Karson Wayne is a online art space site and is committed by providing an enjoyable experience while marking the privacy of its customers.
This agreement and/or the Contract is a legal agreement between Karson Wayne and its customers and constituents.
By using the site Karson Wayne you accept the terms of this agreement and if you do not accept these terms you are not entitled to opt for this art related site.
That if you are a legal minor under the applicable laws in your region you represent that you have reviewed this agreement with your parent or legal guardian and that you and your parent or guardian understand and comment to the terms and conditions of this agreement and thus after perusing the terms and conditions of this agreement you as the legal minor will also clearly understand that your accessibility to this art site is strictly prohibited and restricted but despite such restrictions if you dare to have access to this art site you will assume all risks associated with the minor’s use of the said site and above all you will have to face the consequences of penal actions for your accessibility to the art site as minor.
Karson Wayne knows how important privacy is to our customers. Karson Wayne wants to make sure that you have understood how we collect and use the personal information of the customer.
That Karson Wayne used to collect minimum data of its customers.
INFORMATION COLLECTED AUTOMATICALLY
Karson Wayne uses “session” or temporary cookies to ensure that you are recognized when you move from page to page on the site and that any information you enter on the site are not lost as you navigate the site.
If any customer accessing our site do not want to have cookies placed on its computer one can set its browser to refuse or remove cookies by following the instructions in the browser’s help file.
It’s a very restrictive condition that the personal informations of the customers will not being shared with any one and the only intention behind storing the secret information about our customers is simply to keep in track about a particular customer access to he site and if any transaction will take place then in that respect to keep track of the said fact also so that a specific customer will not deny about its accessibility to my site and also concerning any particular transaction if will take place then all the details regard to the said transaction will remain stored through availability of the information about that very customer so that it will avoid any future complications with the customers and incase of any denial due to any reasons best known to those customers such storing of information will help confront with those disputed customers in the near future.
FREEDOM OF SPEECH AND EXPRESSION
That it is pertinent to mention herein that the site Karson Wayne is exclusively related with the artistic views concepts and ideologies rather Karson Wayne is absolutely an art based site so the art of works of various models and sketches and drawings in the form of artistic beauties will not be created with the intention to hurt the sentiments of any religion nor such artistic activities and performances in the form of sketches and outlines as well as any graphic art designs will be irrespective of caste and creed and not created to injure the communal sentiments since art works do not remain confined and/or limited to particular sector the creation of art bounds no scopes or barriers or limitations.
The art works do not remain confined within the limits and/or scope of a particular space rather the beauty of art has its vast scope of expansion irrespective of caste creed and religion which also includes the right to express its respective views through a particular art work and Artistic Freedom is the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressure of non state actors. Generally artistic freedom describes the extent of independence artists obtain to create art freely. Moreover artistic freedom concerns the right of citizens to access artistic expressions and take part in cultural life and thus one of the key issues for democracy. The extent of freedom indispensable to create art freely differs regarding the existence or non existence of national instruments established to protect, to promote to control or to censor artist and their creative expressions. This is why universal, regional and nation legal provisions have been installed to guarantee them right to freedom of expression in general and of artistic expression in particular. In 2013 Ms Farida Shaheed United Nations special rapporteur to the Human Rights Council presented her “Report in the field of cultural rights: The right to freedom of expression and creativity providing a comprehensive study of the status quo of and specifically the limitations and challenges to artistic freedom worldwide. In this study artistic freedom was put forward as a basic human right that went beyond the right to create or the right to participate in cultural life. It stresses the range of fundamental freedoms indispensable for artistic expressions and creativity.
So the above points clearly defines that the artistic ideas and works cannot be created within the barriers of having a particular expression since the definition of art works is vast.
AUTHORITY TO SELL FULFILLING THE CONDITION
Any interested customer or constituent bears the authority to sell the art works of Karson Wayne that particular customer requires to take the consent of the original vendor of the particular art works that is Karson Wayne and that specific buyer only have the right to sell the particular art work of Karson Wayne under the brand name of Karson Wayne.
That it is also one of the prime conditions that once the buyer intends to sell the particular art work of Karson Wayne under the brand name of Karson Wayne that very buyer shall be obliged and/or liable to pay the royalty value of 20% of the selling price to Karson Wayne and such procedure of paying royalty shall be paid to Karson Wayne if the original vendor will die it will continue for the period of 100 years and the brand name cannot be changed.
All paintings are under copyright act 1957, hence circulation of digital downloadable paintings will not be entertained and is a punishable offence by law .
Once a particular art works is being sold out in favour of the particular buyer that transaction is deemed complete from all its end since no refundable policy and/or concept is in practice in art works.
Following are the reasons for strict compliance of the terms and conditions in respect of the REFUND POLICY as being detailed herein below
FIRSTLY once an art work sold out to any particular customer and/or any entity/ies if he and/or she thereby wants for refund of the sold out amount of the concerned art work such amount cannot be refunded at any cost whatsoever or howsoever since the beauty and elegance of the art works exclusively lie in its pleasure of visualizing and enjoying the feeling of its artistic beauty since the beauty of any art works is an abstract thing its not an object the material use of which will serve benefits to its users but in case of art works once the particular painting is downloaded through its accessibility the said painting immediately passed out to its end user and/or particular buyer and it is due to such reason once the customer and/or buyer taking the benefits of the artistic elegance through accessibility of Karson Wayne site then no question of refund of money at all arises in this particular segment and/or sector.
Art works are nothing in kind but an abstract service and in regard to availability of such service in the art works sector refund policy is not applicable by any means.
SECONDLY once the particular art works is being produced that specific art work immediately on its creation acquired the right under the Indian Copy Right Act 1957 and any further copying of the particular art works simply infringes the right of that person copying the art works so in respect of art works no refund policy is in practice and/or possible and the concerned buyer should be well aware with the said terms and its very reasons.
Once a particular painting is sold out in the form of DIGITAL PRINT PAINTING if get damaged by any means during the period of its transit till the time of reaching in the hands of the buyer and/or customer the said damaged DIGITAL PRINT PAINTING will be forthwith replaced by Karson Wayne within the minimum period of 48 hours from the time of receiving intimation about the damage of the painting but in this respect only replacement can be made out but no refund of money is possible as being mentioned in the above referred clauses.
However any HAND MADE PAINTING and digital painting sketches or designs will not be replaced since once the sketch is created if by any means get damaged due to any reasons the second creation of the said hand made painting is next to impossible and it is due to such reason such works if get damaged cannot be replaced and no refunds .
PRIVACY OF MINOR
Karson Wayne does not knowingly collect personal information online from children and/or minor under the age of 18 years and minor under the age of 18 are strictly prohibited from using our services. If you learn that a minor has provided us with person information please contact us at email@example.com
This is for your information that you should strictly read through this entire
document. By using this website and its services you acknowledge that you have
Your sue of this website and its services is at your own risk with no warranty
expressed or implied. Karson Wayne is not liable for any personal injury,
property damage or other risks undertaken by site users. You agree to indemnify
and hold Karson Wayne and its directors, employers and agents harmless from
any and all claims related to your use of this website or its services.
This Law is strictly governed by the Laws of India. You consent to exclusive
jurisdiction of the State of West Bengal and agree that litigation will be conducted
only in the state of courts of South 24 parganas within whose court the
jurisdiction lies. Any claim presented at any other venue is to be considered as
improperly filed in violation of this agreement. Karson Wayne may recover the
attorney fees and costs incurred responding to improper claims.
The Terms and Service and other policies incorporated by reference set forth the
entire understanding and agreement between you and Karson Wayne regarding
your use of the site and its services. If any part of this agreement is judged as
invalid, it does not affect any of the remaining provisions. Your use of this website
and the services offered is subject to these terms and all other site terms and
INTELLECTUAL PROPERTY RIGHTS
Artists retain all rights to their images. By listing work for sale, artists grant
Karson Wayne permission to perform a service on their behalf by marketing their
artwork for sale and fulfilling their orders.
Site users must respect the intellectual property of others in accordance with the
law. If Karson Wayne receives notice of an infringing work, it reserves the right
to remove that work and disable the associated artist account. Artists are legally
responsible for content they upload to the site and disabled accounts forfeit
The art works of Karson Wayne own the copyright and design rights in any work
produced by it.
The art works of Karson Wayne also possess certain moral rights in its works
which includes among other things the right to be acknowledged as the artist
when the work is displayed in public and the right to object to derogatory
treatment of the work.
Site users must not transmit content that is abusive or illegal. User generated
content must comply with Karson Wayne’s Content Guidelines and Intellectual
Property Policy. Accounts may be terminated at any time for any reasons
including improper use of the website and its services.
DATA WE COLLECT
The date we collect depends on how you use our website.
a) When you register for an account (whether as use or buyer) you may provide your name and email address.
b) Once an account has been registered you may add additional personal or demographic data to your account to customize your online Karson Wayne profile, such as a biographic or profile picture.
c) Users may also add data to the site by creating Collections, uploading images for sale or placing orders.
d) Artists data may also include sales, history, withdrawal history credits and debits and orders placed with or without a balance.
e) Our servers authomatically receive and record non personally identifiable information such as your IP address, Karson Wayne.com cookie information and pages accessed.
TERMS OF SERVICE
Following are the terms and conditions to be abided strictly by the party concerned as being mentioned herein below.
1) No refunds will be entertained on art works and replacements will only be encouraged on Hard Copy of art works, on canvas and any other art medium if any damage will cause by chance.
2) The party will be liable to make full payments for digital downloads and Hand made art works before being able to download on website and order.
3) It is also one of the principle conditions of the agreement and/or contract that digital downloads can only be downloaded only once and cannot be printed at any number of times and can be sold at any platform and art works are subjected to THE COPYRIGHT ACT 1957.
4) Art of any style, idea method is not intended to offend gender, class society religion or any other group or mass and art by Karson is not intended to hurt any one’s feeling on emotional bias.
5) Contract with Karson certifies that you cannot duplicate and copy a
Karson and digital and/or canvas painting can be sold on any platform strictly following the guidelines of the Indian Copy Right Act.
6) It is also the point to be noted that art by Karson is not intended to offend any political socio economical parties and groups.
This is an agreement between you and Karson Wayne. You must agree to these terms and be a legally competent adult at least 18 years of age to use this website.
4. PROPRIETARY RIGHTS
You acknowledge and agree that Karsonwayne may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Karsonwayne authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
Adult Content Disclaimer
The pages of this website are designed for ADULTS only and may include pictures and materials that some viewers may find offensive. If you are under the age of 18, if such material offends you or if it is illegal to view such material in your community please exit the site. The following terms and conditions apply to this site. Use of the site will constitute your agreement to the following terms and conditions:
1.) I am 18 years of age or older
2.) I accept all responsibility for my own actions; and
3.) I agree that I am legally bound to these Terms and Conditions
The content on this website was created for artistic and entertainment purposes.
It was not created with the intention to offend.
4.) And that you have read and understood our terms and conditions .