Terms and Conditions

1. Introduction

Welcome to **Artmanatic** (referred to as “Website”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“user”, “customer”, “visitor”, or “you”) and **Artmanatic**, governing your access to and use of the website located at https://artmanatic.com/, including any content, functionality, and services offered through the Website, whether as a guest or a registered user.

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms, you must immediately discontinue the use of this Website.

These Terms apply to all users of the Website, including, but not limited to, visitors, customers, and anyone who accesses or interacts with the Website. By purchasing products from **Artmanatic**, creating an account, or otherwise engaging with our services, you are agreeing to comply with these Terms and all applicable laws and regulations governing the Website.

We reserve the right to update, modify, or replace these Terms at our discretion. Any such changes will be posted on this page, and it is your responsibility to review these Terms periodically for any updates. Continued use of the Website after any modifications signifies your acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Website and its services.

In addition to these Terms, you may be subject to additional terms, conditions, or rules specific to certain products, services, or features provided on the Website. These additional terms are incorporated by reference into these Terms and Conditions, and your use of such services or features is conditioned on your acceptance of those additional terms. In case of any conflict between these Terms and any additional terms, the additional terms shall control with respect to the applicable services or features.

### **Key Areas Covered in These Terms**
These Terms cover a wide range of topics to ensure legal clarity and the protection of both you and **Artmanatic**. The areas include, but are not limited to:
– Use of the Website
– User accounts and responsibilities
– Purchasing and downloading digital products
– Payments, fees, and taxes
– Intellectual property rights
– Prohibited activities and acceptable use
– Refunds, returns, and cancellation policies
– Limitation of liability and disclaimers
– Privacy and data protection
– Governing law and dispute resolution

### **Your Obligations**
By using this Website, you agree to the following:
– You are at least 18 years of age, or if under 18, you are using the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
– You will not use the Website for any unlawful or unauthorized purpose, nor violate any applicable local, national, or international laws in your use of the Website.
– You are responsible for ensuring that any personal or payment information provided during the use of this Website is accurate, complete, and up-to-date.

We strive to ensure that the Website operates smoothly, but we cannot guarantee that access to the Website will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Website, or the services offered, without prior notice or liability to you. This includes altering or withdrawing products listed for sale, changing prices, or updating digital content.

Should you have any questions or concerns about these Terms, or wish to contact us for any reason, you can do so by reaching out to us through our contact information listed on the Website.

 

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings specified below. These definitions are provided to ensure clarity and consistency throughout the document. In case of any ambiguity or conflict, these definitions will prevail:

1. **”Website”** or **”Site”**: Refers to the online platform located at https://artmanatic.com/, including all webpages, content, services, and functionalities available on or through the domain. This includes any subdomains or extensions of the site and any technology related to its operation.

2. **”We”, “Us”, “Our”, or “Artmanatic”**: Refers to **Artmanatic**, the entity that owns and operates the website and provides products and services through the Website.

3. **”User”, “You”, or “Customer”**: Refers to any individual, entity, or organization that accesses, browses, registers, makes a purchase, or otherwise interacts with the Website. This includes both registered users and unregistered visitors.

4. **”Terms and Conditions” or “Terms”**: Refers to the entire agreement between **Artmanatic** and the users of the Website, outlining the rules, regulations, responsibilities, and rights applicable to both parties in relation to the use of the Website and the purchase of products.

5. **”Digital Products” or “Products”**: Refers to the digital art files, specifically in PNG (Portable Network Graphics) format, which are available for purchase and download via the Website. These files are non-tangible goods provided electronically.

6. **”Purchase”**: Refers to the transaction between a user and **Artmanatic** involving the payment of funds for the acquisition of a digital product from the Website.

7. **”Download”**: Refers to the process of transferring a digital file (product) from the Website’s server to the user’s device for permanent or temporary use.

8. **”Content”**: Refers to all text, images, graphics, logos, design, layout, software, source code, and all other forms of material or data made available on the Website, including but not limited to digital products, blogs, descriptions, and media files.

9. **”Account”**: Refers to a registered user profile created on the Website through which a user can track purchases, manage personal information, and access other features of the Website.

10. **”Intellectual Property”**: Refers to any and all proprietary rights held by **Artmanatic** or its licensors, including but not limited to copyrights, trademarks, trade secrets, patents, and other intellectual property rights that protect content on the Website, including digital products.

11. **”Payment Provider”**: Refers to any third-party service used to process payments for purchases made on the Website. For the purposes of these Terms, this primarily refers to **PayPal**, but may include other payment services as they become available.

12. **”Third-Party Services”**: Refers to external services or platforms provided by entities other than **Artmanatic**. These may include payment processing, web hosting, marketing tools, or other services necessary for the functioning of the Website.

13. **”Prohibited Activities”**: Refers to any actions or activities deemed unacceptable under these Terms, including but not limited to unauthorized distribution, resale of digital products, copyright infringement, hacking, spamming, or any illegal or malicious activity.

14. **”Refund Policy”**: Refers to the section of these Terms detailing the circumstances under which a refund for digital products may be issued. Given the nature of digital downloads, all sales are final, but **Artmanatic** may review cases of product defects or download issues.

15. **”Jurisdiction”**: Refers to the legal authority governing these Terms and any disputes that arise from them. For the purposes of these Terms, the jurisdiction is the **United Kingdom**.

16. **”License”**: Refers to the limited, non-exclusive, non-transferable permission granted to users to use the digital products they purchase from **Artmanatic** for personal, non-commercial use in accordance with these Terms.

17. **”Personal Information”**: Refers to any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to names, email addresses, billing details, and any other information provided by users to facilitate purchases or account creation.

18. **”Support”**: Refers to the assistance provided by **Artmanatic** in the event that a user encounters issues with the website or digital downloads. This could include technical assistance or inquiries about product availability and usage.

19. **”Communication”**: Refers to any written, electronic, or verbal correspondence between **Artmanatic** and the users. This may include emails, newsletters, notifications, or any other form of messaging facilitated through the Website.

20. **”Affiliate”**: Refers to any individual, company, or organization that promotes **Artmanatic** in exchange for compensation, typically through referral links or partnerships. Affiliates are bound by separate agreements but must adhere to certain provisions of these Terms.

21. **”Force Majeure”**: Refers to any event or circumstance beyond the reasonable control of **Artmanatic** that impacts its ability to operate the Website or deliver digital products, including but not limited to natural disasters, pandemics, acts of war, terrorism, cyber-attacks, or governmental regulations.

By understanding these definitions, users are better equipped to comprehend their rights and obligations under these Terms and Conditions. These definitions also provide a framework to address potential misunderstandings, disputes, or legal considerations that may arise during the course of using the Website or purchasing products.

3. User Accounts

This section outlines the terms governing the creation, use, and management of user accounts on **Artmanatic**. By creating an account on our Website, you agree to comply with these provisions and accept responsibility for all activities that occur under your account.

#### **3.1 Account Creation and Eligibility**
– **Eligibility**: To create an account on **Artmanatic**, you must be at least 18 years of age. If you are under 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By creating an account, you represent that you meet this eligibility requirement.
– **Account Setup**: In order to use certain features of the Website, including tracking purchases and accessing certain promotional features, you may be required to create a user account. During the account creation process, you will be asked to provide certain information, such as your name, email address, and a password.
– **Accurate Information**: You must provide accurate, complete, and up-to-date information when creating your account. If any of your information changes, you are responsible for promptly updating your account to reflect these changes. Failure to provide accurate or complete information may result in the suspension or termination of your account.

#### **3.2 Account Security**
– **Password Confidentiality**: You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your account. You agree to accept full responsibility for all activities that occur under your account, including any unauthorized use. **Artmanatic** will not be liable for any losses or damages arising from your failure to safeguard your account information.
– **Account Misuse**: If you suspect that your account has been accessed without your authorization, or if you become aware of any security breach, you must immediately notify **Artmanatic** via the contact information provided on the Website. Failure to notify us in a timely manner may result in the suspension or termination of your account.
– **Multiple Accounts**: Users may not create multiple accounts for fraudulent or abusive purposes, including circumventing the rules or limitations on the Website, exploiting promotions, or otherwise engaging in prohibited behavior. Any user found creating multiple accounts for such purposes may have all related accounts suspended or terminated.

#### **3.3 Use of Your Account**
– **Personal Use**: User accounts are intended for personal use only. Each account must be associated with a single user, and you may not share your account with others, transfer it, or allow others to access your account for their own use.
– **Account Activity**: All actions taken under your account will be deemed to have been performed by you. You agree that you will use the account only for lawful purposes and in compliance with these Terms and Conditions. You further agree that you will not engage in any of the prohibited activities listed in Section 8 (Prohibited Activities).
– **Data Retention**: **Artmanatic** retains the right to maintain user account information for as long as necessary to fulfill legal, administrative, and operational needs. User data will be managed in accordance with our [Privacy Policy](#), which describes how we collect, use, and protect your personal information.

#### **3.4 Account Suspension and Termination**
– **Termination by User**: You may terminate your account at any time by contacting **Artmanatic** via email or through your account settings on the Website. Upon termination, you will no longer have access to the account or any digital products or services associated with the account.
– **Termination by Artmanatic**: We reserve the right to suspend, restrict, or terminate your account at our sole discretion for any reason, including but not limited to:
– Violation of these Terms and Conditions.
– Fraudulent or unlawful activity.
– Suspicion of unauthorized use or security breaches.
– Submission of false or misleading information.
– Failure to comply with applicable laws or regulations.
– Engaging in prohibited activities as outlined in Section 8.

In such cases, you may be denied access to the Website, your account, and any services or digital products offered through the Website. We also reserve the right to refuse any future account registrations.

#### **3.5 Consequences of Termination**
– **Access to Digital Products**: In the event your account is terminated (whether by you or **Artmanatic**), you will lose access to any digital products associated with the account. Any previously downloaded products may continue to be used in accordance with the license terms that applied at the time of purchase, but no further downloads or access to the Website will be available.
– **Outstanding Payments**: Termination of your account does not absolve you from any outstanding payment obligations. Any unpaid amounts owed to **Artmanatic** for products or services purchased prior to termination will remain due and payable.
– **No Refunds**: Account termination will not result in a refund for any purchases made prior to termination. As stated in Section 6 (Refund Policy), all sales of digital products are final, and no refunds will be issued unless exceptional circumstances apply.

#### **3.6 Account Reactivation**
– **Reactivation Requests**: If your account was terminated for non-fraudulent or non-malicious reasons, you may contact **Artmanatic** to request reactivation. We reserve the right to reject such requests at our sole discretion, and any reactivation may be subject to additional verification or conditions.
– **Account Inactivity**: If your account has been inactive for an extended period of time (e.g., 12 months or more), **Artmanatic** reserves the right to deactivate or delete your account after providing reasonable notice. You may be required to reactivate your account if you wish to resume using the Website.

#### **3.7 Account Benefits**
By creating an account on **Artmanatic**, you may be eligible for additional features and benefits, including:
– **Order Tracking**: Users with accounts can track their order history and review previous purchases.
– **Faster Checkout**: Account holders may have their information pre-filled during the checkout process for quicker transactions.
– **Exclusive Offers**: Account holders may receive exclusive promotions, discounts, and updates on new product releases via email or Website notifications.

#### **3.8 User Responsibility**
You are responsible for all activities conducted under your account, including the accuracy of information provided and the security of your account credentials. You agree to notify **Artmanatic** immediately of any unauthorized use of your account or any other breach of security.

By creating and maintaining an account, you acknowledge and agree to comply with the terms set forth in this section. Failure to adhere to these terms may result in the suspension or termination of your account and potential legal consequences.

4. Digital Products

This section outlines the terms specific to the purchase, use, and licensing of digital products sold by **Artmanatic**. By purchasing or downloading digital products from the Website, you agree to comply with these provisions, including any restrictions on usage, refunds, and ownership rights.

#### **4.1 Nature of Digital Products**
– **Digital Format**: The products available for sale on **Artmanatic** are digital art files delivered electronically in **PNG format**. These products are non-tangible goods and are made available for download immediately after purchase.
– **Product Description**: Each digital product will be accompanied by a detailed description on the Website. While we strive for accuracy, the colors and details of the products as displayed on your screen may differ slightly from the actual product due to the variability of display settings.
– **File Specifications**: All digital art products are provided in high-resolution **PNG** format unless otherwise specified. The specifications, including file size, dimensions, and resolution, will be included in the product description, and it is the user’s responsibility to ensure compatibility with their intended use.

#### **4.2 License to Use Digital Products**
– **Personal Use Only**: When you purchase a digital product from **Artmanatic**, you are granted a **non-exclusive, non-transferable, revocable license** to download and use the product for **personal, non-commercial purposes only**. This means you may use the digital art on your personal devices or print it for private use, but you may not distribute, resell, or commercially exploit the product in any way without explicit written permission from **Artmanatic**.

Examples of acceptable personal use include:
– Displaying the digital art on personal devices such as computers or mobile phones.
– Printing the digital art for personal enjoyment, such as decorating your home or creating a personal scrapbook.

Prohibited uses include but are not limited to:
– Reselling or redistributing the digital product in any format, whether in its original form or altered.
– Using the digital art in any commercial project, advertisement, or product for sale (e.g., t-shirts, mugs, posters).
– Uploading the digital product to any platform or service where it can be accessed, viewed, or downloaded by others.

– **Commercial Licensing**: If you wish to use any digital product for commercial purposes, you must contact **Artmanatic** to inquire about a separate commercial license. Unauthorized commercial use is strictly prohibited and may result in legal action.

#### **4.3 Delivery of Digital Products**
– **Immediate Access**: Once your payment has been successfully processed via PayPal (or other authorized payment systems), you will receive a download link to access your purchased digital product(s). This link will be delivered to the email address associated with your account or purchase.
– **Download Limits**: The download link provided after purchase will generally remain available for a limited time and may have restrictions on the number of downloads (e.g., a maximum of 3 downloads per purchase). It is your responsibility to download and securely store the digital product once purchased. **Artmanatic** does not guarantee indefinite access to download links.
– **Download Issues**: If you encounter any issues with downloading your product (e.g., corrupted files, inability to access the download link), please contact us at [Insert Contact Information], and we will make every reasonable effort to resolve the issue. However, we do not guarantee resolution beyond a reasonable time or effort.

#### **4.4 No Physical Goods**
– **Non-Tangible Products**: All products available through **Artmanatic** are digital in nature. No physical products will be shipped, and you acknowledge that you will not receive any tangible goods as part of your purchase.
– **No Storage Responsibility**: Once you download a digital product, **Artmanatic** is not responsible for providing storage or backup of the digital files. It is the user’s responsibility to secure their downloaded files. We recommend making copies of your files and storing them in a safe location.

#### **4.5 Intellectual Property Rights**
– **Ownership**: All digital products available for purchase on **Artmanatic** are the intellectual property of **Artmanatic** or its licensors. Purchasing a digital product does not grant you ownership of the underlying intellectual property. You are acquiring a license to use the product in accordance with the terms outlined in Section 4.2.
– **Copyright**: All digital products are protected by copyright laws and international treaties. Unauthorized reproduction, distribution, or use of the digital products in violation of these Terms is strictly prohibited and may result in legal action. **Artmanatic** reserves all rights not expressly granted in these Terms.

Examples of copyright violations include:
– Uploading the digital art to websites, social media, or file-sharing platforms without permission.
– Modifying the digital art and selling or distributing the altered version.
– Using the digital product as part of a logo or brand identity without a commercial license.

#### **4.6 Limitations on Use**
– **Non-Transferable**: The license to use the digital product is personal to you and cannot be sold, transferred, or sublicensed to any other party. Any attempt to transfer the license without prior written consent from **Artmanatic** is void and constitutes a breach of these Terms.
– **Alteration and Modification**: You may not alter, modify, or create derivative works of the digital product unless expressly permitted by **Artmanatic** in writing. This includes but is not limited to resizing, recoloring, or combining the product with other works to create new content for resale or distribution.

#### **4.7 Prohibited Uses**
In addition to the restrictions mentioned in other sections of these Terms, you agree that you will not:
– Use the digital products in any manner that is unlawful, fraudulent, or violates the rights of others.
– Remove any copyright or watermark notices contained within the digital product.
– Share the download link or file with anyone else or post the download link online for public access.
– Use the digital product for any defamatory, offensive, or otherwise objectionable content or materials.
– Use the digital product in any software or tools designed to generate profits (e.g., using the art for marketing templates, design generators).

#### **4.8 Product Availability**
– **Discontinuation**: **Artmanatic** reserves the right to remove, replace, or discontinue any digital product from the Website at any time, without prior notice. Once a product is discontinued, it may no longer be available for purchase or download, even if it was previously purchased.
– **Pricing Changes**: Prices for digital products are subject to change at any time without notice. Such changes will not affect purchases that have already been completed, but may apply to future purchases.

#### **4.9 Limitations of Liability for Digital Products**
– **Functionality**: While **Artmanatic** takes every precaution to ensure the quality and usability of the digital products, we do not guarantee that the digital files will be compatible with every device, software, or platform. It is your responsibility to ensure that your system meets the necessary requirements to use the downloaded files.
– **No Warranty**: All digital products are provided “as is” without any warranty of any kind, either expressed or implied. We make no warranties regarding the accuracy, completeness, or fitness of the digital product for any particular purpose.
– **Technical Issues**: **Artmanatic** will not be liable for any technical problems that may occur during the download or use of the digital products, including but not limited to file corruption, software incompatibility, or hardware failure. However, we will make reasonable efforts to assist with any technical issues reported within a reasonable time after purchase.

#### **4.10 Customer Support**
– **Support Services**: If you encounter any issues with your digital product, including but not limited to download problems, corrupted files, or license inquiries, you can contact **Artmanatic** at [Insert Contact Information]. Our customer support team will make reasonable efforts to resolve your issue, though we cannot guarantee the resolution of all issues.

By purchasing and downloading digital products from **Artmanatic**, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this section, as well as any other provisions outlined in this document. Failure to comply with these terms may result in the termination of your license and the pursuit of legal action for any unauthorized use.

5. Payments

This section outlines the terms governing the payment process for digital products purchased on **Artmanatic**. By purchasing any products or services from the Website, you agree to the following payment terms, including how payments are processed, security measures, refunds, and other relevant conditions.

#### **5.1 Payment Methods**
– **Accepted Payment Providers**: Payments for digital products on **Artmanatic** are processed through **PayPal**, a trusted third-party payment provider. Users are required to have an active PayPal account or can use PayPal’s guest checkout to process payments using their credit or debit cards.

– **Future Payment Options**: We may introduce additional payment providers or methods in the future, which will be subject to these same Terms and Conditions, or further provisions as required by the specific payment provider.

– **Payment Authorization**: By completing a transaction through **PayPal** or any other authorized payment provider, you represent that you are the lawful owner of the payment method used or that you have authorization from the lawful owner to complete the transaction. You also authorize **Artmanatic** to charge the full purchase amount to the payment method provided.

#### **5.2 Payment Security**
– **Third-Party Security**: All payments are processed by PayPal and are subject to its security protocols, privacy policies, and terms of service. **Artmanatic** does not store, collect, or manage your payment information directly. You are encouraged to review PayPal’s security and privacy practices before completing any purchase.

– **Encryption and Security**: The Website employs industry-standard encryption (SSL) to protect your payment details during the checkout process. However, **Artmanatic** cannot guarantee the security of transactions conducted on third-party platforms (such as PayPal). Any breaches or issues with the payment provider’s systems must be addressed directly with them.

– **Fraud Prevention**: **Artmanatic** reserves the right to cancel any transaction or order that is suspected of fraud, unauthorized use, or other suspicious activities. We may, at our discretion, require additional verification or confirmation of your identity or payment details before processing a purchase.

#### **5.3 Payment Obligations**
– **Full Payment Requirement**: Payment must be made in full before any digital products can be downloaded or accessed. Partial payments or deferred payment arrangements are not permitted unless expressly agreed upon in writing by **Artmanatic**.

– **Currency**: All transactions on the Website are processed in **British Pounds Sterling (GBP)** unless otherwise specified. If your payment method is linked to an account in a different currency, conversion fees may apply, and it is your responsibility to cover those charges. Your payment provider may also impose currency conversion fees, which are outside of **Artmanatic’s** control.

#### **5.4 Transaction Confirmation**
– **Order Confirmation**: Once your payment is successfully processed, you will receive an email confirmation detailing your order. This email will contain information regarding the digital products purchased, the total amount paid, and a download link (if applicable). Please ensure that the email address provided during checkout is correct.

– **Invoice**: If required, you may request an official invoice for your purchase by contacting **Artmanatic**. Invoices will include details such as the digital product, the date of purchase, the amount paid, and any relevant tax information.

#### **5.5 Taxes and Fees**
– **Taxes**: All prices listed on the Website are **exclusive of taxes**. You are responsible for any applicable sales taxes, VAT, import duties, or other taxes or fees that may apply based on your location. These taxes may be calculated and added at checkout based on the billing address you provide.

– **PayPal Fees**: PayPal may impose transaction or processing fees, depending on your account type, payment method, or currency used. These fees are your responsibility, and **Artmanatic** is not liable for covering any additional charges incurred by your payment provider.

#### **5.6 Failed or Declined Payments**
– **Insufficient Funds**: If your payment is declined due to insufficient funds, invalid card details, or other issues related to your payment method, the transaction will not be completed, and you will not have access to the digital products. You must correct the issue with your payment method or provide an alternative payment option to complete your purchase.

– **Payment Disputes**: If a payment dispute or chargeback is initiated through PayPal or your financial institution, **Artmanatic** reserves the right to suspend access to the associated digital products and may initiate legal proceedings to recover the disputed amount if necessary. Users found to be engaging in fraudulent chargebacks may have their accounts terminated and be banned from future purchases.

#### **5.7 Recurring Payments**
– **Subscriptions or Memberships**: At present, **Artmanatic** does not offer any subscription or recurring payment services. Should we introduce subscription-based services in the future, users will be required to agree to additional terms governing those recurring payments.

#### **5.8 Refund Policy**
– **All Sales Final**: Given the nature of digital products, all sales are final. Once a digital product has been successfully downloaded, **Artmanatic** does not offer refunds or exchanges, except under the limited circumstances described below (See Section 6, Refund Policy).

– **Disputed Charges**: If you believe you were incorrectly charged or there was an error with your transaction, please contact **Artmanatic** within **14 days** of the purchase date, and we will investigate the issue. However, initiating a chargeback or payment dispute through your payment provider without contacting us first may result in the suspension of your account.

#### **5.9 Payment Discrepancies**
– **Discrepancies and Errors**: If you believe there has been an error in your billing or an unauthorized charge, you must notify **Artmanatic** immediately, providing full details of the transaction in question. We will review and address the issue as promptly as possible.

– **Incorrect Amount Charged**: In the event that you are charged an incorrect amount for a product, **Artmanatic** reserves the right to either issue a refund of the difference or request additional payment before granting access to the product. This applies to both undercharges and overcharges.

#### **5.10 Limited Liability for Payment Processing**
– **Third-Party Liability**: While we take steps to ensure a secure payment experience, **Artmanatic** is not liable for any errors, delays, or technical issues caused by third-party payment processors (e.g., PayPal). Any disputes regarding payments must be addressed directly with the payment provider, and **Artmanatic** will assist to the best of its ability, but ultimate responsibility rests with the third-party processor.

– **Payment Data**: As payments are processed through third-party platforms, **Artmanatic** does not store or manage sensitive payment data, such as credit card numbers or banking details. These details are encrypted and securely processed by PayPal or any other designated payment provider.

#### **5.11 Fraud Prevention and Investigation**
– **Fraudulent Activity**: **Artmanatic** takes fraud prevention seriously and reserves the right to investigate any payment that appears suspicious or involves irregularities. This may include confirming your identity, verifying payment information, or requesting additional details before completing a transaction.

– **Account Suspension**: Any user found to be engaging in fraudulent payment activities, such as using stolen credit cards, creating fake accounts for promotional exploitation, or initiating false chargebacks, may have their account suspended or permanently terminated, with the possibility of legal action being taken.

#### **5.12 Payment Records and Retention**
– **Transaction Records**: **Artmanatic** retains records of all transactions, including payment details, in compliance with legal and regulatory requirements. These records are securely stored and managed in accordance with our Privacy Policy, and you can request access to your transaction history by contacting us directly.

By completing a purchase on **Artmanatic**, you agree to be bound by these payment terms, which are designed to protect both you as the customer and **Artmanatic** as the provider. Failure to comply with these payment terms may result in suspension of services, account termination, or legal consequences.

6. Refunds and Cancellations

This section governs **Artmanatic’s** policies regarding refunds, cancellations, and exchanges. As the nature of our business involves the sale of digital products, specific rules apply to ensure fairness, protect intellectual property, and maintain customer satisfaction while protecting the company’s interests. By purchasing from **Artmanatic**, you agree to the following terms regarding refunds and cancellations.

#### **6.1 No Refunds Policy for Digital Products**
– **All Sales Are Final**: Due to the immediate access and irrevocable nature of digital downloads, **Artmanatic** operates a **strict no-refund policy** for all digital products once the download has been initiated or completed. Once a digital product has been delivered electronically and downloaded, it cannot be “returned” like a physical product. Therefore, no refunds will be issued under normal circumstances.

– **Exceptions to No-Refund Policy**: Refunds may be granted in rare and specific cases, at the sole discretion of **Artmanatic**, under the following conditions:
– **Corrupt or Inaccessible Files**: If the digital product delivered is corrupted, incomplete, or inaccessible, you must report the issue within **14 days** of purchase. **Artmanatic** will attempt to rectify the issue by providing a working version of the product. If the issue cannot be resolved, a refund may be issued.
– **Incorrect Product Delivered**: In the event that you mistakenly receive the wrong product, you must notify **Artmanatic** within **7 days** of purchase. If the incorrect product cannot be replaced with the correct one, a refund may be granted.
– **Duplicate Purchases**: If you accidentally purchase the same product twice, you may contact us within **14 days** to request a refund for the duplicate charge.

– **Contact for Refund Requests**: For any refund requests, please contact **Artmanatic** at [Insert Contact Information] with details of the transaction, a description of the problem, and any relevant order confirmation details. We will review your request and respond within **7 business days**. Refunds, if granted, may take up to **14 business days** to process depending on your payment provider.

#### **6.2 Process for Reporting Issues**
– **Issue Reporting Timeframe**: Any problems with your digital purchase, such as corrupted files or incomplete downloads, must be reported to **Artmanatic** within **14 days** of the purchase date. Failure to report the issue within this timeframe may result in a waiver of your right to request any remedy, including a refund or replacement.

– **Resolution Attempt**: Upon receiving a report of an issue, **Artmanatic** will make every reasonable effort to rectify the problem by:
– Providing a replacement file,
– Assisting with technical troubleshooting, or
– Offering guidance on how to properly access the file on your system.

– **Final Decision**: If **Artmanatic** determines that the issue cannot be resolved, we may, at our discretion, issue a refund. However, if the product has been accessed or downloaded, we reserve the right to deny the refund unless a technical fault on our side is proven.

#### **6.3 Non-Refundable Situations**
Certain situations do not qualify for refunds under any circumstances, including but not limited to:
– **Change of Mind**: Refunds are not provided for buyers who change their mind about the purchase after the digital product has been delivered.
– **Compatibility Issues**: It is the buyer’s responsibility to ensure that the digital product is compatible with their device and software. **Artmanatic** provides detailed descriptions, including format and specifications, for all digital products, and we do not offer refunds for incompatibility issues that arise due to buyer error.
– **Accidental Purchases**: If you mistakenly purchase a product, but the download has already been completed, a refund will not be issued. We encourage users to carefully review their shopping cart before completing a purchase.
– **Unauthorized Use**: Any claim of unauthorized use of your payment method will need to be addressed with your payment provider (e.g., PayPal). **Artmanatic** is not responsible for refunding charges resulting from unauthorized use of your account or payment method.

#### **6.4 Cancellations**
– **Before Download**: If you wish to cancel an order before downloading the product, you may request a cancellation by contacting **Artmanatic** immediately at [Insert Contact Information]. If the digital product has not yet been downloaded or accessed, we may, at our discretion, approve the cancellation and issue a refund.

– **After Download**: Cancellations are not permitted once the digital product has been downloaded, and no refunds will be granted once the digital file has been accessed. As digital products are instantly delivered upon purchase, you waive your right to cancellation once the download has commenced.

– **Subscription Services**: If **Artmanatic** introduces subscription services in the future, specific terms for cancellation of those services will be provided. Until then, all purchases of digital products are one-time, non-refundable transactions.

#### **6.5 Chargebacks and Payment Disputes**
– **Contact Us First**: Before initiating a chargeback or payment dispute through your payment provider, we encourage you to contact **Artmanatic** directly to resolve any issues. Unwarranted chargebacks can result in the suspension of your account and access to future purchases.

– **Fraudulent Chargebacks**: If you file a chargeback that is determined to be fraudulent or unwarranted (e.g., falsely claiming that a product was not delivered after successful download), **Artmanatic** reserves the right to dispute the chargeback with your payment provider and take legal action if necessary. We also reserve the right to terminate your account and block access to any future purchases.

– **Investigation of Chargebacks**: In the case of a chargeback, **Artmanatic** will investigate the claim and provide evidence to the payment provider, such as download logs, transaction confirmations, and user communications. If the chargeback is decided in our favor, your account may be subject to suspension, and further legal steps may be taken.

#### **6.6 Refund Method**
– **Refund Method**: If a refund is approved, it will be issued using the same payment method used for the original purchase. Refunds will typically be processed through PayPal, and the time it takes to reflect in your account may vary based on your financial institution’s processing times. **Artmanatic** is not responsible for delays in processing refunds once they have been issued.

#### **6.7 Liability for Refund and Cancellations**
– **No Obligation to Refund**: Except as explicitly outlined in these Terms and Conditions, **Artmanatic** is under no obligation to issue refunds or offer cancellations for digital products once the purchase has been completed.

– **Limitations of Liability**: **Artmanatic** is not liable for any losses or damages arising from failed downloads, corrupted files, or incompatibility issues beyond the replacement or refund of the purchased digital product in accordance with this section. **Artmanatic’s** total liability is limited to the amount paid for the product in question.

#### **6.8 Governing Law and Consumer Rights**
– **Consumer Rights**: The refund and cancellation policies outlined in these Terms comply with applicable laws in the **United Kingdom**. While digital products are generally non-refundable, consumers may have certain statutory rights that are not affected by these terms.

– **UK and EU Law**: Under UK and EU consumer law, the right to cancel a digital download order is lost once the download has begun with the consumer’s consent. By completing a purchase on **Artmanatic** and downloading the digital product, you acknowledge and agree that you waive your right to cancel the order under the Consumer Contracts Regulations once the download begins.

#### **6.9 Amendments to Refund and Cancellation Policy**
– **Policy Updates**: **Artmanatic** reserves the right to amend or update its Refund and Cancellation Policy at any time. Any changes will be reflected on this page, and it is the user’s responsibility to review the terms periodically. Changes will not apply retroactively to purchases made before the update.

By purchasing from **Artmanatic**, you acknowledge that you have read, understood, and agree to be bound by these refund and cancellation terms. Any violation of these terms may result in the forfeiture of rights to a refund, cancellation, or dispute resolution.

7. Intellectual Property

This section outlines the ownership, protection, and limitations of intellectual property rights associated with the content and products offered by **Artmanatic**, as well as the obligations of users regarding the use and protection of such intellectual property. By accessing or purchasing products from **Artmanatic**, you agree to be bound by the following terms regarding intellectual property.

#### **7.1 Ownership of Intellectual Property**
– **Website Content**: All content, designs, graphics, logos, images, videos, text, and other materials available on the **Artmanatic** website are the exclusive property of **Artmanatic** or its licensors. This includes but is not limited to the overall look and feel of the website, as well as any underlying code and software that powers it.

– **Digital Products**: All digital art products available for purchase on **Artmanatic** are original works created by our artists and/or licensed for distribution through our platform. These digital products, including any derivative works, remain the intellectual property of **Artmanatic** or the respective creator, unless otherwise explicitly stated.

– **Trademarks**: Any trademarks, service marks, logos, or brand identifiers used on the website or in connection with the digital products are the exclusive property of **Artmanatic** or their respective owners. Users are not granted any license or right to use these trademarks without prior written consent from **Artmanatic** or the trademark owner.

#### **7.2 License for Purchased Digital Products**
– **Limited License**: When you purchase a digital product from **Artmanatic**, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to download, access, and use the digital product for personal, non-commercial purposes only. Ownership of the intellectual property does not transfer to you with the purchase of a digital product. You are purchasing the right to use the product under the terms outlined in this agreement, not the product itself.

– **Permitted Use**: The digital products are licensed for personal use, which may include:
– Displaying the digital art on personal devices such as computers, phones, or tablets.
– Printing the digital art for personal display (e.g., in your home or private workspace).
– Incorporating the art into personal projects, provided these projects are not used for commercial gain or distributed publicly.

– **Prohibited Use**: You may not engage in any of the following activities without prior written consent from **Artmanatic**:
– **Commercial Use**: You are prohibited from using the digital products for any commercial purpose, including but not limited to selling, licensing, sublicensing, distributing, or otherwise exploiting the art for financial gain.
– **Modifications and Derivative Works**: You are not permitted to modify, adapt, alter, or create derivative works based on the digital art, except for personal, non-commercial purposes. Even then, these derivative works must not be publicly shared or used for profit.
– **Redistribution**: You may not share, distribute, or make the digital products available for download to any third parties, whether for free or for a fee.
– **Reproduction for Sale**: Printing the digital art for sale or inclusion in products (e.g., posters, merchandise) without proper licensing is strictly prohibited.
– **Public Display**: Public display of the digital products in a commercial or promotional setting, such as websites, exhibitions, social media, or advertisements, is not permitted unless prior written approval is obtained from **Artmanatic**.

#### **7.3 User-Generated Content**
– **No Intellectual Property Rights Transfer**: If you, as a user, submit any content (e.g., comments, feedback, suggestions, or reviews) to **Artmanatic**, you do not retain any intellectual property rights over the submitted content. By submitting such content, you grant **Artmanatic** a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, distribute, and publicly display the content in any format or media, without compensation to you.

– **User Responsibility**: You warrant that any content you submit does not infringe upon the intellectual property rights of third parties and is free from any unlawful material. You are solely responsible for any legal liability that may arise from the content you submit, and **Artmanatic** reserves the right to remove any content that it deems, at its sole discretion, to be in violation of these terms.

#### **7.4 Reporting Intellectual Property Infringement**
– **DMCA and Takedown Requests**: **Artmanatic** respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property rights have been infringed by content or products available on **Artmanatic**, you may submit a takedown request under the **Digital Millennium Copyright Act (DMCA)** or other applicable intellectual property laws by contacting us at [Insert Contact Information].

– **Infringement Investigation**: Upon receiving a valid notice of intellectual property infringement, **Artmanatic** will investigate the claim and may, at its sole discretion, remove or disable access to the infringing content. **Artmanatic** also reserves the right to terminate the accounts of users found to be repeat infringers of intellectual property rights.

#### **7.5 Third-Party Intellectual Property**
– **Licensed Content**: Some digital products and materials on **Artmanatic** may contain elements licensed from third-party creators, and such licenses may impose additional restrictions on the use of those materials. Users are responsible for ensuring that their use of third-party licensed content complies with the terms of those licenses.

– **External Links and Embedded Content**: The website may contain links to third-party websites or embedded content (e.g., videos, images). **Artmanatic** does not claim ownership of third-party intellectual property and is not responsible for the content or practices of these external sites. Users should review the intellectual property terms of any third-party site or service they visit through links on **Artmanatic**.

#### **7.6 Consequences of Intellectual Property Violations**
– **Termination of License**: Any unauthorized use, copying, reproduction, distribution, or other violations of **Artmanatic’s** intellectual property rights will result in the immediate termination of your license to use the digital products and may result in legal action. Upon termination, you must immediately cease using and destroy any copies of the digital products in your possession.

– **Legal Recourse**: **Artmanatic** reserves the right to pursue all available legal remedies, including but not limited to filing lawsuits, seeking damages, or requesting injunctive relief to protect its intellectual property rights. Users found to be infringing upon **Artmanatic’s** intellectual property may also be responsible for covering any legal fees and damages resulting from their unauthorized use.

#### **7.7 User Compliance**
– **Acknowledgment of Rights**: By using **Artmanatic** and purchasing digital products, you acknowledge and agree that all intellectual property rights, including copyrights, trademarks, and any other proprietary rights associated with the website and digital products, remain the sole property of **Artmanatic** or its licensors.

– **Obligation to Comply**: You are obligated to comply with these intellectual property terms and understand that failure to do so may result in the termination of your account and legal action.

#### **7.8 Amendments to Intellectual Property Terms**
– **Policy Updates**: **Artmanatic** reserves the right to amend or update its intellectual property policy at any time. Any changes will be reflected on this page, and it is your responsibility to review the terms periodically. Continued use of the website and its products following any updates constitutes your acceptance of the amended terms.

By purchasing digital products from **Artmanatic**, you agree to abide by these intellectual property terms and respect the rights of creators and licensors. Violation of these terms may result in account termination, legal action, or other consequences as deemed appropriate by **Artmanatic**.

8. Limitation of Liability

### **8. Limitation of Liability**

This section sets forth the limitations of **Artmanatic’s** liability regarding your use of the website and digital products. By accessing or purchasing from **Artmanatic**, you acknowledge and agree to the following limitations of liability, which are designed to protect both parties from undue risk.

#### **8.1 General Disclaimer**
– **No Warranty**: **Artmanatic** provides the website and digital products “as is” and “as available” without any warranties, express or implied. **Artmanatic** makes no representations or warranties regarding the accuracy, completeness, reliability, or availability of the website or digital products. All warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed to the fullest extent permitted by law.

– **Site Availability**: While **Artmanatic** strives to maintain the website’s availability and functionality, it does not guarantee that the website will be uninterrupted, error-free, or free of viruses or other harmful components. **Artmanatic** is not responsible for any disruptions, downtime, or issues arising from your use of the website.

#### **8.2 Limitation of Liability**
– **Direct Damages**: To the maximum extent permitted by applicable law, **Artmanatic** shall not be liable for any direct damages, losses, or costs incurred by you in connection with your use of the website or digital products, including but not limited to, damages related to lost profits, data loss, or business interruption.

– **Indirect and Consequential Damages**: **Artmanatic** shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website or digital products, even if **Artmanatic** has been advised of the possibility of such damages. This includes but is not limited to damages resulting from the inability to use the website or digital products, errors or omissions in the content, or third-party claims.

– **Maximum Liability**: **Artmanatic’s** total liability to you for any claim arising out of or related to your use of the website or digital products shall not exceed the amount paid by you for the digital product(s) giving rise to the claim, or **£50**, whichever is less. This limitation of liability applies to all claims, whether based in contract, tort, negligence, or any other legal theory.

#### **8.3 No Liability for Third-Party Content**
– **External Links**: The website may contain links to third-party websites or services. **Artmanatic** does not control, endorse, or assume responsibility for any third-party content or websites. You agree that **Artmanatic** shall not be liable for any damages, losses, or issues arising from your access or use of third-party websites or content.

– **Third-Party Services**: Any services or products provided by third parties, including payment processors like PayPal, are subject to the terms and conditions of those third parties. **Artmanatic** is not liable for any issues or disputes related to third-party services and you should address any concerns directly with the relevant third party.

#### **8.4 Indemnification**
– **User Responsibility**: You agree to indemnify, defend, and hold harmless **Artmanatic**, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
– Your use of the website and digital products,
– Your violation of these Terms and Conditions,
– Any content you submit or transmit through the website,
– Your infringement of any intellectual property or other rights of any third party.

– **Cooperation**: In the event of a claim for indemnification, **Artmanatic** will promptly notify you in writing of the claim, and you agree to cooperate in defending such claim. **Artmanatic** reserves the right to control its own defense and settlement at its own expense.

#### **8.5 Force Majeure**
– **Event of Force Majeure**: **Artmanatic** shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, wars, riots, strikes, power outages, or other force majeure events.

– **Notification and Resolution**: In the event of a force majeure situation, **Artmanatic** will notify you as soon as practicable and will make reasonable efforts to resume performance. **Artmanatic** will not be liable for any loss or damage caused by the delay or failure of performance due to such events.

#### **8.6 Limitation of Remedies**
– **Exclusive Remedy**: Your exclusive remedy for any dissatisfaction or issues with the website or digital products is to cease using the website and, if applicable, request a refund in accordance with our Refund Policy. **Artmanatic** is not liable for any other remedies or claims beyond those specified in these Terms and Conditions.

#### **8.7 Jurisdictional Limitations**
– **Local Law Considerations**: Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations and exclusions may not apply to you. In such cases, **Artmanatic’s** liability will be limited to the fullest extent permitted by law in your jurisdiction.

By using the **Artmanatic** website and purchasing digital products, you agree to the limitations of liability outlined in this section. These limitations are intended to protect both you and **Artmanatic** and ensure that any disputes are resolved fairly and in accordance with these Terms and Conditions.

9. Jurisdiction

This section addresses the governing law, jurisdiction, and dispute resolution mechanisms applicable to your use of the **Artmanatic** website and digital products. By using our website or purchasing from us, you agree to the following terms related to jurisdiction and legal proceedings.

#### **9.1 Governing Law**
– **Applicable Law**: These Terms and Conditions, as well as any disputes or claims arising out of or related to your use of the **Artmanatic** website or digital products, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

#### **9.2 Jurisdiction**
– **Exclusive Jurisdiction**: You agree that any legal action or proceeding arising out of or related to these Terms and Conditions or your use of the website or digital products shall be exclusively brought in the courts of England and Wales. You consent to the personal jurisdiction of these courts and waive any objections to venue or forum non conveniens.

– **Dispute Resolution**: Before initiating any legal action, you agree to make reasonable efforts to resolve any disputes or claims through informal discussions with **Artmanatic**. If the dispute cannot be resolved informally, you agree to submit the dispute to mediation or arbitration in accordance with the procedures outlined below.

#### **9.3 Alternative Dispute Resolution (ADR)**
– **Mediation**: If a dispute arises, you agree to first seek resolution through mediation. Both parties agree to engage in mediation in good faith and to cooperate in selecting a mediator and establishing a mediation process. The mediation will take place in London, England.

– **Arbitration**: If mediation does not resolve the dispute, the matter will be submitted to arbitration. The arbitration will be conducted in London, England, in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration will be conducted by a single arbitrator appointed by the LCIA, and the arbitration proceedings will be conducted in English.

– **Costs and Fees**: Each party will bear its own costs and legal fees incurred in connection with mediation and arbitration. The arbitrator may award costs and fees as part of the arbitration decision, including reasonable attorneys’ fees and expenses, if deemed appropriate.

#### **9.4 Class Action Waiver**
– **No Class Actions**: You agree that any dispute or claim you may have will be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding. You waive any right to participate in a class action or similar proceedings related to disputes with **Artmanatic**.

#### **9.5 Severability**
– **Enforceability**: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from these Terms and Conditions, and the remaining provisions will continue to be in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that closely matches the original intent of the parties.

#### **9.6 Waiver**
– **No Waiver**: The failure of **Artmanatic** to enforce any provision of these Terms and Conditions will not be deemed a waiver of its right to enforce such provision or any other provision in the future. No waiver of any term or condition will be effective unless made in writing and signed by an authorized representative of **Artmanatic**.

#### **9.7 Entire Agreement**
– **Complete Agreement**: These Terms and Conditions constitute the entire agreement between you and **Artmanatic** regarding your use of the website and digital products and supersede any prior agreements, understandings, or representations, whether written or oral, relating to the subject matter of these Terms and Conditions.

#### **9.8 Amendments to Terms**
– **Changes to Terms**: **Artmanatic** reserves the right to amend or update these Terms and Conditions at any time. Any changes will be posted on the website, and it is your responsibility to review the Terms periodically. Continued use of the website and digital products following any amendments constitutes your acceptance of the revised Terms and Conditions.

By using the **Artmanatic** website and purchasing digital products, you acknowledge and agree to the jurisdictional terms outlined in this section. These terms are designed to provide clarity on legal processes and ensure that any disputes are resolved in an orderly and fair manner.

10. Privacy Policy

This Privacy Policy outlines how **Artmanatic** collects, uses, discloses, and protects your personal information when you access and use our website and digital products. We are committed to ensuring your privacy and safeguarding your data in accordance with applicable laws, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. By using our website or purchasing our products, you agree to the practices described in this Privacy Policy.

#### **10.1 Information We Collect**

– **Personal Information**: When you create an account, make a purchase, or contact us, we may collect personal information such as your name, email address, phone number, and billing address. We may also collect payment information (e.g., PayPal account details) necessary to process transactions.

– **Account Information**: If you create an account on our website, we will collect and store your username, password, and other information related to your account activity.

– **Usage Data**: We collect data on how you interact with our website, including IP address, browser type, operating system, referring URLs, and pages viewed. This data helps us understand user behavior and improve our website’s functionality.

– **Cookies and Tracking Technologies**: We use cookies and other tracking technologies to enhance your experience on our website. Cookies are small text files placed on your device that help us recognize you and track your preferences. You can manage your cookie settings through your browser preferences.

#### **10.2 How We Use Your Information**

– **To Provide Services**: We use your personal information to process transactions, manage your account, provide customer support, and communicate with you regarding your purchases and account activity.

– **To Improve Our Website**: We use usage data to analyze trends, track user behavior, and enhance the functionality and performance of our website.

– **To Send Marketing Communications**: With your consent, we may send you promotional emails or newsletters about new products, special offers, and updates. You can opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in the emails.

– **To Comply with Legal Obligations**: We may use your information to comply with applicable laws, regulations, and legal processes, including responding to lawful requests and enforcing our Terms and Conditions.

#### **10.3 Sharing Your Information**

– **Third-Party Service Providers**: We may share your information with third-party service providers who assist us in operating our website, processing payments, and delivering services. These third parties are obligated to protect your information and use it only for the purposes for which it was provided.

– **Legal Requirements**: We may disclose your information if required by law, regulation, or legal process, or to protect our rights, property, or safety, or the rights, property, or safety of others.

– **Business Transfers**: In the event of a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity. We will notify you of any such change and how it may affect your information.

#### **10.4 Data Security**

– **Protection Measures**: We implement reasonable technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction. However, no system can be entirely secure, and we cannot guarantee the absolute security of your information.

– **Data Breaches**: In the event of a data breach that compromises your personal information, we will notify you as required by law and take steps to address the breach and mitigate any potential harm.

#### **10.5 Your Rights**

– **Access and Correction**: You have the right to access, review, and correct your personal information held by **Artmanatic**. You can update your account information through your account settings or by contacting us directly.

– **Deletion**: You have the right to request the deletion of your personal information. We will comply with your request, subject to any legal obligations to retain certain information.

– **Objection to Processing**: You have the right to object to the processing of your personal information for direct marketing purposes or other processing activities based on legitimate interests.

– **Data Portability**: You have the right to request a copy of your personal information in a structured, commonly used, and machine-readable format.

– **Contact Us**: To exercise your rights or for any privacy-related inquiries, please contact us at [Insert Contact Information].

#### **10.6 International Data Transfers**

– **Data Transfers**: Your personal information may be transferred to and processed in countries outside the European Economic Area (EEA). When transferring data internationally, we ensure that appropriate safeguards are in place to protect your information in accordance with applicable data protection laws.

– **Privacy Shield**: If applicable, we comply with international data protection frameworks such as the EU-U.S. Privacy Shield framework to ensure adequate protection of your personal information.

#### **10.7 Third-Party Links**

– **External Websites**: Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any third-party sites you visit.

#### **10.8 Policy Updates**

– **Changes to Privacy Policy**: **Artmanatic** reserves the right to update or amend this Privacy Policy at any time. Any changes will be posted on our website, and the revised policy will become effective as of the date of posting. Your continued use of the website following any changes constitutes your acceptance of the updated Privacy Policy.

By using the **Artmanatic** website and purchasing digital products, you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy. We are committed to protecting your privacy and will take appropriate measures to safeguard your personal data.

11. Changes to Terms and Conditions

This section explains how **Artmanatic** may update or amend these Terms and Conditions and how such changes will be communicated to you. By continuing to use our website and digital products, you agree to be bound by any changes made to these Terms and Conditions.

#### **11.1 Right to Modify**

– **Artmanatic’s Discretion**: **Artmanatic** reserves the right to modify, amend, or update these Terms and Conditions at any time, at its sole discretion. Changes may be made to reflect changes in law, industry practices, or our business operations.

#### **11.2 Notification of Changes**

– **Posting of Revised Terms**: Any modifications or updates to these Terms and Conditions will be posted on the **Artmanatic** website. The revised terms will become effective immediately upon posting unless otherwise specified.

– **Email Notification**: For significant changes that materially affect your rights or obligations, we may notify you via email or through your account if you have provided contact information to us. It is your responsibility to ensure that the contact information you provide is accurate and up-to-date.

#### **11.3 Your Responsibility**

– **Review of Terms**: You are responsible for reviewing these Terms and Conditions periodically to stay informed of any changes. Continued use of the website or digital products after any changes to the Terms and Conditions constitutes your acceptance of and agreement to the revised terms.

– **Rejection of Changes**: If you do not agree to the updated Terms and Conditions, you must cease using the website and digital products immediately. Your continued use after the effective date of the changes will be deemed as acceptance of the new terms.

#### **11.4 Record of Changes**

– **Version History**: The date of the most recent update to these Terms and Conditions will be indicated at the top of the document. You can refer to this date to determine when changes were last made.

– **Archived Versions**: Previous versions of the Terms and Conditions may be archived for your reference. If you wish to review a prior version, please contact us at [Insert Contact Information].

#### **11.5 Severability**

– **Enforceability of Changes**: If any provision of the updated Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that closely matches the original intent.

#### **11.6 Agreement to Changes**

– **Binding Agreement**: By continuing to access or use the **Artmanatic** website or digital products after any changes to the Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by the updated terms.

#### **11.7 Contact Information**

– **Questions or Concerns**: If you have any questions or concerns about the changes to the Terms and Conditions or need further clarification, please contact us. We are here to assist you and address any issues you may have regarding the terms.

By using the **Artmanatic** website and purchasing digital products, you agree to the procedures outlined in this section regarding changes to our Terms and Conditions. We appreciate your understanding and cooperation in keeping your engagement with **Artmanatic** informed and up-to-date.

12. Contact Information

This section provides the details on how you can reach **Artmanatic** for inquiries, support, or other communication related to the website and digital products. We are here to assist you and address any questions or concerns you may have.

#### **12.1 General Inquiries**

– **Email Address**: For general questions or information about our website, products, or services, you can contact us via our support page.

#### **12.2 Support and Assistance**

– **Customer Support**: For assistance with issues related to your account, purchases, or technical support, please contact our customer support team. We aim to respond to all support requests within  48 hours.

#### **12.3 Legal Notices**

– **Legal Department**: For legal notices, including DMCA takedown requests or other legal matters, please contact our via our website contact form.

– **Contact Form**: Alternatively, you can use our online contact form available on the [Contact Us](https://artmanatic.com/contact) page of our website to submit your inquiries or requests.

#### **12.4 Updates and Communications**

– **Account Updates**: For updates related to your account, including changes to your personal information or subscription preferences, please log in to your account or contact us directly.

– **Privacy Concerns**: If you have concerns about your personal data or wish to exercise your data protection rights, please reach out to us.

#### **12.5 Response Time**

– **Acknowledgment of Receipt**: We will acknowledge receipt of your inquiry within [ 1-2 business days] and provide a response as soon as possible. For more complex issues, it may take additional time, and we will keep you informed of the progress.

By contacting us through the provided channels, you agree to our communication procedures and understand that **Artmanatic** is committed to addressing your inquiries and concerns in a timely and effective manner. We appreciate your engagement and look forward to assisting you.

13. Universal Jurisdiction

In keeping with the innovative and forward-thinking nature of **Artmanatic**, we hereby extend the applicability of these Terms and Conditions to the fullest extent permitted by law, across all locations within **the known universe**, and beyond any existing or future boundaries, both terrestrial and extraterrestrial.

#### **13.1 Scope of Application**
– **Terrestrial Jurisdiction**: These Terms and Conditions apply to all users accessing the **Artmanatic** website and purchasing digital products, regardless of their location on Earth, including any countries, states, territories, and jurisdictions recognized under Earth-based law.

– **Extraterrestrial Jurisdiction**: These Terms and Conditions shall also apply in any and all non-terrestrial environments. This includes but is not limited to:
– **The Moon**: Any human settlement, research station, or other installations present or future on the Moon.
– **Mars**: Any colonies, outposts, or other human habitations on Mars or within its orbit.
– **Spacecraft**: Any spacecraft, satellite, or space station, whether manned or unmanned, public or private.
– **Interplanetary or Interstellar Travel**: Any spacecraft, vehicle, or platform used for interplanetary or interstellar travel or exploration.
– **Other Celestial Bodies**: Any legal presence established on other celestial bodies, such as asteroids, moons of other planets, or space stations orbiting or located near such bodies.

#### **13.2 Enforcement Beyond Earth**
– **Mars and Other Celestial Territories**: In the event that human habitation or business operations are established on Mars, the Moon, or any other celestial body, **Artmanatic** reserves the right to enforce these Terms and Conditions in these territories. If no clear governing body exists, you agree to settle any disputes in accordance with the governing principles of self-determination and human rights as defined by international space law and future interplanetary governance agreements.

– **Space Treaties**: In cases where international treaties such as the **Outer Space Treaty of 1967** or any future space agreements apply, these Terms and Conditions will be interpreted in accordance with those agreements, ensuring compliance with all legal requirements for activities beyond Earth’s atmosphere.

#### **13.3 Arbitration in Extraterrestrial Jurisdictions**
– **Dispute Resolution**: Should any legal disputes arise while you are located in space or on a celestial body, **Artmanatic** encourages both parties to engage in good faith efforts to resolve such disputes through arbitration, even in interplanetary or space-based environments.
– Arbitration shall take place in a mutually agreed upon virtual setting, using video conferencing or holographic communication platforms suitable for the jurisdiction.
– In the absence of an agreed venue, arbitration will default to the laws of England and Wales, as outlined in Section 9, regardless of the physical or extraterrestrial location of the parties involved.

#### **13.4 Class Action Waiver in Space**
– **Class Action Waiver**: As with terrestrial disputes, you agree to waive any right to participate in class actions, mass arbitrations, or representative proceedings while in space or any extraterrestrial location. All disputes must be resolved on an individual basis, whether they arise from Earth or beyond.

#### **13.5 Legal Force and Practical Implications**
– **Non-Recognition of Extraterrestrial Governance**: In the event that extraterrestrial settlements establish independent governance not recognized by Earth-based jurisdictions, **Artmanatic** reserves the right to interpret and enforce these Terms and Conditions based on the principles of Earth-bound law, unless agreed otherwise.
– **Impossibility of Enforcement**: Should it become practically impossible to enforce any provisions of these Terms and Conditions in extraterrestrial jurisdictions, the relevant provisions will remain in effect where enforceable and will not affect the enforceability of the remaining provisions.

#### **13.6 Forward-Looking Statements**
– **Expansion into Space**: As humanity continues its exploration and colonization of space, **Artmanatic** anticipates that future technologies and legal systems will evolve to facilitate commerce in space. **Artmanatic** will adapt its business and legal practices accordingly and may amend these Terms and Conditions to reflect new developments in space law, extraterrestrial trade, or interplanetary commerce.

– **Future Jurisdictional Bodies**: Should governing bodies or international organizations be established to regulate space commerce, **Artmanatic** commits to adhering to all relevant laws, treaties, and regulations enacted by such entities.

#### **13.7 Binding Nature**
– **Comprehensive Coverage**: By using the **Artmanatic** website and purchasing digital products, you agree to the universal jurisdiction provisions set forth herein. These provisions are intended to ensure continuity of legal application and dispute resolution, no matter where in the known universe you may be located when engaging with **Artmanatic**.

This section acknowledges both the current and potential future legal environments as humanity expands into space. **Artmanatic** is committed to safeguarding its rights and upholding its responsibilities in all present and future domains, ensuring that our business operations and user obligations are clearly defined and legally protected throughout the universe.

14. AI-Generated Art and Licensing for Personal Use

14. AI-Generated Art and Licensing for Personal Use

This section clarifies the nature of the digital art sold on **Artmanatic**, particularly regarding AI-generated works, and outlines the licensing terms associated with their use. By purchasing art from **Artmanatic**, you are entering into a licensing agreement that governs how the artwork may be used.

#### **14.1 AI-Generated Art**
– **Nature of the Works**: Some of the digital art available on **Artmanatic** is created using artificial intelligence (AI) tools or algorithms. Current legal rulings specify that works created solely by AI are not eligible for copyright protection under traditional copyright laws.

– **No Copyright Ownership**: By purchasing or downloading AI-generated artwork from **Artmanatic**, you acknowledge that no copyright ownership is transferred to you, as such works are not recognized by law as being subject to copyright protection by non-human creators.

#### **14.2 Licensing Agreement for Personal Use**
– **Personal Use Only**: Any digital art purchased from **Artmanatic** is provided under a **non-exclusive, non-transferable license** for personal use only. This means you may use the artwork for personal projects, display, or enjoyment, but not for any commercial or resale purposes unless specifically authorized in writing by **Artmanatic**.

– **Prohibited Commercial Use**:
– You are prohibited from using the artwork for any commercial purposes, including but not limited to selling, licensing, or using the art in marketing, advertising, merchandise, or for profit-making activities.
– You may not redistribute, resell, sublicense, or transfer the rights to the artwork to any third party.
– Any commercial use requires **explicit written permission** from **Artmanatic**. Without such permission, any use outside of personal, non-commercial applications is strictly prohibited.

#### **14.3 Modification and Derivative Works**
– **Modification for Personal Use**: You may modify the artwork for personal use (e.g., resizing, cropping), but any derivative works created from the original artwork cannot be used for commercial purposes without prior written consent from **Artmanatic**.
– **No Claim of Ownership**: Even if you modify the artwork, you cannot claim ownership or authorship of the original or modified versions, and the rights remain with **Artmanatic**.

#### **14.4 Acknowledgment of Legal Status**
– **Understanding AI Art Laws**: By purchasing or downloading AI-generated art from **Artmanatic**, you acknowledge the current legal limitations regarding the copyright status of AI-generated works. These artworks are provided under a limited license, and no ownership rights are transferred to you.

– **Agreement to Licensing Terms**: By using the **Artmanatic** website and purchasing AI-generated art, you agree to abide by the licensing terms outlined in this section, specifically the limitations on personal and non-commercial use.

#### **14.5 Disclaimer of Warranties**
– **No Copyright Warranties**: **Artmanatic** makes no guarantees regarding the copyrightability of AI-generated works. We do not guarantee that these works will receive legal protection in the future under changing copyright laws.

– **Changes in Law**: If future legal rulings affect the status of AI-generated works, **Artmanatic** reserves the right to update the licensing terms accordingly. Any such changes will be communicated to you, and continued use of the artwork will constitute acceptance of the updated terms.

#### **14.6 Limitation of Liability**
– **Liability for Unauthorized Use**: You agree that **Artmanatic** is not responsible for any legal claims or damages arising from your unauthorized commercial use or attempts to claim ownership of AI-generated art. It is your responsibility to ensure that your use of the artwork complies with this agreement and applicable laws.

– **Enforcement of Licensing Terms**: **Artmanatic** reserves the right to take legal action, including the termination of your license, for any violation of the terms, including unauthorized commercial use, resale, or redistribution of the artwork.

By purchasing or downloading digital artwork from **Artmanatic**, you are entering into a legally binding agreement to use the artwork strictly for personal purposes. Any use beyond personal enjoyment, such as commercial exploitation, requires express written permission from **Artmanatic** and is subject to the terms outlined in this section.

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