TERMS & CONDITIONS
The domain name www.commandinglifestyle.com (“Website”) is a site operated by Commanding Lifestyle, a sole-proprietorship company incorporated under laws of India with our registered office at Ramchandrapur south, Narendrapur, South 24 Parganas, 700103, West Bengal, India (“Company/Commanding Lifestyle”).
Commanding Lifestyle enables the artisans to earn money from their artwork by making it immediately and easily available for sale as a variety of products – without giving up control of their rights. We understand the importance of representing one’s work with quality and respect, and we also believe it is essential that all Commanding Lifestyle users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on Commanding Lifestyle.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By using the services on the www.commandinglifestyle.com, you are agreeing to the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, with Commanding Lifestyle, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.
We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.
Commanding Lifestyle provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of Commanding Lifestyle’s product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service.
CONTENT & COPYRIGHT POLICY
Unless otherwise stated, Commanding Lifestyle and/or its licensors own the intellectual property rights for all material on Commanding Lifestyle. All intellectual property rights are reserved. You may access this from Commanding Lifestyle for your own personal use subjected to restrictions set in these terms and conditions.
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. Commanding Lifestyle does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Commanding Lifestyle. When you submit, post, upload, display, or sell Content, you grant Commanding Lifestyle a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
Commanding Lifestyle reserves the right to review, and if necessary, remove any Content from the Website or to cancel your account at its sole discretion, either because that content breaches this Agreement, or any applicable laws, or otherwise.
This means that you, and not Commanding Lifestyle, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via Commanding Lifestyle. Commanding Lifestyle does not control the Content posted via Commanding Lifestyle services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Commanding Lifestyle’s services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Commanding Lifestyle be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Commanding Lifestyle.
You understand that you will be exposed to Content from a variety of Commanding Lifestyle users and that Commanding Lifestyle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Commanding Lifestyle with respect thereto, and agree to defend, indemnify and hold harmless Commanding Lifestyle, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of Commanding Lifestyle service.
While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Commanding Lifestyle does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Commanding Lifestyle,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Commanding Lifestyle shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Commanding Lifestyle reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
Commanding Lifestyle and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, Commanding Lifestyle and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Commanding Lifestyle or submitted to Commanding Lifestyle, including, without limitation, information about Commanding Lifestyle collaborations, posts, or in any other part of the Website.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You acknowledge, consent and agree that Commanding Lifestyle may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (I) comply with legal processes; (II) enforce the Terms of Service; (III) respond to claims that any Content violates the rights of third parties; (IV) respond to your requests for customer service; or (V) protect the rights, property, or personal safety of Commanding Lifestyle, its users, and the public.
By using services of Commanding Lifestyle, you agree to receiving promotional or information content relevant to Commanding Lifestyle through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Email notifications.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our the Terms of Service.
Commanding Lifestyle also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.
You will not hold Commanding Lifestyle responsible for other users’ content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety, or legality of collaborations advertised, the truth or accuracy of users’ content, the ability of parties to deliver on collaborations, or that the parties will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions related to use thereof. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You must ensure that your access to the Website and Commanding Lifestyle Service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process you employ for accessing Commanding Lifestyle’s service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members’ obligations as set out in these Terms of Service.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from Commanding Lifestyle to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with Commanding Lifestyle.
TERMINATION OF ACCOUNT
Commanding Lifestyle may terminate your access to all or any part of its services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the service at any time. However, you shall continue to be bound by all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Commanding Lifestyle will terminate your access to the site if you are determined to be, in Commanding Lifestyle’s sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.
Commanding Lifestyle may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.
By accepting the terms and conditions, the user consents to pay Commanding Lifestyle the complete amount for the order placed by them from Commanding Lifestyle. However, Commanding Lifestyle does not control the amount charged to the user by their bank related to their purchase from Commanding Lifestyle, to which Commanding Lifestyle disclaims any liability in this regard.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Commanding Lifestyle; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Commanding Lifestyle. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Commanding Lifestyle’s logo or other artwork will be allowed for linking absent a trademark license agreement.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.