TERMS & CONDITIONS
The Cartoon Pop Web Site (the “Site”) is an online information service subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. CARTOON POP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Cartoon Pop a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to Cartoon Pop by all means and in any media now known or hereafter developed. You also grant to Cartoon Pop the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Cartoon Pop for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Cartoon Pop.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Cartoon Pop, Cartoon Pop does not operate, control or endorse any information, products or services on the Internet in any way. Except for Cartoon Pop – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Cartoon Pop. You also understand that Cartoon Pop cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Image use and licensing
You agree to grant to Cartoon Pop a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to Cartoon Pop by all means and in any media now known or hereafter developed. You also grant to Cartoon Pop the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Cartoon Pop for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Cartoon Pop.
Right to cancel
You agree that Cartoon Pop can refuse any submitted order with a full refund before working on the artwork. Cartoon Pop will not reproduce anything that is deemed illegal, poor taste, violent nature, copyrighted, sexually explicit, promoting hate, racist, slanderous or anyone under the age of 16. Full refund will be given if your submission has been rejected. Customers can cancel their order prior to work being carried out.
Refunds
Once an artist has begun work we cannot offer a refund. Each artwork carried out by artists is bespoke and therefore cannot be refunded. A refund is only permissible if the artist has not started work and you can cancel the order anytime before the Cartoon Pop artist has started work.
Revisions
Multiple revisions can increase the time needed to complete the work but our products do not have any restrictions on revisions apart from our pet painting portrait which is restricted to one revision.
LIMITATION OF LIABILITY
IN NO EVENT WILL CARTOON POP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Cartoon Pop OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CARTOON POP LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Cartoon Pop makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Cartoon Pop web site, please understand that it is independent from Cartoon Pop, and that Cartoon Pop has no control over the content on that web site. In addition, a link to a Cartoon Pop web site does not mean that Cartoon Pop endorses or accepts any responsibility for the content, or the use, of such web site.
Indemnification.
You agree to indemnify, defend and hold harmless Cartoon Pop, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Cartoon Pop and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
