Terms and Agreements
Please read these terms carefully before using Graded Art. By accessing or using this platform, you agree to be bound by these terms.
Last updated: February 2026
1. Acceptance of Terms
By accessing, browsing, or using Graded Art (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Agreements ("Terms"). If you do not agree to these Terms, you must immediately cease using the Platform.
We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Platform after any modification constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and the operators of Graded Art ("we," "us," or "our").
2. Definitions
For purposes of these Terms:
- "Platform" refers exclusively to the Graded Art website and does not include any third-party websites linked from the Platform.
- "Content" refers to all information, text, images, data, and materials displayed on the Platform, not to any physical products or actual services.
- "Listings" refers to informational displays about products, services, or intellectual properties, and do not constitute offers to sell.
- "Designers," "Brands," or "Listed Parties" refers to third-party individuals, companies, or entities whose work is displayed on the Platform, who are independent of and not affiliated with us.
- "Users" refers to any individual or entity accessing or using the Platform in any manner.
- "Transactions" refers to any purchase, engagement, licensing, or other dealing between Users and Listed Parties, to which we are never a party.
- "A' Design Award" refers to A' Design Award and Competition S.r.l. and its affiliates.
3. Nature of the Platform
Graded Art IS AN INFORMATIONAL GALLERY ONLY.
We compile and display publicly available information about award-winning designs, products, services, and intellectual properties. We are not:
- A retailer or seller of any products
- A provider of any services
- A broker, agent, or intermediary
- A marketplace operator or facilitator
- A party to any transaction whatsoever
- An escrow service or payment processor
- A fulfillment or logistics service
- A quality control or verification entity
- A certification body or standards organization
- An endorser of any product, service, designer, or brand
We do not sell anything. When listings display prices, these are purely informational, provided by third parties, and may be inaccurate, outdated, or subject to change without notice. The display of a price does not constitute an offer to sell at that price or any price.
We do not facilitate transactions. External links direct users to third-party websites operated by designers, brands, or other entities. Any transaction occurs entirely outside our Platform, between the User and the third party. We have no involvement, knowledge, or control over such transactions.
Listings are informational displays, not offers. The presence of a listing does not mean the product or service is available, that the designer will respond, that the price is current, or that the described item exists as shown.
4. Comprehensive Warranty Disclaimer
THE PLATFORM, ALL CONTENT, ALL LISTINGS, AND ALL INFORMATION ARE PROVIDED STRICTLY "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
EXPRESS DISCLAIMER OF ALL WARRANTIES:
To the maximum extent permitted by applicable law, we expressly disclaim any and all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Any warranty of merchantability
- Any warranty of fitness for a particular purpose
- Any warranty of non-infringement
- Any warranty of accuracy, completeness, or reliability
- Any warranty of timeliness or currency of information
- Any warranty of availability or uninterrupted access
- Any warranty of error-free or secure operation
- Any warranty that listings reflect actual available offerings
- Any warranty that Listed Parties will respond or perform
- Any warranty that products or services will match descriptions
- Any warranty that prices are accurate or will be honored
- Any warranty that award information is current or accurate
- Any warranty that any designer actually holds any award
- Any warranty that any product or service is of any particular quality
- Any implied warranties arising from course of dealing or usage of trade
- Any warranties created by any statement, representation, or conduct
If any warranty cannot be disclaimed under applicable law, such warranty is limited to the minimum period and scope permitted by law.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM, ITS OWNERS, OPERATORS, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR ANY RELATED PARTIES (INCLUDING BUT NOT LIMITED TO A' DESIGN AWARD AND COMPETITION S.R.L., ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER.
This includes but is not limited to:
- Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages
- Any loss of profits, revenue, business, goodwill, data, or use
- Any personal injury or property damage
- Any other losses or damages of any kind
Arising from or related to:
- Use or inability to use the Platform
- Any content or information on the Platform
- Any listing or description
- Any transaction with any designer, brand, or third party
- Any product purchased or service obtained from any third party
- Any intellectual property licensed from any third party
- Any communication with any designer or brand
- Any failure of any Listed Party to perform
- Any defect in any product or service
- Any injury caused by any product
- Any misrepresentation by any Listed Party
- Any reliance on any information displayed
- Any error, omission, or inaccuracy
- Any unauthorized access or alteration
- Any conduct of any third party
- Any other matter relating to the Platform
This limitation applies regardless of the legal theory asserted (contract, tort, negligence, strict liability, or otherwise), whether we were advised of the possibility of such damages, and whether such damages were foreseeable.
Maximum Liability Cap: If, notwithstanding the foregoing, we are found liable for any reason whatsoever, our total aggregate liability shall not exceed the greater of (a) ten euros (€10.00) or (b) the amount you paid us in the twelve months preceding the claim (which, since we charge users nothing, is zero).
6. Listing and Content Disclaimers
Information Provided by Third Parties: All listing information, including but not limited to product descriptions, service descriptions, images, prices, specifications, availability, designer credentials, brand information, and claims of any kind, is provided by third-party designers, brands, studios, or partners. We do not create, verify, validate, test, confirm, endorse, or approve this information.
No Verification: We do not verify the accuracy of any listing content, the existence of any product or service, the availability of any offering, the accuracy of any price, the identity or credentials of any designer or brand, the quality or safety of any product or service, the legality of any offering, the intellectual property rights of any party, or any claims made by any Listed Party.
Images and Descriptions: Images may be representative, conceptual, illustrative, AI-generated, or rendered. Products and services may differ materially from images and descriptions. Colors, dimensions, features, and specifications may vary. Prototypes, renderings, competition submissions, or samples may be shown rather than actual commercial products.
Prices and Availability: All prices are informational only, provided by third parties, subject to change without notice, and may be inaccurate or entirely fictional. The display of a price does not constitute any offer. Availability is not guaranteed. Items may be discontinued, sold out, conceptual, or never actually available for purchase.
Temporal Limitations: Information may be outdated. We have no obligation to update any listing. Information that was accurate when posted may no longer be accurate. Users must verify all information directly with Listed Parties before any reliance.
7. Award Information Disclaimer
Award Status Based on Third-Party Records: Information regarding award status is derived from records of design competitions including but not limited to the A' Design Award and Competition. This information is provided for informational purposes only.
No Guarantee of Award Status: We do not guarantee that any designer, brand, product, or service currently holds or ever held any award. Award records may contain errors. Award status may have been revoked, expired, or incorrectly recorded. We do not independently verify award claims.
Award Status Does Not Equal Endorsement or Quality Guarantee: The display of award information does not constitute any endorsement of the designer, brand, product, or service; any guarantee of quality; any certification of safety; any verification of claims; or any recommendation to purchase or engage. Receiving an award in a competition does not mean the recipient will perform adequately, deliver quality work, honor commitments, or be suitable for your needs.
A' Design Award is a Separate Entity: A' Design Award and Competition is a separate and independent organization. The display of award information on this Platform does not create any relationship between Users and A' Design Award, does not make A' Design Award responsible for any listing or any Listed Party's conduct, does not constitute any endorsement by A' Design Award of any listing, and does not entitle Users to any claim against A' Design Award.
A' Design Award is not responsible for any product, service, designer, brand, listing, or transaction referenced on this Platform.
8. External Redirect Buttons and Call-to-Action Links
Buttons Redirect to External Websites: This Platform displays various call-to-action buttons and links including but not limited to "Buy Now," "Purchase," "Order," "Get Quote," "Contact," "Learn More," "Visit Website," "Inquire," "License," "Hire," and similar prompts. These buttons and links redirect Users to external third-party websites. They do not initiate any transaction on this Platform.
No Transaction Occurs on This Platform: When you click any call-to-action button or link, you are leaving this Platform, you are being redirected to an external website operated by a third party, any subsequent transaction occurs entirely on that external website, we have no involvement in or responsibility for what happens after you leave, we do not process any payment, we do not receive any order, we do not facilitate any purchase, and we are not a party to any agreement you may enter.
Button Labels Are Descriptive, Not Promissory: The text displayed on buttons (such as "Buy Now") describes the general intended action but does not guarantee that you will be able to buy anything, that the product or service is available, that the destination website is functional, that the third party will accept your order, that any transaction will be completed, that the price shown will be honored, or that the third party will respond at all.
Destination Websites Are Beyond Our Control: External websites to which you are redirected may have different terms, conditions, and privacy policies; may be unavailable, broken, or non-functional; may have changed since the listing was created; may no longer offer the product or service; may present security or safety risks; and are entirely the User's responsibility to evaluate. Links do not constitute endorsement, recommendation, or approval of linked websites or their operators.
9. Third-Party Transactions
We Are Not a Party: Any transaction between a User and any designer, brand, studio, or other third party is solely between those parties. We are not a party to any such transaction.
No Responsibility for Third Parties: We are not responsible for any Listed Party's conduct or failure to perform, the quality of any product or service, the delivery or non-delivery of any product or service, any payment dispute, any refund or return, any warranty claim, any product defect or malfunction, any injury or damage caused by any product, any misrepresentation or fraud by any third party, or any dispute between Users and third parties.
No Mediation or Dispute Resolution: We have no obligation to mediate, arbitrate, or otherwise involve ourselves in any dispute between Users and Listed Parties. Any such dispute must be resolved directly between the parties involved.
Due Diligence is User's Responsibility: Users are solely responsible for verifying all information before any transaction, evaluating designers and brands, assessing product and service quality, negotiating terms and conditions, ensuring secure payment methods, understanding applicable laws, and conducting appropriate due diligence.
10. Partner-Created and Auto-Generated Listings
Listings May Be Created by Partners: Some listings on this Platform may be created by partners, including but not limited to A' Design Award, rather than by the designers, brands, or studios themselves. Such listings may be created to promote award-winning designs, based on publicly available award competition records, without the direct involvement of the Listed Party, as a promotional service to award winners who may or may not be aware of the listing, and through automated or semi-automated processes.
Listed Parties May Not Have Created Their Listing: Designers, brands, and studios appearing on this Platform may not have requested their listing, may not have provided the information displayed, may not have approved the listing content, may not be aware that their listing exists, may not have verified any information shown, and may not endorse how they are presented.
Auto-Generated Content: Some listings may be automatically generated from award competition databases, public records, partner data feeds, historical archives, or aggregated information sources. Such auto-generated listings may contain placeholder content, estimated or suggested pricing, generic descriptions, incomplete or outdated information, and errors or inaccuracies inherent to automated processes.
No Verification of Auto-Generated Listings: Auto-generated and partner-created listings are not individually verified for accuracy, currency, or completeness. They are provided for informational purposes and may require significant correction or updating.
11. No Obligation of Listed Parties
CRITICAL NOTICE: LISTED PARTIES ARE NOT OBLIGATED TO SELL, SERVE, OR RESPOND. The presence of a listing on this Platform does not create any obligation whatsoever on the part of the Listed Party.
No Obligation to Sell Products: Listed Parties are under no obligation to sell any product shown, have any product in stock, manufacture any product, accept any order, honor any price displayed, or offer any product for sale at all.
No Obligation to Provide Services: Listed Parties are under no obligation to provide any service described, accept any client or project, respond to any inquiry, submit any proposal or quote, be available for hire, or offer any service to the public.
No Obligation to License Intellectual Property: Listed Parties are under no obligation to license any intellectual property, negotiate licensing terms, respond to licensing inquiries, or make any IP available for any purpose.
No Obligation to Respond or Communicate: Listed Parties are under no obligation to respond to any contact attempt, acknowledge any inquiry, provide any information, engage in any communication, or explain their non-response.
Reasons Parties May Not Engage: Listed Parties may not respond or may decline to transact because they did not create or authorize the listing, they are unaware of the listing, they no longer offer the product or service, they have ceased business operations, they are not accepting work, they do not serve your market or region, the listing was created in error, the product was a prototype never commercialized, the service is not offered to the general public, contact information is outdated, or the company or individual no longer exists.
User Accepts Risk of Non-Response: Users acknowledge and accept that contacting a Listed Party may result in no response whatsoever, and that this is a normal and expected possibility for which the Platform bears no responsibility.
12. Mistaken, Erroneous, and Speculative Listings
Listings May Be Created Mistakenly: Some listings on this Platform may have been created in error. Mistakes may include listing a product that does not exist for sale, listing a service that is not offered, incorrect categorization of offerings, wrong listing type, incorrect pricing information, attribution to the wrong designer or brand, duplicate listings, listings for entities that have ceased operations, or listings based on misunderstood information.
Speculative Listings: Some listings may be speculative in nature, meaning they represent products that could potentially be manufactured but are not currently in production, services that a designer could theoretically offer but does not actively provide, intellectual property that might be available but has not been confirmed, or award-winning concepts or prototypes that were never commercialized.
Conceptual and Prototype Products: Many award-winning designs recognized by design competitions are conceptual designs, prototypes, one-off creations, student projects, or designs created specifically for competition submission. Such designs may never have been intended for commercial sale and may not be available for purchase at any price.
No Liability for Mistaken Listings: We accept no liability for any mistaken, erroneous, or speculative listing, including any wasted time or effort contacting Listed Parties, disappointment or frustration, travel or communication costs, missed opportunities, or reliance damages of any kind.
Right to Correct or Remove: We may correct or remove any listing at any time without notice and without liability.
13. Enhanced A' Design Award Protection
A' Design Award as Listing Partner: A' Design Award and Competition S.r.l. ("A' Design Award") may create listings on this Platform for designers, brands, and studios that have won awards in its competitions. These listings are created as a promotional benefit for award winners, based on information from award submissions, to increase visibility of award-winning designs, and in good faith based on available information.
A' Design Award Acts in Good Faith: When A' Design Award creates listings, it does so based on information provided during competition entry. Such information may have been accurate at time of submission but subsequently changed. A' Design Award does not verify current accuracy, does not confirm commercial availability, and does not contact Listed Parties for approval of each listing. A' Design Award creates listings as a service, not as a guarantee.
A' Design Award Makes No Warranties: A' Design Award makes no warranty or representation that Listed Parties want to sell products or provide services, that Listed Parties are currently in business, that Listed Parties will respond to inquiries, that products shown are available for purchase, that services described are available for hire, that prices shown are accurate or will be honored, that contact information is current, or that any information in the listing is accurate.
A' Design Award Disclaims All Liability: A' Design Award expressly disclaims any and all liability for any listing it creates on this Platform, any error or omission in any listing, any mistaken listing, any outdated information, any failure of Listed Parties to respond or perform, any transaction between Users and Listed Parties, any damages arising from reliance on listing information, or any claim that a listing should or should not exist.
No Claim Against A' Design Award: Users agree they shall not make any claim against A' Design Award arising from or related to any listing on this Platform, any information in any listing, any conduct of any Listed Party, any failure of any Listed Party to perform, any transaction with any Listed Party, any reliance on any listing, or the existence or non-existence of any listing.
A' Design Award's Promotional Purpose: Users acknowledge that listings created by A' Design Award are promotional in nature, intended to give visibility to award-winning design, and are not verified commercial offerings, guaranteed available products or services, confirmed business solicitations, or warranted accurate or current.
Award Competition Does Not Equal Commercial Availability: Winning a design award in a competition administered by A' Design Award does not mean the design is commercially available, does not mean the designer offers services to the public, does not mean the designer wishes to be contacted, does not obligate the designer to engage with inquiries, does not create any commercial relationship, and is recognition of design merit only.
14. External Links and Third-Party Websites
Links to External Sites: This Platform contains links to external websites operated by third parties. When you click a link and leave our Platform, you are subject to the terms, conditions, and privacy policies of those external websites.
No Control or Responsibility: We have no control over external websites and are not responsible for their content, accuracy, or legality; their terms of service or privacy practices; their security or safety; any transaction conducted on those sites; or any loss arising from use of those sites.
No Endorsement: Links do not constitute endorsement, recommendation, or approval of linked websites or their operators.
15. Intellectual Property Disclaimers
No Verification of IP Rights: We do not verify that any designer, brand, or Listed Party owns, has rights to, or is authorized to offer any intellectual property. We make no representation regarding intellectual property ownership, validity, or enforceability.
IP Disputes Between Third Parties: Any intellectual property dispute regarding listed items is between the relevant parties. We are not responsible for any infringement claim and have no obligation to adjudicate IP disputes.
User Assumes IP Risk: Users who license or acquire intellectual property through contact with Listed Parties assume all risk regarding the validity, ownership, and enforceability of such intellectual property.
16. Product and Service Safety Disclaimers
No Safety Verification: We do not test, inspect, verify, certify, or approve the safety of any product or service. We make no representation that any product is safe for any purpose.
User Assumes All Risk: Users assume all risk related to any product or service obtained through contact with Listed Parties, including risk of personal injury, death, property damage, health effects, or any other harm.
Compliance is User's Responsibility: Users are responsible for ensuring any product complies with applicable safety standards, regulations, and laws in their jurisdiction.
17. Service and Creative Work Disclaimers
Creative Services Are Subjective: The quality, suitability, and value of creative services are inherently subjective. We make no representation that any designer will meet your expectations, requirements, or standards.
No Performance Guarantee: We do not guarantee that any designer or service provider will respond to inquiries, accept projects, meet deadlines, deliver satisfactory work, honor agreements, be available, or provide the services described.
Professional Qualifications Not Verified: We do not verify professional qualifications, licenses, certifications, education, experience, or credentials of any designer or service provider.
18. Pricing Disclaimer
Prices Are Purely Informational: Any price displayed on this Platform is informational only, not an offer to sell at that price, not binding on any party, potentially inaccurate, outdated, or entirely fictional, subject to change without notice, and provided by third parties or estimated/auto-generated.
Price Sources: Displayed prices may be provided by the designer or brand (possibly long ago), estimated by partners based on similar products, auto-generated based on category averages, historical prices no longer valid, suggested retail prices not honored by sellers, placeholder values with no basis in reality, or prices in different currencies than displayed.
No Price Guarantee: Under no circumstances does the display of a price guarantee that any product or service is available at that price, that any party will sell at that price, that the price is current or accurate, or that the price includes or excludes taxes, shipping, or fees.
Actual Prices Determined by Third Parties: If any transaction occurs, the actual price will be determined entirely by the third-party seller, who may charge any price they choose regardless of what is displayed on this Platform.
19. Visual and Image Disclaimers
Images Are Representative: All images on this Platform are representative and may not accurately depict actual products or services.
Specific Image Disclaimers: Images may show prototypes, concepts, or renderings rather than final products; display items in colors that differ from actual products; be digitally enhanced or modified; show scale or proportions inaccurately; include accessories, props, or items not included with the product; be AI-generated or computer-rendered; be from competition submissions, not commercial products; be outdated and no longer reflect current offerings; or show custom or one-off versions not available for purchase.
Color Accuracy: Colors displayed on screen are affected by monitor settings and cannot be guaranteed to match actual product colors.
No Reliance on Images: Users should not rely on images to make purchasing decisions without verification from the third-party seller.
20. Product Category-Specific Disclaimers
Food and Consumables: Any food, beverage, or consumable products listed may contain allergens not disclosed, may not be approved in all jurisdictions, may have specific storage or handling requirements, may pose health risks, and are consumed entirely at User's own risk. We make no representation regarding food safety.
Medical and Health Products: Any products with medical, health, or wellness applications are not verified for safety or efficacy, may not be approved by regulatory authorities, do not constitute medical advice, should not replace professional medical consultation, and are used entirely at User's own risk.
Children's Products: Products intended for children may not meet safety standards in all jurisdictions, may pose choking hazards or other risks, must be evaluated by Users for appropriateness, and compliance with safety regulations is User's responsibility.
Electronics and Electrical Products: Electronic and electrical products may not be certified for use in all countries, may have different voltage or plug requirements, may not include warranties valid in User's jurisdiction, may pose electrical safety risks, and compatibility is not guaranteed.
Software and Digital Products: Software and digital products may have separate license terms, may require specific hardware or software, may not function as expected, updates and support are not guaranteed, and may collect user data per their own policies.
Chemicals and Hazardous Materials: Any products containing chemicals or hazardous materials may be subject to shipping restrictions, may require special handling, may be prohibited in certain jurisdictions, safety data sheets may not be provided, and are handled entirely at User's own risk.
21. International Trade, Export Controls, and Customs
International Transactions: Products and services listed may originate from or be destined for various countries worldwide. Users are solely responsible for compliance with all import and export laws, all customs duties, tariffs, and import taxes, import permits and licenses, compliance with trade sanctions and embargoes, and restricted goods regulations in their jurisdiction.
Export Control Compliance: Some products, technologies, or intellectual properties may be subject to export control laws. We make no representation that any listed item may be legally exported to or imported into any particular country.
Sanctions Compliance: Users represent that they are not located in, under the control of, or a national or resident of any country subject to international sanctions, and are not on any restricted party list. We are not responsible for verifying compliance and accept no liability for sanctions violations.
User Bears All Customs Risk: Any customs delays, seizures, duties, taxes, or other import-related costs or issues are entirely the User's responsibility.
22. User Conduct and Prohibited Uses
Permitted Use: This Platform is provided for personal, non-commercial informational purposes, to discover and learn about award-winning designs and potentially contact designers and brands.
Prohibited Activities: Users shall not use the Platform for any unlawful purpose; scrape, mine, harvest, or collect data from the Platform; use automated tools, bots, or scripts to access the Platform; copy, reproduce, or redistribute Platform content; create derivative works from Platform content; use Platform data to build competing products or services; interfere with or disrupt Platform operations; attempt to gain unauthorized access to any systems; circumvent any security measures; impersonate any person or entity; submit false or misleading information; use the Platform to transmit spam or malicious content; engage in any activity that damages our reputation; or use the Platform in any manner that violates these Terms.
Enforcement: We reserve the right to investigate violations and take appropriate action including but not limited to removing content, terminating access, and pursuing legal remedies.
23. Platform Intellectual Property Rights
Our Intellectual Property: The Platform, including but not limited to its design, layout, graphics, logos, icons, code, software, text, compilation of listings, and overall look and feel, is protected by intellectual property laws and is owned by or licensed to us.
Trademarks: "Graded Art" and associated logos are trademarks. "A' Design Award" and related marks are trademarks of A' Design Award and Competition S.r.l. All other trademarks appearing on the Platform are the property of their respective owners.
Limited License: Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to copy, modify, or distribute content; any right to use data mining or extraction tools; any commercial use rights; or any rights not expressly granted.
Reservation of Rights: All rights not expressly granted are reserved.
24. Technical and Security Disclaimers
No Guarantee of Availability: The Platform may be unavailable at any time due to maintenance, technical failures, cyber attacks, force majeure events, or any other reason. We do not guarantee uptime or availability.
Browser and Device Compatibility: The Platform may not function correctly on all browsers, devices, or operating systems. We do not guarantee compatibility with any particular technology configuration.
Security Not Guaranteed: While we implement reasonable security measures, we cannot guarantee that the Platform is free from vulnerabilities, that unauthorized access will not occur, that data transmissions are secure, or that the Platform is free from viruses or malicious code.
Data Loss: We are not responsible for any data loss, corruption, or unauthorized access resulting from use of the Platform.
25. Currency, Tax, and Financial Disclaimers
Currency Display: Prices may be displayed in various currencies. Currency conversions are approximate and may not reflect actual exchange rates. Actual transaction currencies and conversion rates are determined by third-party sellers and payment processors.
Tax Responsibility: Users are solely responsible for determining applicable taxes, paying all applicable sales, use, VAT, GST, or other taxes, tax reporting and compliance, and understanding tax implications in their jurisdiction. We do not collect or remit taxes on behalf of Users or third parties.
No Financial Advice: Nothing on this Platform constitutes financial, investment, tax, or legal advice. Decisions regarding intellectual property licensing, investments, or significant purchases should be made with appropriate professional advice.
26. Environmental and Sustainability Claims
Sustainability Claims Not Verified: Any claims regarding environmental friendliness, sustainability, eco-consciousness, recyclability, carbon footprint, or similar attributes are made by third parties (designers/brands), have not been verified by us, may not meet any particular standard, may be inaccurate or overstated, and should be independently verified.
No Green Certification: Display of any product or service does not constitute certification of any environmental claims.
27. Authenticity and Counterfeit Disclaimer
Authenticity Not Verified: We do not verify the authenticity of any product. Users assume all risk of counterfeit or fraudulent products.
No Authentication Service: We are not an authentication service and make no representation that any product is genuine, original, or as described.
Counterfeit Risk: Transactions with third parties may result in receipt of counterfeit, replica, or misrepresented goods. This risk is entirely borne by the User.
28. Professional and Regulatory Compliance
Professional Services Disclaimer: Creative services listed may require professional licensing, certifications, or qualifications that vary by jurisdiction. We do not verify that any designer or service provider holds required licenses, maintains required insurance, meets professional standards, or is authorized to practice in any jurisdiction.
Users Must Verify Credentials: Users engaging professional services are solely responsible for verifying professional credentials, ensuring regulatory compliance, requiring proof of insurance where appropriate, and confirming authorization to work in their jurisdiction.
No Professional Advice from Us: Nothing on this Platform constitutes professional advice of any kind including legal, financial, medical, architectural, engineering, or other professional advice.
29. Recall and Safety Notice Disclaimers
We Do Not Track Recalls: We do not monitor, track, or communicate product recalls, safety notices, or warnings. Users are solely responsible for checking for recalls before purchase, monitoring recall announcements, and taking appropriate action for recalled products.
No Liability for Recalled Products: We accept no liability for any product that is or becomes subject to recall, regardless of whether such product was listed on our Platform.
Safety Notices Are User's Responsibility: Staying informed about product safety is entirely the User's responsibility.
30. User Data Shared with Third Parties
Data in Inquiries: When Users contact designers or brands through external links or contact information, Users may provide personal data directly to those third parties. We do not control how third parties use such data, are not responsible for third-party data practices, encourage Users to review third-party privacy policies, and accept no liability for third-party data handling.
No Data Controller Responsibility for Third Parties: We are not the data controller for any information Users provide directly to third parties through external links.
31. User Responsibilities and Acknowledgments
By using this Platform, Users acknowledge and agree that they have read and understood these Terms; they use the Platform at their own risk; they will conduct independent due diligence; they will verify all information before reliance; they will not hold us responsible for third-party conduct; they understand we provide information only; they understand we do not sell, broker, or facilitate transactions; they will comply with all applicable laws; they will resolve disputes directly with third parties; and they are of legal age to enter binding agreements.
User's Sole and Exclusive Remedy: User's sole and exclusive remedy for any dissatisfaction with the Platform is to stop using it.
32. Indemnification
Users agree to indemnify, defend, and hold harmless the Platform, its owners, operators, affiliates, partners, licensors, service providers, employees, agents, officers, directors, and related parties (including A' Design Award and Competition S.r.l. and all its affiliates, officers, directors, and employees) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- User's use of the Platform
- User's violation of these Terms
- User's violation of any law
- User's violation of any third-party rights
- Any transaction between User and any third party
- Any dispute between User and any third party
- Any content User submits
- User's reliance on any Platform content
- Any claim that User's actions caused damage to a third party
This indemnification obligation survives termination of these Terms.
33. Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles.
Exclusive Jurisdiction: Any dispute arising from or relating to these Terms or use of the Platform shall be subject to the exclusive jurisdiction of the courts of Como, Italy.
Waiver of Class Action: Users waive any right to participate in class actions, collective actions, or representative proceedings. All claims must be brought individually.
Time Limitation: Any claim arising from or related to these Terms or the Platform must be filed within one (1) year after the claim arose, or be permanently barred.
Mandatory Informal Resolution: Before initiating any legal proceeding, Users must attempt to resolve disputes informally by contacting us. Users agree to negotiate in good faith for at least sixty (60) days before filing any claim.
34. Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that A' Design Award and Competition S.r.l., its parent companies, subsidiaries, and affiliates, its officers, directors, employees, and agents, our affiliates, partners, and service providers, and any other indemnified parties are express third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions and may enforce such provisions directly.
35. Injunctive Relief
Notwithstanding any other provision, we shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent violation of our intellectual property rights or these Terms, without need to post bond. Users shall not be entitled to specific performance of any obligation.
36. Feedback and Submissions
Feedback Becomes Our Property: Any feedback, suggestions, ideas, or other submissions provided to us become our property. We may use such submissions for any purpose without compensation or attribution to the User.
No Obligation to Act: We have no obligation to review any feedback, implement any suggestion, respond to any submission, or maintain confidentiality of submissions.
No Confidential Relationship: Submitting feedback does not create any confidential, fiduciary, or other special relationship.
37. Accessibility
Accessibility Efforts: We endeavor to make the Platform accessible but do not guarantee compliance with any particular accessibility standard.
No Warranty of Accessibility: We make no warranty that the Platform is accessible to users with disabilities or compatible with assistive technologies.
38. Translations and Language
English Prevails: These Terms are provided in English. Any translation is for convenience only. In case of conflict between English and any translated version, the English version prevails.
Translation Errors: We are not responsible for errors in any translated version of these Terms or Platform content.
39. General Provisions
Severability: If any provision is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if modification is not possible, severed. All other provisions remain in full effect.
Entire Agreement: These Terms constitute the entire agreement between Users and the Platform regarding its subject matter, superseding all prior agreements, representations, and understandings.
No Waiver: Failure to enforce any provision does not constitute waiver of that provision or any other provision.
No Agency: Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between Users and the Platform, or between the Platform and any designer or brand.
Assignment: Users may not assign these Terms. We may assign these Terms without restriction.
Force Majeure: We are not liable for any failure or delay due to circumstances beyond our reasonable control.
Headings: Section headings are for convenience only and have no legal effect.
Survival: Provisions regarding disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
40. Modifications and Termination
Right to Modify: We reserve the right to modify these Terms at any time without notice. Continued use after modification constitutes acceptance of modified Terms.
Right to Terminate or Modify Platform: We may, at any time and without notice, modify or discontinue the Platform, remove any content or listing, restrict access, or terminate User access. We have no liability for any such action.
41. Specific Scenario Disclaimers
To ensure absolute clarity, we specifically disclaim responsibility for the following scenarios:
- "The listing said I could buy this product, but I can't" - Listings are informational. We do not guarantee availability. Contact the third party to verify.
- "The price was different than shown" : Prices are informational only. Actual prices are set by third parties.
- "The designer never responded to me" : Listed Parties have no obligation to respond. This is an expected possibility.
- "The product doesn't exist" : Some listings may be for conceptual, prototype, or discontinued items.
- "The service wasn't what was described" : All transactions are with third parties. We make no warranty about their services.
- "The company is out of business" : We do not verify ongoing business operations.
- "The listing was for someone who didn't want to be listed" : Listings may be created by partners based on public award records.
- "I relied on the award status to make a purchasing decision" : Award status is informational only, not a quality guarantee or purchasing recommendation.
- "The link took me to a scam website" : External links are to third-party sites beyond our control. We are not responsible.
- "I didn't know I was leaving your site" : Call-to-action buttons redirect to external sites. Users are responsible for understanding this.
- "The product injured me or damaged my property" : We are not liable for any product safety issues. Users assume all risk.
- "I lost money based on information from this site" : We accept no liability for reliance damages of any kind.
42. Contact Information
If you have questions or concerns regarding these Terms, please contact us through our official communication channels listed on our Impressum page.
By using Graded Art, you acknowledge that you have read, understood, and agree to be bound by these Terms and Agreements.
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