Last Updated December 1, 2017
1. Right To Change These Terms.
These Terms are current as of the date listed at the top of this page. We may modify or alter sections of these Terms or add and delete new provisions in our sole discretion without notice to you. The Terms in effect at the time you visit the Site govern your use of the Site. Any changes in the Terms will only be applied prospectively. When we do make any changes to these Terms we will update the date appearing at the top of this webpage. You acknowledge that it is your responsibility to check this webpage periodically to ensure you understand the conditions governing your use of the Site.
2. Your Access To The Site
This Site is not intended for use by anyone under the age of 16. If you are under the age of 16, please leave this Site immediately.
Any use of this Site except as permitted in these Terms is expressly prohibited.
3. Use This Site At Your Own Risk
You use this Site at your own risk. The Site may contain errors and may not be complete or current. Duggal therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. The automated nature of the Site which expedites the handling of your order also means that as soon as you submit your order it is being processed and within a few minutes is already moving through our production department. Therefore, once you place an order there is no opportunity to rescind or cancel it. Make sure all the details on your order are correct before you complete the payment process.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY DUGGAL ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DUGGAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE SITE OR EMAILS SENT FROM DUGGAL ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, DUGGAL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
THE PROVISIONS SET OUT ABOVE DO NOT APPLY TO NEW JERSEY RESIDENTS OR INDIVIDUALS ACCESSING THE SITE FROM WITHIN THE STATE OF NEW JERSEY.
To the fullest extent allowed by applicable laws, neither Duggal nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Site, email sent in connection with this Site or any other website linked to this Site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Duggal is notified in advance of the potential for any such damages. Some jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.
4. Links To Third Party Websites
6. Intellectual Property Rights
All images, graphics, code, software and other content used on or incorporated into this Site are subject to intellectual property rights held by or licensed to Duggal or its affiliates. This Site and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Duggal. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this Site or owned by Duggal without first obtaining Duggal express prior written consent, which may be granted or denied in Duggal’s sole discretion.
DUGGAL®, SHOPDUGGAL ™, DUGGAL VISUAL SOLUTIONS ™ are trademarks of Duggal Visual Solutions and may not be used without our prior written consent. The other trademarks appearing on the Site are the marks of their respective owners.
Duggal grants you the limited right to print or otherwise copy five (5) copies copy of webpages containing information about products you are considering for purchase provided that such copies are made solely in connection with a contemplated or completed purchase and are not further distributed outside your company or family for any purpose. These copies are exclusively for your own personal non-commercial use and such copies may not be used for any purpose that benefits a competitor of Duggal.
7. Becoming A Registered User
You may access the Site and order products either as a registered user or as a guest. Registered users can view their order history and also have their payment information available when they decide to make another purchase on the Site.
If you decide to create an account on the Site and become a registered user you will need to select a user name and password. You should select a password carefully to protect the security of your account. You agree not to share your user name or password with any third party for any reason and shall notify us immediately if you believe your registration information has been compromised by sending a registered letter by overnight delivery to:
Attention Website Security
63 Flushing Avenue, Bldg. 25
Brooklyn, NY 11205
You agree that you are solely responsible for any orders placed using your registered name and password.
You may also complete and pay for your order as a “Guest”. Guests will receive an automated email confirming the details of their purchase order.
8. Submissions Via This Site
A. User Content. Duggal respects third party intellectual property rights including trade secrets, and the rights of publicity and privacy. We expressly disclaim any obligation to confirm that you have the necessary rights to transmit the User Content to us or to commission the desired deliverable.
You understand that we are agreeing to provide you the requested services including the requested deliverable conditioned on your acceptance of each part of these Terms including this Section 8 without exception.
B. BY UPLOADING THE USER CONTENT YOU ARE REPRESENTING AND WARRANTING TO
a. (i) THE USER CONTENT WAS CREATED BY YOU AND YOU OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT, or
(ii) YOU DID NOT CREATE THE USER CONTENT BUT HAVE ACQUIRED AND NOW OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT, or
(iii) YOU HAVE ALL NECESSARY CONSENTS IN WRITING FROM THE OWNER(S) OF THE INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT AND THAT NEITHER DUGGAL, ANY COMPANIES AFFILIATED WITH DUGGAL, ANY VENDORS RETAINED BY DUGGAL TO ASSIST WITH OPERATING THE SITE OR FULFILLING YOUR ORDER (“DUGGAL VENDORS”), AND ALL OFFICERS, DIRECTORS, EMPLOYS AND AGENTS OF THOSE ENTITIES WILL NOT OWE ANY THIRD PARTY ANY COMMISSION, ROYALTY, OR ANY FEE OR PAYMENT OF ANY KIND BY VIRTUE OF CREATING AND TRANSMITTING OR PROVIDING THE DELIVERABLE TO YOU.
b. YOU ARE NOT RELYING ON THE LEGAL DOCTRINES OF COPYRIGHT FAIR USE OR TRADEMARK FAIR USE (INCLUDING BOTH STATUTORY AND NOMINATIVE FAIR USE) IN MAKING THE REPRESENTATIONS AND WARRANTIES IN SECTIONS 8(a)(i), 8(a)(ii), AND 8(a)(iii) ABOVE.
c. THE USER CONTENT DOES NOT INCLUDE ANY INFORMATION WHICH IS OR MAY BE CONSIDERED TO BE A TRADE SECRET.
d. IF YOU INTEND TO USE THE DELIVERABLE FOR ANY COMMERCIAL PURPOSE INCLUDING ITS PUBLIC DISPLAY AND THE USER CONTENT INCLUDES THE NAME OF IMAGE OF ANY LIVING PERSON OR A PERSON WHO HAS DIED WITHIN THE LAST 90 YEARS, YOU SPECIFICALLY REPRESENT AND WARRANT THAT YOU HAVE THE WRITTEN CONSENT OF THAT PERSON OR HIS OR HER ESTATE TO USE HIS OR HER NAME IN THE DELIVERABLE.
e. IF YOU INTEND TO USE THE DELIVERABLE FOR ANY COMMERCIAL PURPOSE INCLUDING ITS PUBLIC DISPLAY AND THE USER CONTENT INCLUDES THE NAME OF IMAGE OF ANY LIVING PERSON UNDER THE AGE OF 18 OR A PERSON WHO HAS DIED PRIOR TO HIS OR HER 18TH BIRTHDAY WITHIN THE LAST 90 YEARS, YOU SPECIFICALLY REPRESENT AND WARRANT THAT YOU HAVE THE WRITTEN CONSENT OF THAT PERSON’S PARENT OR GUARDIAN.
f. DUGGAL, ITS AFFILIATES AND THE DUGGAL VENDORS AND THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF THOSE ENTITIES WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY OR ANY OTHER LAW OF ANY JURISDICTION.
g. The User Content you upload shall not contain any viruses, malware, or any other technology that may disrupt the operation of the Site or compromise any of the content on the Site.
h. You are not uploading the User Content for any purpose other than to receive a purchase order from us.
C. For the avoidance of doubt, you understand and agree that each of the representations and warranties made by you in Section (B) apply to any third parties we may engage to help us create your deliverable even if you are not informed that we will be using a third party to assist us.
D. DUGGAL agrees to accept your purchase order conditioned on your acknowledgement and agreement that you will defend, indemnify and hold harmless Duggal, its affiliates and the Duggal Vendors, and the officers, directors, employees and agents of each of the above (the “Indemnified Parties) from any claim or threatened claim made by any third party relating to or arising out of your breach of any of the representations and warranties above or any other obligation arising out of this Section 8. This obligation to indemnify and hold harmless the Indemnified Parties includes (i) any award of damages even if that claim is based on a claim of negligence or other wrong doing or alleged wrong doing by the Indemnified Parties, (ii) any award of attorneys’ fees, (iii) punitive or enhanced damages, (iv) any out of pocket expense reasonably incurred by the Indemnified Party including retention of separate counsel in connection with any such claim or threatened claim, and from any settlement of any claim or threatened claim provided that the Indemnified Parties notify you within a reasonable time after receipt of any claim or threatened claim covered under this subsection. The Indemnified Parties agree that provided you confirm in writing your assumption of your obligations under this subsection that you shall control the defense and settlement of such claim or threatened claim provided that the Indemnified Parties shall have the right to approve any settlement, such approval not to be unreasonably withheld.
E. DUGGAL’S Use of User Content.
When you upload User Content via the Site you are granting Duggal, its affiliates, and the Duggal Vendors:
a. a limited royalty free license to use the User Content as necessary in order to fulfill your order, and
b. a perpetual royalty free license to use a reproduction of the final product on the Site or on Dugggal.com or any of our affiliated websites as an example of the work produced created by floorgraphicsandmore.com and in private presentations made to potential or existing clients of Duggal or any of Duggal affiliated companies.
c. Duggal and its affiliated companies shall not make any other use of your User Content without your prior consent unless such use is a fair use.
F. Proprietary Information.
You should not use any “contact us” option or upload feature on the Site to transmit any proprietary or confidential information to us. Specifically, Duggal does not want to receive any ideas or concepts you may have for a joint venture or any other purpose. For that reason you agree that any and all information you transmit to Duggal via the Site that is not directly related to a product you wish to purchase via the Site shall be deemed non-confidential. You expressly and irrevocably agree that by submitting such information to Duggal you are granting us an irrevocable, perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising both online and in print. You may not avoid the provisions of this subsection F by misrepresenting that the content you provided us was in connection with a potential purchase when the totality of the facts and circumstances indicate otherwise.
9. The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse
for copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe in good
faith that materials available on the Site infringe your copyright, you (or
your agent) may send Duggal a notice at the address listed below requesting
that we remove the material or block access to it, but you must include the
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v) A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o Duggal Visual Solutions, Inc., 10 West 24th Street, New York, New York 10010 or firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice.
In addition to the indemnification provisions set forth in Section 8 D, You
agree to defend, indemnify, and hold harmless the Indemnified Parties (as
that term is defined in Section 8 D) from any and all claims or threatened
claims that arise out of relate to your use of the Site including but not
limited to (a) viruses or malware you place (intentionally or
unintentionally) on the Site or (b) any use of the Site in excess of the
license granted you by these Terms.
This obligation to indemnify and hold harmless the Indemnified Parties includes (i) any award of damages even if that claim is based on a claim of negligence or other wrong doing or alleged wrong doing by the Indemnified Parties, (ii) any award of attorneys’ fees, (iii) punitive or enhanced damages, (iv) any out of pocket expense reasonably incurred by the Indemnified Party including retention of their own counsel in connection with any such claim or threatened claim, and from any settlement of any claim or threatened claim provided that the Indemnified Parties notify you within a reasonable time after receipt of any claim or threatened claim covered under this subsection. The Indemnified Parties agree that, provided you confirm in writing your assumption of your obligations under this subsection, you shall control the defense and settlement of such claim or threatened claim provided that the Indemnified Parties shall have the right to approve any settlement, such approval not to be unreasonably withheld.
11. Sales Made Via The Site Are Final
The Site is designed so that as soon as you complete payment it is
instantaneously being processed and placed into production. For that reason
it is not possible to change any order once submitted. If you cancel an
order after it is submitted you will forfeit your entire payment.
We reserve the right to cancel any order if there was a mistake with pricing or inventory or for any other reason provided that in these circumstances you will be offered a refund.
12. Shipping, Returns and Refunds
Please see the Shipping, Returns and Refund Statement which is incorporated herein by reference.
13. Limitation of Liability and Damages
IN NO EVENT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND OR GROSS NEGLIGENCE) WILL DUGGAL, ITS AFFILIATES OR THE DUGGAL VENDORS BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR IN CONNECTION WITH ANY OF THE PRODUCTS PURCHASED VIA THE SITE EVEN IF DUGGAL (OR DUGGAL AFFILIATED COMPANIES OR THE DUGGAL VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. THE MAXIMUM AMOUNT OF DAMAGE YOU MAY RECOVER RELATED TO OR ARISING OUT OF TRANSACTION MADE ON THE SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID DUGGAL AS SET FORTH IN THE PURCHASE ORDER.
14. Choice of Law/Severability
A. If any provision contained in these Terms is held by a court to be
invalid or unenforceable, that provision will be enforced to the maximum
extent permissible so as to reflect, as nearly as possible, the original
intentions of the parties, and the remaining provisions of these Terms will
not be affected thereby.
B. These Terms will be governed by, and construed under, the laws of the State of New York, without regard to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim, suit or action arising out of or relating to these Terms or your use of the Program will be filed only in the state or federal courts located in the State of New York in New York County and you agree to submit to the personal jurisdiction of such courts.
If you have any questions you may contact us at email@example.com.