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Terms and conditions

Last updated:

February, 14th, 2014

Daylighted, Inc is a corporation, registered in California, USA, and incorporated in Delaware.

We tried to write readable terms and conditions. But laws and rules are tough, so let us know if you have any question concerning our terms: terms@daylighted.com


BEFORE USING ANY OF DAYLIGHTED SERVICES AND WEBSITES, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS.

Daylighted, Inc (“Daylighted”, "we" or "our") is an art online marketplace, which promotes and sells artworks (the "Services") in public spaces, such as, but not limited to, businesses, hotels, and restaurants (“The Partners”) through our digital displays (“the SmArtGallery”), and our websites, including the following domains dlgt.co, daylighted.com and manage.daylighted.com (the “Websites"). Please read carefully the following terms and conditions ("Terms”). “User”, "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Terms. These Terms govern your access, to and use of the Websites and Services, and constitute a binding legal agreement between you and Daylighted.

Certain areas of the Websites and your access to certain Services may have different terms and conditions that may require you to agree with and accept additional terms and conditions.


Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only could use any information collected from individual customers. We constantly review our systems and data to ensure the best possible and most secured service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We will not pass your personal information over to third parties, except to our Partners, if required to fulfill your order, or with your agreement, or if legally required to do so by the appropriate authorities. You have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. As part of the Websites and Services, you may receive communications from us, whether by email or other means. We may send you email, contact you, or engage you in other communications related to your use of the Websites and Services. At anytime, you can refuse and stop any communication from us. Please let us know by sending an email to this address: stop@daylighted.com.
If you have any questions/comments about privacy, please contact us: privacy@daylighted.com

General Terms

You must be 18 years old or older to use the Websites and purchase artworks.
Businesses are allowed to use the Websites and Services as soon as the person purchasing or using the Websites and Services has authority to act as the business.
You may not use the Websites and the Services for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and content.
In your use of our Websites and Services, you must not violate any laws in your jurisdiction.

Order Process

As a user of the Websites, you may purchase original artworks or printed version of the artworks of our community of artists. When you purchase such an artwork through the Websites and Services, you are purchasing the work from Daylighted and not from the artist identified on the listing for such work. The prices for the artwork are specified on the webpage from which you can purchase the artwork. You acknowledge that prices do not include shipping and handling charges or applicable Taxes in your country and/or state, if any, for which you are responsible and which will be separately identified on your receipt.
Daylighted and/or its third party service providers will collect your billing and shipping information and process your payment.
The payment must be made with a credit or debit card, using Stripe.
The artist identified on the artwork page will ship the purchased work directly to the exact address provided when the order was placed. Any inaccurate details entered at the order will be the responsibility of the Client. You should receive your artworks within 30 days upon payment reception. When delivery cannot be made within 30 days, we will arrange a new delivery date, or a cancellation of the order.
The terms and conditions of Daylighted's then-current Return Policy apply to any artwork that you purchase through the Websites and Services.

Order Cancellations

Daylighted reserves the right to cancel any order for an artwork, original or print, placed via the Websites and Services if Daylighted determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Websites and Services. If Daylighted cancels an order placed via the Websites and Services, Daylighted will send you an email confirmation of such cancellation and you will not be charged for your order.

Return Policy

We want you to have the best experience possible with your artwork. But if you don’t like it, you’ll have to notify Daylighted within 7 working days upon delivery of any issue with the prints.
In this case, please send an email to support@daylighted.com mentioning your transaction number
All artworks must be returned complete and undamaged using the original packaging when possible.
If your artwork arrives in damage conditions, or does not match your order, please contact support@daylighted.com, with your transaction number and proof of non-conformity.

Payment and Refunds

All payments and refunds will be processed through Stripe.
Regarding financial transactions, you should refer to the Terms and Conditions of Stripe.

Matching quality

We do our best to match the image color and quality with the image we display on the Websites and on the SmArtGallery. However, because of discrepancy of monitors, computers and phones screens in terms of color display, Daylighted is not responsible for the color inaccuracy of any artworks displayed on the Websites and Services, and disclaims all liability in this regard.
The format, quality of prints and original, framing, and mounting are the sole responsibility of the artists identified on the listing of the artwork, and although artists are entrusted by Daylighted, and all efforts to offer the best artwork quality to our clients, Daylighted disclaims all liability in this regard.

Copyright

The copyrights of all artworks available for display or for sale on the Website belong to the artist. Daylighted has been granted a license in agreement with the artist to display and use the photograph for the Websites and Services. Purchasing a print conveys ownership of the actual print but not the copyright, nor any license to reproduce the image.
No use of any kind of any image of the Websites is permitted without express written permission given by Daylighted.

Notification of Changes

Daylighted reserves the right, at its sole discretion, to modify, discontinue or terminate the Websites and the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Websites or provide you with notice of the modification.
We will also update the "Last Updated Date".

Disclaimer Of Warranties

WE PROVIDE THE WEBSITES AND THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOUR ACCESS OF DAYLIGHTED IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. DAYLIGHTED, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limitation

IN NO EVENT SHALL DAYLIGHTED BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, THE SERVICES OR THIS AGREEMENT.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD DAYLIGHTED HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.


Daylighted owns all rights to the Websites, the Services, the Content, the technology, information, documents, files, webpages and other products developed in connection with the Websites, the Services, or available on the Websites.

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