TERMS OF SERVICE
Mont8.com is a marketplace brought to you by (“Mont8” or “Yuddu Group FZE“), which enables artists and people of the creative nation to sell their artwork through a variety of mediums, while providing customers with an easy-to-use, high quality point of purchase for all of their artwork needs.
Mont8 is first and foremost an artist driven marketplace. We therefore strongly believe in respecting and upholding all artists’ intellectual property rights and in transparency towards our artists and customers. We believe that this commitment is reflected in the below Terms of Service. It is the responsibility of all users to ensure that they are not violating any intellectual property rights or breaking any laws by publishing or offering content through Mont8.
- Acceptance and Acknowledgment of these Terms of Service
- Ownership, Copyright, and Intellectual Property Rights
Any content submitted by you in your capacity as an artist to Mont8 (“Content”) shall at all times remain your intellectual property. Mont8 respects all intellectual property laws and will only use your Content with your permission.By uploading and submitting content, you give Mont8 a license to use the Content in accordance with these Terms of Service for the entirety of the period that you choose to make use of our Services. You hereby grant Mont8, and any of its affiliates and subsidiaries, for the duration of the term of the license, a non-exclusive, sub-licensable, and transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Content in any format or medium now known or later developed for the purpose of promoting your Content, including the production and promotion of any products you may make available to Mont8, and any other Services provided to you by Mont8.When you submit or upload content to the Website, you attest and warrant that:
- you own all copyrights to the Content and/or you have the authority to use the Content and the rights to display, reproduce, and sell the Content;
- your Content does not infringe on the rights of any other person or entity including (but not limited to) any trademarks, intellectual property, and patents; and
- your Content is not harmful, obscene, pornographic, indecent, unlawful, inflammatory, hateful, racially, ethically, or otherwise objectionable.
Your Content is your responsibility. We have no responsibility or liability for it, or for its screening, or for any loss or damage your Content may cause to other people. Mont8 reserves the right to review and, in its sole and absolute discretion, remove any Content that is in breach of these Terms of Service and/or any applicable laws.
- Prohibited Content and Safe Use of the Website
This Website is intended for the safe use of our visitors. Please do not upload user content to the Website if that user content is inappropriate. In particular, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any of the following:
- any message, data, information, text, music, sound, photos, graphics, code, or other content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- content that may infringe any patent, trademark, trade secret, copyright, publicity, or other intellectual or proprietary right of any party;
- content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, or solicitations;
- private information of any third party, including but without limitation to, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use;
- viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- content that is, in the sole judgment of Mont8, objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Mont8, its affiliates, or any other person to any harm or liability of any type.
Unless expressly permitted by Mont8, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, enter into a database, create derivative works from, transfer, lease, rent, sell or in any way exploit any information, software, Content, products, or Services obtained from the Website, or otherwise provided by Mont8.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Website solely for your own noncommercial use, or to place an order with Mont8 or to purchase Mont8 products. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of this Website, without prior written permission of Mont8 is strictly prohibited.
Harassment in any manner or form on the Website, including via email and private messaging, or by the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mont8 employee, host, representative, or other members or visitors on the Website is strictly prohibited.
Mont8 does not manually screen all the content before being displayed on the website, hence members may inadvertently or deliberately submit or display inappropriate content as displayed above that breaches this agreement. Mont8 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. On that note we do encourage and empower all users to immediately contact us and let us know straight away about any inappropriate or potentially inappropriate content.
Mont8 has a zero-tolerance policy towards spam. You may not use the Website generally to send commercial or other messages to any third-party if those messages are not solicited, authorized, or welcomed by the third-party, and in your use of the Website you must comply with all applicable laws, including laws that apply in any jurisdiction to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Website, in violation of the foregoing, violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website.
- Misuse, Fraud, or Misrepresentation in connection with Mont8 Promotions
From time to time, Mont8 may run promotions designed to attract new users or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Mont8 by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes, or benefits obtained through such means, and may be liable for civil and/or criminal penalties under the applicable law.
- Excess Inventory
You grant Mont8 permission to dispose of any inventory that becomes excess as a result of refund, reprint, fraud, product sampling or promotional activities, in any manner we see fit.
- Cancelling Incorrect Orders
You acknowledge that the price of the products displayed at the website may change from time to time. You also acknowledge that although we are taking extra precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable for any unpredicted reason. This may be due to an error or similar oversight. You acknowledge that we cannot prepare an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.
- User Account, Password, and Security
Upon creating a user account, you agree to provide Mont8 with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are responsible for all activities that occur under your password or account.
Mont8 will in no event be liable for any loss or damage arising from your failure to comply with this section of these Terms of Service.
- Orders, Delivery, Returns, and Payments
Mont8 strives to provide all customers with an easy to use and efficient experience in relation to all products purchased through the Website. Please refer to our Orders, Delivery, Returns, and Payment policy for further details.
- Linked Websites
The Website, or third parties, may provide links to other websites or resources. Because Mont8 has no control over such sites and resources, you acknowledge and agree that Mont8 is not responsible for the availability of such sites or resources, and does not endorse any content, advertising, products, or other materials on, or made available from, such sites or resources, and shall not be held responsible or liable for them. You further acknowledge and agree that Mont8 shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or reliance on, any such content, goods, or services available on, or through, any such site or resource.
Mont8 reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the website, to suspend or cancel your account, and to cancel any and all services provided to you by Mont8 at any time at its sole and absolute discretion.
Mont8 has a zero tolerance policy for intellectual property infringement. If you submit Content or offer products for sale that Mont8, in its sole discretion, believes may infringe another party’s intellectual property rights, Mont8 may immediately terminate your account, in addition to any other remedies it may have.
You agree that any termination of your access to the site under any provision of these Terms of Service may be effected without prior notice, and acknowledge, and agree that Mont8 may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files of the site. Furthermore, you agree that Mont8 shall not be liable to you or any third-party for any termination of your access to the site. Should you object to any terms or conditions or become dissatisfied with the site in any way, your only recourse is to immediately discontinue your use of the site, and/or terminate your account.
The Site, the Content, and all Services are provided to you on an “as is” basis without warranties from Mont8 of any kind, either expressed or implied. Mont8 expressly disclaims all other warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Mont8 does not represent or warrant that the website, or any of the Services, is accurate, complete, reliable, current, or error-free.
While Mont8 attempts to make your access to, and use of, the Website and the Services safe, Mont8 does not attest or warrant that the Website, the Content, or the Services are free of viruses or other harmful components.
- Limitation of Liability and Indemnity
To the furthest extent permitted by law, Mont8 and its directors, officers, shareholders, employees, representatives, successors, assigns, and advertisers shall not be liable to any party for any direct, indirect, special, punitive, incidental, consequential, or other damages arising out of: (i) the availability, reliance on, or inability to use the Website, even if Mont8 had been previously advised of the possibility of prior damages; (ii) any error, omission, or other inaccuracy in any Service or the Website; (iii) any misuse of the intellectual property of a third party by a user; or (iv) any content provided by a third party advertiser through the Website or any use of information by such a third party. In no event will Mont8 be liable for any amount in excess of the amounts paid by you to Mont8 (or any fees received by Mont8 in relation to your Content) in the twelve-month period preceding the cause of action.
You, and any business using the Website or the Services on behalf of, undertake and agree to indemnify and hold Mont8 and Mont8’s officers, directors, employees, agents, and licensors harmless from all direct and indirect judgments, awards, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees, expert witness fees, and costs of litigation) that may arise from: (i) the submission, posting or transmission of any Content through the website; (ii) your use of the website; (iii) your connection to the website; (iv) your violation of these Terms of Service; or (v) your violation of any rights of a third party.
- Modification of these Terms of Service
Mont8 reserves the right to change these Terms of Service and the terms and conditions, under which the Mont8 website and its affiliate websites are offered, at its sole discretion. No such change will be retroactive. If any such changes are made, we will endeavor (but will not be obliged to) notify you at the email address registered with us by you. We encourage you to check our Website frequently to see the current Terms of Service in effect and any changes that may have been made to them. By using the Website or any Service following any modifications to the Terms of Service, you agree to be bound by such modifications.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Service. Mont8 may assign its rights and responsibilities hereunder without notice or liability to you.
No failure or delay by a party to exercise or enforce any right, power, or remedy provided for by law or under these Terms of Service shall affect such right, power, or remedy, or operate as a waiver of it. Mont8’s failure to act, or delay in acting, with respect to a breach by you or others, does not waive Mont8’s right to act with respect to that breach or subsequent or similar breaches.
If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable under any applicable law by a court of competent jurisdiction, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms of Service shall in no way be affected or impaired.
These Terms of Service constitute the entire agreement between you and Mont8, and supersede all other communications, written or oral, with regard to the Services provided by Mont8 and the use of this Website.
In the event that these Terms of Service are translated into any language other than English, the English text shall prevail.
- Governing law and dispute resolution
These Terms of Service, and all disputes arising out of or in connection with these Terms of Service and/or your use of the Website (each a “Dispute”), shall be governed and resolved in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates, as applied in the Emirate of Dubai.
The courts of the Emirate of Dubai shall have exclusive jurisdiction to settle and finally resolve any Dispute, including any question regarding the existence, validity, or termination of these Terms of Service, or relating to any non-contractual or other obligation arising out of, or in connection with, these Terms of Service, and/or your use of the Website.