TERMS AND CONDITIONS
The following terms and conditions govern all use of the See Moore website located at https://www.seemoore.uk/ (“Platform”) made available by See Moore, having its principal place of business at See Moore, Union House, 111 New Union Street, Coventry, CV1 2NT (“See Moore” or “We” or “Our”).
The See Moore Platform is primarily intended for artwork lovers who have good morals and ethics, are eco-friendly, and focused on promoting wellbeing and education in the society. Through this Platform, See Moore makes available certain pictures, texts, audios, videos, or any related graphics (“Content”) for viewing and/or download as stated in these Terms and Conditions and also enables you to purchase certain artwork and related merchandise.
Please read these Terms and Conditions ("Terms and Conditions") which will govern your access, and use of the Platform, Content, and/or purchase of Products. If you do not agree with these Terms and Conditions, please do not access or use the Platform.
If you wish to purchase any Products, you may be required to agree with a separate set of terms and conditions (“Specific Terms”). If there is a conflict between these Terms and Conditions and the Specific Terms, the Specific Terms shall control so far as it relates to the applicable Products.
By accessing or using the Platform, you represent and warrant that:
1) You are either above the age of majority as per the applicable laws to which you are subject or the age of eighteen (18) whichever is greater.
2) You are of sound mind and have the right, authority, and capacity to agree to and abide by these Terms and Conditions.
3) If you are accessing the Platform on behalf of another entity or person, you are authorized to act on behalf of such entity or person and have the full authority to bind such person or entity to these Terms and Conditions.
1.1. We offer 2 types of membership:
1.1.1. Free Membership in which you are eligible to participate in mailing lists, surveys, polls, offer updates, and view/download certain parts of the Content.
1.1.2. Paid membership in which you have access to certain extra Content such as design processes, downloadable colouring pages, hidden exclusive merchandise pages, web comics, educational resources, digital wallpapers, brush packs and priority for exclusive polls, chats and surveys.
1.2. Once you become a member, you are responsible for all activities that occur under your membership and any other actions you take thereto.
1.3. If you are under the age of 18, you may only register for and use the Platform under the supervision and guidance of an adult or your guardian or parent, in which case the adult or the guardian or the parent shall be deemed to be the user and shall be responsible for any activities.
1.4. You will provide See Moore with your accurate, complete, and true contact details (and promptly update the same as needed) including but not limited to name, telephone, email, postal address, and also notify See Moore in writing of any changes thereto.
1.5. See Moore reserves the right to refuse membership at any time in Our sole discretion. Your membership is personal and non-transferable.
1.6. You agree not to:
1.6.1.
Create or access a membership
using a false identity or any false or inaccurate information
1.6.2.
Create or access a membership on
behalf of someone other than yourself.
1.6.3.
Create a membership if you have
been previously removed or banned by Us
1.6.4. Have more than one membership at any given time unless expressly permitted by Us.
1.7. You will be responsible for maintaining the confidentiality and security of your username and password if any. You should also notify Us of any unauthorized uses of your username or password or any other breaches of security. We will not be liable for any unauthorized access to or use of your username or password.
2.1. The Platform contains links to third-party websites or resources which are not part of See Moore such as including but not limited to Ecwid, Etsy, Redbubble, Facebook, Twitter through which you may sign in and enrol for membership.
2.2.
See Moore does not:
2.2.1.
Control, review or monitor such
sites
2.2.2.
Make any warranties or
representations concerning such sites
2.2.3. Endorse such sites or any of their products or services
2.3. We shall not be responsible or liable for these websites including but not limited to their resources, content, availability of the content, information therein.
2.4. You agree to use all such third party sites at your own risk.
3.1.
The Platform and the Content and
Products made available on the Platform are protected by copyright and other
intellectual property and proprietary rights laws throughout the world. Subject
to the Terms and Conditions, See Moore grants you a limited, non-exclusive,
non-transferable, non-sub licensable license to use the Platform, Products and
Content as stated herein solely for your personal and non-commercial purposes.
The use of the Platform enables you to access, view the Content, and print and
download only if required. The status of See Moore as the author of content shall always be acknowledged
as under:
© Copyright 2020 Frederick Moore.
All Rights Reserved.
Content Protected with www.ProtectMyWork.com
The rights granted to You for Use of the Platform, Products and Content are subject to the following restrictions:
4.1. You shall not use, copy, disclose, decompile, reverse engineer, disassemble, adapt, modify, prepare derivative works, distribute, license, sell, transfer, transmit, publicly display, publicly perform, stream, broadcast or otherwise exploit the Platform, Products or Content.
4.2. You shall not remove any copyright, trademark registration, or other proprietary notices from the Platform, Products, or Content.
4.3. You will not infringe or use any of Our brands, logos, trademarks, or other proprietary marks for your use.
4.4. You will not use the Platform, Products, or Content in any way which is harmful to Our interests.
4.5. You will not use the Content for any similar companies, forums, or platforms that are similar to Our Platform or use the Content to compete with or directly or indirectly be involved in a business that competes with See Moore.
4.6. You will not build a similar or competitive product using similar ideas, features, functionality, or graphics of the Platform, Products or Content.
4.7. You will not attempt to circumvent any technological measures related to the Platform.
4.8. You will not interfere with the access or use of Platform, Products or Content by other users.
4.9. You will not intrude into other users privacy rights or harvest information about other users.
4.10. You will not transmit or introduce any kind of virus or any malware or harmful codes in the Platform.
4.11. You will not use the Platform, Products, or Content in any way not permitted or authorized by these Terms and Conditions.
4.12. You will not impersonate or misrepresent yourself while using the Platform, Products or Content.
4.13. You will not use the Platform to violate any applicable laws or rights including privacy rights or intellectual property rights of others.
4.14. You will not make available any content that is immoral, illegal, obscene, vulgar, defamatory, harassing, demeaning, anti-discriminatory, or racist on the Platform.
5.1. You may purchase any Products which are available for sale on the Platform only for non-commercial use.
5.2. The applicable prices for the Products will be specified on the Platform. The prices do not include shipping, delivery charges or applicable taxes which will be separately charged to you.
5.3. Certain of the Products may require additional shipping and other charges due to the special nature of the artwork.
5.4. Note that certain Products may not be available for sale.
5.5. If the Products you selected for purchase are not available, We will offer you options before delivering your order: You have the choice either to:
5.5.1.
accept the other options being
provided or
5.5.2. cancel your order
In case you cancel, we will refund you the money you paid for the purchase of the Products within 30 days by crediting the payment mechanism through which you had made the payment while placing the order.
6.1. We will deliver the Products on your payment of full charges for the applicable Products.
6.2. We may also deliver the Products in multiple stages or instalments if all of the Products you selected are not available for delivery.
6.3. The delivery of the Products will be made on the delivery address provided by you as per the delivery timeline indicated by Us at the time of purchase.
6.4. We operate with multiple custom print on demand service partners such as Printful and Printify. Any delivery timelines and applicable returns of your Products will be subject to the terms and conditions and applicable refund and cancellation policy of the relevant provider/service. You agree that you have read the terms and conditions of the service provider and See Moore shall not be responsible nor liable for any loss, damages, claims arising or related or occurring to you due to the failure of the relevant provider/service to deliver the Products to you or for any Products defects or any conflicts between the Products ordered and those delivered or for any other acts or omissions of such third parties. We do not endorse the foregoing third parties and we do not control their actions or inactions.
6.5. Subject to the terms and conditions of Printful, Printify and other Print on Demand providers:
6.5.1. you may cancel the order you placed within 14 days of your receipt of the applicable Products.
6.5.2. the applicable Products which you intend to return shall be returned within 21 days of delivery by Us with:
6.5.2.1.
The applicable Products and all
the packaging in the original condition;
6.5.2.2.
The applicable Products shall be
securely wrapped;
6.5.2.3. The applicable Products returned shall contain Our invoice.
6.5.3. The above delivery shall be made by you at your risk and charges.
6.5.4. Only when We receive the applicable Products in the condition as stated above, we will work with Printful or Printify as the case may be to refund you the money you paid for the purchase of the applicable Products within 30 days by crediting the payment mechanism through which you had made the original payment for the order.
6.6. Any Products which are custom made for you will not be eligible for cancellation once you place the order and no charges shall be refundable.
7.1. Title, ownership rights, and intellectual property rights in the Platform, Products and Content shall remain the sole property of See Moore or its collaborators or licensors.
7.2. You may download or copy the Content only for your personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
7.3. Except any of the content you may make available on the Platform such as your feedback and recommendations, the Platform, Products and Content and all trademarks, service marks, graphics, logos, designs, elements used in connection with the same, or any other information, content, materials of any kind available on the Platform or made available through the Products or Content are trademarks or copyrights or other intellectual property rights of See Moore or its licensors and may not be used without Our permission.
7.4. Your use of the Platform, Products or Content does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of See Moore or its licensors except as expressly stated herein.
7.5. You grant See Moore and its affiliates, services providers, licensee, agents, representatives, and their respective assign, heirs, and successors, a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, modify, publish, transmit, disseminate, distribute, display, market, promote, sell, create derivative works from, and otherwise exploit such of your content as you may make available on the Platform in any form or medium whatsoever for any purpose. Further, you warrant and represent that any of your content does not infringe on any third party intellectual property rights and further fully complies with these Terms and Conditions. We may a) refuse to accept or b) remove any of your content for any or no reason in our sole discretion.
8.1. If You believe that your material has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
8.1.1. Description and location of the copyrighted work that you claim has been infringed
8.1.2. Identification and location of the material that you believe to be infringing
8.1.3. Written statement by you indicating that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
8.1.4. Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
8.1.5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
8.1.6. Your address, telephone and email address
Contact information for See Moore Copyright Agent for providing the above notice is See Moore, having its principal place of business at See Moore, Union House, 111 New Union Street, Coventry, CV1 2NT email- [email protected]
9.1. The See Moore Privacy Policy, located at https://seemoore.uk/pages/privacy/ provides information about Our collection, use, and disclosure practices related to personal information of users and is incorporated into these Terms and Conditions.
10.1. See Moore may, in its sole discretion, make any changes to the Platform, that it deems necessary or useful to maintain or enhance the quality or delivery of the same.
11.1. We may without prior notice discontinue your use of the Platform and remove any of your content that you have made available, with or without notice, for reasons including but not limited to:
11.1.1. Your breach of any provisions in the Terms and Conditions
11.1.2. As required by law or directed by any regulatory authorities
11.1.3. Our decision to discontinue the Platform or Products (or any part thereof)
11.1.4. Any security issues
11.2. If you want to close the account, You may go into the account settings or request Us for closure of the account to [email protected].
11.3. We may from time to time suspend or terminate access to all or a part of any Platform, or Content, or limit the availability and accessibility to You as per Our discretion and without any reason.
Upon termination of your account or any part of it, your right to use the Platform and Content will automatically terminate immediately. You agree that all suspensions or terminations shall be made at Our sole discretion, and we shall not be liable or responsible to you or any third party for any resultant damages or claims arising or resulting to you or any third party due to such termination.
12.1. The See Moore Disclaimer, located at https://seemoore.uk/pages/disclaimer/ provides information about Our collection, use, and disclosure practices related to personal information of users and is incorporated into these Terms and Conditions.
13.1. You agree to defend, indemnify, and hold See Moore, its successors and assigns, affiliates, officers, directors, employees, agents, representatives, contractors, licensors, and consultants, harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting or arising from, or connected with your use of the Platform or Content or Products or your breach of any provisions in this Terms and Conditions, your violation of any rights (including but not limited to intellectual property rights and privacy rights), or your violation of any applicable laws or standards or practices. This provision will survive termination of the Terms and Conditions.
14.1. In the event of your breach or threatened or alleged breach of these Terms and Conditions, See Moore will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such a breach from any court of competent jurisdiction. Notwithstanding the foregoing, See Moore shall also have the right to obtain other applicable remedies available at law.
15.1. TO THE FULLEST EXTENT PERMITTED BY LAW, SEE MOORE, ITS SUCCESSORS OR ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LICENSORS, CONTRACTORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING OR DELIVERING THE PLATFORM, PRODUCTS, OR CONTENT SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR INFORMATION OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, PRODUCTS OR CONTENT.
15.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SEE MOORE FOR ALL CLAIMS RELATED TO THIS TERMS AND CONDITIONS EXCEED TEN POUNDS (£10) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SEE MOORE FROM YOU DURING THE PAST SIX MONTHS, WHICHEVER IS LESSER.
16.1. These Terms and Conditions are governed by the laws of England and Wales and You agree to submit to the exclusive jurisdiction of, and venue in, the English courts.
17.1. We will send you notice to the last email address you provided to Us. Our dispatch of the email containing any notice will be considered effective notice to You notwithstanding such notice may not be delivered to You for reasons such as including but not limited to the invalidity of your email address, your inbox being full, or email being inaccurate.
17.2. You may give notice to See Moore at [email protected]
18.1. We are not responsible nor liable for any delays or failures in performance from any cause beyond Our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers or drop shipping agents such as Printiful or Printify or any such similar third parties, lockdowns, epidemics, pandemics, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of users.
19.1. These Terms and Conditions constitute the entire agreement between you and Us as to the subject matter stated herein.
20.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
21.1. Your use of the Platform, Products, or Content shall not make you an employee or agent or partner or joint venturer of See Moore.
22.1. Except as otherwise provided, nothing in this Terms and Conditions will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
23.1. Any waiver or failure to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
24.1. This Terms and Conditions binds and benefits the parties and their respective permitted successors and assigns.
25.1. All provisions of these Terms and Conditions which by their nature should survive shall survive the termination.
26.1. We reserve the right to modify these Terms and Conditions as per Our discretion at any time. Please regularly check the Platform to view the latest updated version. If there are any material changes, We may promptly notify you by email. To the extent permitted by applicable laws, Your continued use of the Platform or Content or Products constitutes your acceptance of such change(s).
27. How to contact
Us:
Below are Our Contact details for various purposes:
For Requests, General Enquiries, Updates, Social Media, Memberships, Forums, Chat Rooms, Complaints & Concerns, Sponsors, Collaborations, Funding, Support, Donations.
For Artists & Organisations
For Sales, Products, Custom Requests.