Monde Mosaic


Monde Mosaic – Terms of Service


Introduction

Monde Mosaic provides a platform to artists and designers from all over the world to display and sell their work as a variety of products. We are passionate about utilising technology to remove the barriers associated with traditional retail models and enable talented individuals to more easily distribute and make money from their work like never before.

For Monde Mosaic to work, it is essential all users respect the intellectual property rights of others, including copyright and trademarks, whether you are uploading work, buying or just browsing.

Only work you have created yourself may be uploaded to the website, and you must have permission to use any content contained within it. Uploading and publishing your work on Monde Mosaic makes it publicly available for sale or view, and therefore carries legal responsibilities which you must be aware of. It is your responsibility to ensure you are not breaking any laws by publishing your work through Monde Mosaic.

Amongst other things, our range of services enable you to publish, sell and purchase art and design related products; and receive the benefits of Monde Mosaic’s product fulfilment service including transaction processing, third party product manufacture, packaging, shipping and customer service.

Please read the agreement below carefully, it governs your use of this website and the provision of the services we provide you. Using this website means you accept the agreement. If you disagree with its terms, do not use this website.

Acceptance of Terms

By accessing and using this website (hereinafter, the “website”), and the products and services available through this website (the “services”), you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms of Service”), including those available by hyperlink, which together with our privacy policy (the “Privacy Policy”) and any other documents or links referred to below, govern Monde Mosaic’s relationship with you in relation to this website and access to its services. If you disagree with these Terms of Service please do not use this website. Use of this website indicates continued acceptance of this agreement.

This website is operated by Monde Mosaic Limited (“Monde Mosaic”, “us”, “we”, “our”, the “company”) whose registered office is 26 The Brooks, Burgess Hill, RH15 8TR, United Kingdom. Our company registration number is 08048614 and VAT number 137 5621 11. The terms “you”, “your” refer to all visitors, users or viewers of this website.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms at any time without further notice. If we do this, we will post the changes to these terms on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. It is your responsibility to regularly check the website to determine if there have been changes to these terms and to review such changes.

Eligibility

Monde Mosaic will only knowingly provide its services to parties that can lawfully enter into and form contracts under the applicable laws of England and Wales. If you are under the age of 18 you may only use the Monde Mosaic services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

Registration

You can become a registered member of Monde Mosaic (“member”) by creating a user account for which you will need a valid email address and password. Although you don’t need to be a member to use the Monde Mosaic services, you do need to be a member to post content to the website. You must ensure that the details provided by you on registration or at any time are correct and complete and update any changes to these details in order that we can communicate with you effectively. Monde Mosaic may refuse any username it decides is inappropriate. You may never use another member’s Monde Mosaic account without permission from that user. You are solely responsible for the activity that occurs on your account, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You agree that you will not disclose your password to any other person and that you will keep it secure at all times. You must notify Monde Mosaic immediately of any breach of security or unauthorized use of your account. Monde Mosaic will not be liable for your losses caused by any unauthorized use of your account, however you may be liable for the losses of Monde Mosaic or others due to such unauthorized use. Monde Mosaic reserves the right to refuse registration or cancel a member’s account at its sole discretion.

Content Policy and Copyright

As part of Monde Mosaic’s services, members may post digital content onto the website such as information, images, graphics, pictures, photographs, data, text, video, messages, sound, music or other materials (“content”). You retain the copyright and any other rights you already hold in the content when you submit or upload it to the website. By submitting, posting or uploading the content, you grant Monde Mosaic a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, transmit and publicly display the content on the website and for the purposes of marketing the website and to manufacture, distribute and sell products incorporating the content throughout the world in accordance with these Terms of Service and to grant sub-licences to third parties to do the same or to use, reproduce, transmit and publicly display the content on third party web-based services.

When you submit, post or upload content on the website you represent and warrant that:

  • You own all copyright in the content, or if you are not the owner, that you have permission to use the content and that you have all the rights to display, reproduce and sell the content as Monde Mosaic products;
  • You license Monde Mosaic to use and sub-license the content in accordance with this agreement;
  • You and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, trade mark, moral rights, patent or right of privacy;
  • You or your content, and your use of the website will comply with all applicable law, rules and regulations;
  • Your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions;
  • You content does not include malicious code, including but not limited to viruses, trojan horses, worms, cancelbots, time bombs or any other computer programmes or software that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  • Monde Mosaic does not control the submission of content, or manually screen it before it is displayed on the website. However we do reserve the right to delete, move, and edit any content submitted, and if deemed necessary cancel your account, either because that content breaches this agreement or any applicable laws, or otherwise. You agree to indemnify Monde Mosaic of any direct or indirect damage caused due to your breach of one or more of these warranties, and hold the company harmless against any losses, liabilities, demands, claims, costs and expenses arising directly as a result of your breach of one or more of these warranties.

You, and not Monde Mosaic, are entirely responsible for the content that you submit or upload onto the website. Monde Mosaic does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Monde Mosaic services you will be exposed to content from a variety of Monde Mosaic users and that Monde Mosaic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Monde Mosaic with respect thereto, and agree to defend, indemnify and hold harmless Monde Mosaic, its parent company, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Monde Mosaic services.

Upon notice by you that for whatever reason we must discontinue use of any content submitted by you to the website, if we shall have any remaining stocks of products or have products in the course of manufacture or unfulfilled orders for the products incorporating your content, at the time the license to use such content is terminated by you, we may complete the manufacture of such products and dispose of such products and/or remaining stocks in compliance with these Terms of Service but not otherwise.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our website, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • to submit, upload, send, use or reuse any material that is (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
  • to cause annoyance, inconvenience or needless anxiety.

Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Monde Mosaic, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

While using the Monde Mosaic services, you agree not to:

  • post content or products in an inappropriate category or areas on our websites and services;
  • interfere with other users’ posts and content;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Monde Mosaic;
  • transfer your Monde Mosaic account and user identification to another party without our consent;
  • copy, modify, or distribute (i) content from any Monde Mosaic website or (ii) any Monde Mosaic copyrights or trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • impersonate any person or entity, including, but not limited to, a Monde Mosaic official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Monde Mosaic service;
  • While Monde Mosaic prohibits such conduct and content on its website, you understand and agree that Monde Mosaic cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the Monde Mosaic service at your own risk.

You acknowledge, consent and agree that Monde Mosaic may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Monde Mosaic, its users and the public.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Monde Mosaic websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.

Prices, Payment and Delivery

By placing an order you are offering to purchase a product from us. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. There will be no contract of any kind between you and us and we will not be bound to you unless and until we accept your offer. At any point up until then, we may decline to supply the goods to you without giving any reason. We reserve the right to cancel the contract between us if we have insufficient stock to meet the contract order; we do not deliver to your area; we do not have the intellectual property rights required to meet the contract order; or we are prevented from fulfilling the contract order for any reason beyond our control.

When fulfilling the contract, Monde Mosaic reserves the right to deviate from the descriptions and information on our website, in our brochures, catalogues and other written and electronic documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable for the customer.

Please note products in real life may vary slightly from those displayed on the website, in terms of shape, colour, size etc.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun.

Users can purchase products on the website using a valid credit or debit card, or the PayPal system.

All prices include VAT (at the applicable rate) and delivery to the UK, unless otherwise stated. Delivery to customers outside of the UK, or to remote locations in the UK, carry an additional charge, details of which will be clearly displayed at checkout. For destinations outside the EU, sales tax will be removed at checkout.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

It is the customer’s responsibility to ensure the product delivery address is correct. Monde Mosaic takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

If you order goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes, and for obtaining all necessary customs, import or other permits. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that certain items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver goods overseas due to local law. We will not be liable for any breach by you of any laws.

Returns Policy

We take great care in making sure each Monde Mosaic product arrives to you in perfect condition. However should you be unsatisfied with your purchase for whatever reason, you may return it to us within 7 days of receipt for a full refund or exchange, as long as the goods are in the same condition as when they left our offices.

All goods must be packaged securely and include either the order form or invoice which states the order number. The goods should be returned to us in their original condition. If we do not receive the goods in the same condition that we sent them to you in, then we will not be able to offer you a refund or exchange.

You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. It is advisable to get proof of postage when returning an item. When we receive the goods, we will refund the price paid by you for that item or, at your request, if the item is defective will repair the item or supply you with a replacement item.

Where you request an exchange, you must pay any fees in respect of any packaging, handling and delivery of the goods to you, unless the goods were returned because they were defective or we are at fault for any reason.

Your statutory rights are not affected.

Commission Payments

Designers who post or upload content on the website will be paid a commission for each sale of a product that incorporates that content. Commission payments will be made via PayPal monthly in arrears, in respect of sales made in the preceding month, for which the company has received payment. You are solely responsible for the accurate supply and maintenance of your PayPal account details. Monde Mosaic will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your commission for up to 12 months from the payment date. If you have not notified us of any amendment to the payment method details in that time, you will lose the rights to these commission payments.

The amounts you will be paid for each product sold are detailed here.

You will be able to track your commission payments in the “My Store” section of the website.

No payment of commission shall be due in respect of products sold unless and until the company has received payment in cleared funds for such products. Furthermore no commission payments will be due on products intended for promotional use, including but not limited to, competitions, freebies, rewards and giveaways.

You acknowledge and agree that from time to time we may licence content submitted by you to third parties to use, reproduce, transmit, sell and publicly display on third party web services and where we licence content submitted by you to the website for use by third parties, we will pay a commission to you of 10% of the net revenue received by us from such third parties.

The company reserves the right to change the commission payment terms at any point, including but not limited to, method of payment and commission amounts.

Accessing our website

Access to the website is permitted on a temporary basis, and it does not include any possible commercial use of this website and of its contents, as well as any reproduction, duplication, copy and/or exploitation for any commercial purposes without express written consent of Monde Mosaic. We reserve the right to withdraw or amend the services we provide through the website without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website.

Privacy Policy

Our privacy policy, which sets out how we will use and protect your information, can be found here. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Intellectual Property

All material included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and systems is the exclusive property of Monde Mosaic Limited, its members, affiliates or its content suppliers and is protected by international copyright laws as well as by any relevant national law concerning copyright, author’s rights and database right laws.

Except as expressly authorised by this agreement, you may not in any form or by any means use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without our express written consent.

Furthermore, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Monde Mosaic's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Monde Mosaic's express written consent.

Third Party Websites

This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with third party websites. Our links with third party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

You may link to the homepage on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission at any time.

Indemnity

You agree to indemnify, defend and hold harmless Monde Mosaic, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from (i) your use of this website (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your breach of the Terms of Service.

Variation

Monde Mosaic shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Monde Mosaic and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Monde Mosaic's liability for any liability which cannot be excluded or limited under applicable law. We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

Severability

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
It is therefore understood that our lack of action in case of your breach of the present conditions, may not be construed in any case as a waiver of our right of action.

Force Majeure

If Monde Mosaic is prevented or delayed (directly or indirectly) from making delivery of the products or any portion of the products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay in delivery to Monde Mosaic of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such Monde Mosaic's control (force majeure), neither party hereto shall be under any liability whatsoever to the other party by reason of such event.

Governing Law and Jurisdiction

These Terms of Service are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

Gift Vouchers – Special Terms & Conditions

By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them. The terms of service of the website shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms of service of the site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the website terms of service shall also apply to these gift voucher terms and conditions.

Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared. Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared.

It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as, a mis-typed email address).

Our standard payment methods apply for the purchase of gift vouchers. When redeeming gift vouchers the unique gift voucher code stated on the gift voucher will need to be entered at the checkout.

If the goods purchased total less than the value of the gift voucher, any gift voucher balance will be held against your account on Monde Mosaic. If the goods purchased exceed the amount of the gift voucher, the balance must be paid by credit or debit card when the gift voucher is redeemed.

Our standard terms of service shall apply regarding the purchase of goods made using a gift voucher.

Monde Mosaic gift vouchers can be redeemed only on Monde Mosaic towards the purchase of items currently featured on our site including p&p (subject to availability).

We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.

Gift vouchers are non-returnable, non-refundable and not for resale. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.

Gift vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.

Promotional Codes – Special Terms & Conditions

By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them. The terms of service on the website shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms of service of the site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the website terms of service shall also apply to these promotional code terms and conditions.

Monde Mosaic promotional codes can only be used on Monde Mosaic and towards the purchase of items currently featured on our website excluding delivery charges.

Promotional codes cannot be used in conjunction with any other offer on Monde Mosaic in the same transaction, or for the purchase of gift vouchers.

The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.

Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.

Monde Mosaic reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Monde Mosaic may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

 

These terms were last revised on 21st August 2012.

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