Please read these Terms and Conditions, carefully before registering for purchase or subscription services offered on this website operated by CuriousFishbone Photography, ArtMorfic Designs and Marija Menaker as the Owner.
These Website Terms And Conditions (these “Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 16 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Marija Menaker and/or ArtMorfic Designs/ CuriousFishbone Photography or other ArtMorfic licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and ArtMorfic may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant ArtMorfic a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. CuriousFishbone Photography/ArtMorfic reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and CuriousFishbone Photography/ArtMorfic makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.
Limitation of liability
In no event shall CuriousFishbone Photography or ArtMorfic, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and ArtMorfic, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Purchases from third-party retailer
Your order is the purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order that we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Website, Printful website (Retailer1), Gelato (Retailer2) and Printify website (Retailer3). Before ordering from us, it is your responsibility to check and determine the full ability to receive the Products. The correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure the successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Not us nor the retailer will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact the retailer.
To the fullest extent permitted by law, you release us and all the Retailers’ Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any our or Retailers’ Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter which is disclaimed by us or Retailer (or for which we, Retailer1, Retailer2 or Retailer3 provide no guarantees) under this Agreement, or for which ArtMorfic, Retailer1, Retailer2 or Retailer3 is otherwise indemnified or released by you under this Agreement.
You hereby indemnify to the fullest extent CuriousFishbone Photography or ArtMorfic from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Marija Menaker and/o is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
Marija Menaker and/or CuriousFishbone Photography/ArtMorfic shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between CuriousFishbone Photography/ArtMorfic and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
For any inquiries related to this website’s services please contact Marija Menaker at [email protected]
Governing Law of the Retailer Company
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area or Switzerland the laws of the Republic of Latvia and Lithuania will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as a User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
CuriousFishbone Photography is a personal project of Marija Menaker – an independent freelance designer and photographer performing her individual creative and commercial activities (codes 749000, 742000 and 741000) under a self-employment certificate Nr. 905119. Contact information: [email protected] or +37061434872.