Dal Arts and Crafts Terms of Service

Dal Arts and Crafts (DalANC) (“Dal”, “DalANC”, “we”, “us”, “the company”) is a comprehensive platform that provides online courses for those who would like to learn a new form of art or craft, and it also offers services for viewing, selling, and purchasing original works of art and products accessible at www.dalanc.com (the “website”). This document contains the Terms of Service and other policies, which govern your access to and use of our services, and constitute a binding legal agreement between you and Dal.

Certain areas of our services may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific service area, the latter shall prevail.

By reading and agreeing to this document, you acknowledge that by accessing our website and selling or purchasing work or products, or by posting any content on or through our website, you are indicating that you understand and agree to be bound by these terms, whether or not you have registered with us. If you do not agree to these terms and our privacy and copyright policies, then you have no right to use or benefit of the services we offer.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

Dal reserves the right, at its sole discretion, to modify, discontinue or terminate the services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the website or provide you with notice of the modification. By continuing to access or use our website/services after we have posted the modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our services. We encourage you to check back regularly to review these Terms.

Modifications to the Website

We reserve the right to change the URL, modify, or discontinue, and restrict or block access to our website without notifying you. We may modify or remove any works of art, products, crafts, or any other content from the website at any time without notifying you, including the removal of any works of art or content that we believe to be unsuitable and unfit for our website, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct them and to change or update the information if inaccurate, at any time without prior notice. No specified update or refresh date applied to the website should be taken to indicate that all information on there had been modified or updated.

Account Registration

In order to list a work on the website or to make a purchase through it, you must upload your creations, projects, or items through the designated form available on www.dalanc.com. During the process, you will be required to provide certain information that you testify to be accurate, current, and complete. Dal reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

Privacy

See Dal’s Privacy Policy on our official website for information and notices concerning our data collection and use.

Seller Terms and Conditions

Listing Works on the Website

As a member, you may submit listings for original works that you have created and that you desire to sell through the website. You may not submit listings for creations that were made by another artist. In order for your listings to be accepted, you must provide us with all the information we request and you must comply with any other Dal requirements shared with you. Without limiting the generality of the foregoing, if you submit listings for sale, you may be required to verify your identity by separately providing us with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with our then-current listings content guidelines, which are available on our official website. Dal reserves the right to edit any listings to ensure that they comply with proposed guidelines.

You acknowledge that Dal reserves the right to promote and market your listed products, creations, and ideas through the use of sales and/or discounts. The sale or discount amount will apply to the listing price, should you willingly participate in the campaign. You always retain the right to remove a listing from the website by using the set functionality.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all creations, ideas, and products that you make available through our website. Accordingly, you represent and warrant that: (i) as to the content that you make available through the website, you are the creator of it and you are the sole and exclusive owner of all such entries; (ii) as to Digital Works that you make available through the website, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Dal the rights in such Digital Works as contemplated under these Terms; and (iii) anything you make available through the website nor our use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings, you are selling these items, products, or ideas through the website and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant Dal a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of your listings’ sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of your listings in any form, medium or technology now known or later developed for the purpose of promoting Dal, the website. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be the asking price specified by the creator/artist, which is payable only upon the sale of a listing via the Online Sales Channel.

If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service.

If you submit listings for Digital Works, you hereby grant Dal a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Dal and the website. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the asking price specified by the creator/artist, which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Dal may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling us to process and fulfill orders for Printed Works.

If an Original Work of Art and/or Printed Works are sold via a third-party website, the terms and conditions of the third-party website will apply to the purchase in question by the applicable purchaser via the third-party website. However, as between you and Dal, these Terms will apply to the sale of such original work of art and/or printed work.

Dal and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the website. For purchases made via third party websites and for Offline Sales, the applicable third party website or Dal’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Dal and the third party website or Dal’s Offline Sales partner, as applicable, to Dal and share related shipping information, including the contact details of the purchaser where necessary, with Dal.

Purchaser Terms and Conditions

Purchases

You may purchase creations or items that are listed by other Members on the website. When you purchase through the website, you are purchasing the work from the Member identified on the listing for such work and not from Dal. Prices for such items and creations will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the website) or any taxes that may be applicable by state law, such as VAT, for which you are responsible and which will be separately identified on your receipt. Dal and/or its third-party service providers will collect your billing and shipping information and process your payment.

Order Cancellations

Dal reserves the right to cancel any order placed via the website if we determine, in our reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the website. If Dal cancels an order placed via the website, it will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Member and have submitted a listing for a creation, item, or an idea, and have been contacted through the website by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed entry, you may not sell such item or idea to the Member independent of Dal and the website. Similarly, if you are a Member and desire to purchase a creation, idea, or item submitted by another Member, or a similar work or custom piece related to an entry, you may not do so independent of Dal and the website. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Dal including, without limitation, legal actions or other appropriate measure.

Color

You understand and agree that Dal uses commercially reasonable efforts to display the colors of creations and items accurately via the website. However, because individual computer monitors may display colors differently, Dal is not responsible for the color accuracy of any of the entries displayed on the website, and disclaims all liability in this regard.

Member Content

Dal does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any Member Content. By making available any Member Content on or through the website, (i) you grant Dal a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast, and transmit such Member Content on or through the website in any form, medium or technology now known or later developed, for the purpose of promoting Dal and the website, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the website only in connection with such Member’s authorized use of the website. You reserve all other rights and licenses in and to any Member Content that you make available on or through the website.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the website. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the website or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the website nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Dal Content

Dal may also make available through the website text, graphics, audio, video and images of works of art and other materials (collectively, “Dal Content”), some of which is owned by Dal (“Dal-owned Content”), and some of which is made available under license by a third party (“Dal Licensed Content”). Dal authorizes you to download, view and print Dal-owned Content solely for your personal use in visiting the website and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Dal Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the website where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Dal Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dal or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
• Use, display, mirror or frame the website, or any individual element within the website, Dal’s name, any Dal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our written consent;
• Access, tamper with, or use non-public areas of the website, Dal’s computer systems or network, or the technical delivery systems of Dal’s providers;
• Attempt to probe, scan or test the vulnerability of any Dal system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dal or any of our providers or any other third party (including another user) to protect our services, Dal Content, or Member Content;
• Attempt to access or search services, Dal Content or Member Content or download Dal Content or Member Content from the website through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dal or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Dal trademark, logo URL or product name without our express written consent;
• Use services, Dal Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the website, Dal Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide services, Dal Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the website from other users of the website without their expressed permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Dal will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Dal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Dal has no obligation to monitor your access to or use of the website or to remove any Member Content, but has the right to do so for the purpose of operating the website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Dal reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for creations, items, or ideas, Dal Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Dal, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the website.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

Dal may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the website. You should carefully review the rules of each Promotion in which you participate through the website, as they may contain additional important information about Dal’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Dal’s Intellectual Property

The website and Dal Content are protected by copyright, trademark and other laws of Jordan. Except as expressly provided in these Terms, Dal and its licensors exclusively own all right, title and interest in and to the website and Dal Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website or Dal Content.

Copyright Policy

Dal respects copyright law and expects its users to do the same. It is Dal’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Dal’s Copyright Policy on our official website for further information.

Links

The website may contain links to third-party websites or resources. You acknowledge and agree that Dal is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Dal of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Dal will have the right to suspend or disable your account or terminate these Terms, at its sole discretion and without prior notice to you. Dal reserves the right to revoke your access to and use of the website, Dal Content and Member Content at any time, with or without cause. In the event that Dal terminates these Terms for your breach, you will remain liable for any amounts due hereunder.

Payments

If you wish to purchase a product or service via our website, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the website. Verification of information may be required prior to acceptance of any order through the website.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE WEBSITE, DAL CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DAL MAKES NO WARRANTY THAT THE WESITE, SERVICES, DAL CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WESITE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES DAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE WEBSITE. DAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Dal, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website, Dal Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, Dal Content and Member Content remains with you. Neither Dal nor any other party involved in creating, producing, or delivering the services, Dal Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the services, Dal Content or Member Content, or from any communications, interactions or meetings with other Members or users of the website or other persons with whom you communicate or interact as a result of your use of the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dal has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Dal used herein are trademarks or registered trademarks of Dal or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the Jordanian laws, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a court located in Jordan, except otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at [info@dalanc.com] to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, the matter will be taken to court as per the above. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of our services or website, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Dal and you regarding the services we offer, and these Terms replace any and all prior oral or written understandings or agreements between the company and you.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Dal via email (in each case to the address that you provide) or (ii) by posting to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Dal to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Dal

If you have any questions about these Terms, please contact us on info@dalanc.com