
- Requires you to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- Requires you to upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Requires you to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Interferes with or disrupt the Canvera Products and /or Services or damage, disable, overburden, or impair our servers or network servers or networks connected to Canvera Products and /or Services, or not comply with any requirements, procedures, policies or regulations of networks related to Canvera Products and /or Services;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates this Agreement, guidelines or any policy posted on the website; or
- Interferes with the use of Canvera Products and /or Services by others; and
- Intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law.
You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
SUPPORT SERVICES
You are using the Our Services AT YOUR OWN RISK and we are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the software for using our website.
ONLINE PURCHASE
If you wish to purchase any of our Products and/or Services offered on the Site, we will ask you to supply certain information applicable to your purchase, including without limitation, payment, and other information. Any such information will be treated as described in our Privacy Policy.
All information that you provide to us or our third-party payment processor must be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.
You will also be responsible for paying any applicable taxes relating to your purchases.
Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price and availability of any products or services on our websites are subject to change without notice and our current prices can be found on the website.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
You are responsible for all costs in obtaining the equipment and internet connections that you will need to access our website. You are responsible for checking with your internet access provider (including your telecom operator if you access our Site using wireless applications) to determine all costs that you may incur in accessing the internet and Our Services.
Please also refer to the Cancellation Policy.
PREMIUM SERVICES
We may offer premium products and services and content through Our Services for a fee. Payment and other applicable purchase terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms that shall supplement this Agreement.
COPYRIGHTS
We respect the intellectual property of others, and we ask you to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, we do not ensure that any such content will be edited or removed. However, we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.
INDEMNITY
You agree to defend, indemnify and hold harmless makepik.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
- your use of and access to the Platform and/or the Service;
- your violation of any term of these Terms;
- your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
- any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL MAKEPIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MAKEPIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE MAKEPIK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAKEPIK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY MAKEPIK. MAKEPIK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
DISCLAIMER
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.