Terms of Service

1. Introduction

Welcome to Nayubi Canvas Art. These Terms of Service govern your use of our website and related services provided by Nayubi Canvas Art (nayubicanvasart.com).

2. Acceptance of Terms

By accessing or using the Nayubi Canvas Art  website, you agree to comply with and be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access the website.

3. Use of the Website

    • You must be at least 16 years old to use our website.
    • You agree to provide accurate, complete, and up-to-date information when registering on our website. You are responsible for maintaining the confidentiality of your account and password.
    • You shall not use our website for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations, including copyright laws.

4. Intellectual Property

The content on our website, including text, graphics, images, logos, videos, software, and other materials, is owned or licensed by Nayubi Canvas Art and is protected by copyright, trademark, and other intellectual property laws.

  • You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without the prior written consent of Nayubi Canvas Art, except:
    • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You must not:
    • Modify copies of any materials from this site.
    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

5. User Contributions

Our website may contain user-generated content. You understand and acknowledge that you are responsible for any content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

By submitting or posting content on or through our website, you grant Nayubi Canvas Art a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.

6. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

    • For any unlawful purpose.
    • To solicit others to perform or participate in any unlawful acts.
    • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
    • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    • To submit false or misleading information.

7. Modifications

We reserve the right to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

8. Disclaimer of Warranties

Our website is provided on an “as-is” and “as-available” basis. Nayubi Canvas Art makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the website or the information, content, materials, or products included on the website.

To the fullest extent permitted by applicable law, Nayubi Canvas Art disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

Nayubi Canvas Art shall not be liable for any damages of any kind arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nayubi Canvas Art and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

11. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our website shall be instituted exclusively in the Court of Chancery of the State of Delaware or, if such court does not have subject matter jurisdiction, the Superior Court of the State of Delaware or the United States District Court for the District of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution

Any dispute or claim arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Consumer Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and will be conducted in English.

By agreeing to arbitration, you and Nayubi Canvas Art waive the right to a trial by jury or to participate in a class action.

Judgment on the arbitrator’s award may be entered in any court with jurisdiction. Both parties agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class or representative action.

13. Waiver of Class Action

You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not in a class, consolidated, or representative action.

14. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.

15. Entire Agreement

These Terms of Service constitute the entire agreement between you and Nayubi Canvas Art regarding your use of the website, superseding any prior agreements between you and Nayubi Canvas Art relating to your use of the website.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at support@nayubi.com.

These Terms of Service were last updated on 09/04/23.