You acknowledge and agree that, by accessing or using the website or services or by selling or purchasing a work on or through the website or by posting any content on the website, you expressly agree and acknowledge that you have read and understood these Terms, whether or not you have registered with the website. If you do not agree to these Terms, then you may not access or use the website or services. 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 requisite authority to bind that company or other legal entity to these Terms and, in such event, the terms "you" and "your" shall refer and apply to such company or other legal entity.
Artiliving reserves the right, at its sole discretion, to modify, discontinue or terminate the website or 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. We will also update the "Last Updated Date". By continuing to access or use the website or Services after we have posted a modification on the website, 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 the website and Services. You are solely responsible for regularly reviewing these Terms.
The website and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the website or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the website or Services you represent and warrant that you are of 18 years or older, and that you are not debarred or prohibited from using the website or availing of the Services by any judicial verdict or statute currently in force.
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; (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 or substances.
- Use, display, mirror or frame the website, or any individual element within the website, Artiliving’s name, any Artiliving trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artiliving’s written consent;
- Access, tamper with, or use non-public areas of the website, Artiliving’s computer systems, or the technical delivery systems of Artiliving’s providers;
- Attempt to probe, scan or test the vulnerability of any Artiliving system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artiliving or any of Artiliving’s providers or any other third party (including another user) to protect the website, Services, Artiliving Content or Member Content;
- Attempt to access or search the website, Services, Artiliving Content or Member Content or download Artiliving Content or Member Content from the website or Services 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 Artiliving 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 an Artiliving trademark, logo URL or product name without Artiliving’s express written consent;
- Use the website, Services, Artiliving ‘s Art 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, Services, Artiliving 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 the website, Services, Artiliving 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 website;
- Collect or store any personally identifiable information from the website or Services from other users of the website or Services without their express 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.
No Unlawful or Prohibited Use
By using the website, you hereby expressly warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
Links to Third Party websites
The website may contain links to other websites ("Linked website"). The Linked websites are not under the control of Artiliving, and Artiliving is not responsible for the contents of any Linked website, including without limitation any link contained in a Linked website, or any changes or updates to a Linked website. Artiliving is not responsible for webcasting or any other form of transmission received from any Linked website. Artiliving is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artiliving of the website or any association with its operators.
You agree to defend, indemnify, and hold Artiliving, 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, Services, Artiliving content or user 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, Services, Artiliving content and user content remains with you. Neither Artiliving nor any other party involved in creating, producing, or delivering the website, Services, Artiliving content or user 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 website, Services, Artiliving or user content, or from any communications, interactions or meetings with other users of the website or Services or other persons with whom you communicate or interact as a result of your use of the website or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artiliving 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.
Terms and conditions for Purchaser
You may purchase Artworks that are listed by Artist/Art collector on the website. When you purchase such an Artwork through the website and Services, you are purchasing the work from Artiliving and not from the Artist/Art collector identified on the listing for such work. Prices for Artworks will be as specified on the applicable listing.
Applicable statutory taxes & shipping rates may be payable in addition to the price listed for artworks on the website, depending on the geographical locations of the buyer and artist respectively. The same will be communicated to the buyer at the time of checkout and before any payment towards the order is collected by Artiliving.
The terms and conditions of Artiliving’s then-current Policies apply to any Artwork that you purchase through the website and Services. When you purchase Artwork via Online Sales (other than via the website and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Artiliving reserves the right to cancel any order for an Artwork placed via the website and Services if Artiliving determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the website and Services. If Artiliving cancels an order placed via the website and Services, Artiliving will send you an email confirming such cancellation and you will not be charged for your order. In the event that payment has been made for the same, such payment will be refunded into your bank account / reversed on your credit card statement within 15 days of you making such payment.
Terms for both Sellers and Purchasers
If you are an Artist/Art collector and have submitted a listing for an Artwork and have been contacted through the website and Services by a buyer with respect to purchasing the same, you may not sell such the Artwork to such a buyer independent of the website and Services, or initiate any communication with such buyer outside of the communication channels provided on the website, whether or not in relation to bypassing or attempting to bypass the website and Services. Similarly, if you are a Buyer and desire to purchase an Artwork for which an artist or art collector has submitted a listing, you may not contact or attempt to contact the artist directly, or using any means outside of those provided on the website, whether or not to attempt to purchase the artwork from such an artist/art collector independent of the website and Services. To summarize, neither the artist nor the buyer shall be entitled to initiate or respond to any communication that takes place outside the channels provided by Artiliving on the website, and both parties have a duty to report any breach or attempted breach of these provisions to Artiliving immediately. In the event of any breach of these provisions, Artiliving shall be entitled to suspend/terminate the offending account(s) in addition to levying any penalties / fines on such buyers/artists as it might deem appropriate in its sole discretion, and in addition to any and all remedies available to it under law.
If you are a purchaser of Original Works and/or Printed Works, you acknowledge and agree that you are aware that Artiliving will add Taxes to the amounts charged, as may be required by any applicable rule, regulation or statute currently in force. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Artiliving uses commercially reasonable efforts to display the colors of Original Works of Art, Photography accurately via the website and Services. However, because individual computer monitors may display colors differently, Artiliving is not responsible for the color accuracy of any Artwork displayed on the website and Services, and disclaims all liability in this regard. Furthermore, the images of artworks displayed on the Website have been provided to Artiliving by the Artists concerned and as such Artiliving is neither responsible nor liable for the accuracy / inaccuracy of the same.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the website and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com You acknowledge and agree that all Feedback will be the sole and exclusive property of Artiliving.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further expressly agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru in the state of Karnataka, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bengaluru shall have exclusive jurisdiction over any disputes arising between the Parties.