Terms Of Use
Please read these terms and conditions of use before using this Website & Mobile app.
*By continuing to access or use this Website or any service on this Website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.*
1. User Acceptance and Consent to Terms and Conditions of Use
Welcome to www.artistivity.com (also referred to herein as the “Website”) that is owned and operated by Morphidea Ideations Pvt Ltd (“Artistivity”). By using or registering for the services offered on the Website (collectively, the “Service”), users and the entities or persons they represent (“User/Users” or “You”) agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). Artistivity reserves the right to suspend / cancel, or discontinue any or all Services(s) at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Website without prior notice. Such changes will be posted to [https://artistivity.com/terms](https://artistivity.com/terms) for your reference and convenience so as to enable you to understand your responsibility as a user.
*ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING*
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.
2. License; Permitted Use
*Permitted Use for Visitors*
You agree that you are only authorized, in accordance with, and pursuant to these Terms of Use, to visit, view and to retain a copy of pages of the Website for your own personal, noncommercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the Website or the Service for any purpose other than to review content and promotional information, and/or for personal use, unless otherwise specifically authorized by Artistivity to do so. As an express condition of your use of the Website and the Service, you warrant to Artistivity that you will not use the Website or the Service for any unlawful purpose or purpose prohibited by these Terms of Use. You also agree not to link or deep-link to the Website for any purpose unless specifically authorized by Artistivity to do so.
*Permitted use for Artists*
If You are an Artist, willing to avail the Services of Artistivity, You have to register yourself as a member on the Website. You can access the registration page here [insert link here]. Once registered, You shall update the availability calendar on the Website, or the management team of Artistivity...
3. User Obligations
In consideration of use of the Website, You represent and confirm that You are of legal age to enter into a binding contract and are not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service, You have and must continue to maintain at your sole cost: (a) all the necessary equipment, including a computer and modem, to access the Website/avail Services; (b) own access to the World Wide Web. You shall be responsible for accessing the Services, and that access may involve third party fees, including airtime charges or internet service provider’s charges which are to be exclusively borne by You.
In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
4. Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and/or the Service (the "Intellectual Property Rights") shall, as between you and Artistivity, at all times be and remain the sole and exclusive property of Artistivity or its content suppliers. All software used on this Website is the property of Artistivity or its software suppliers and protected by Indian and international copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to Artistivity for its exclusive use.
5. Copyright Claims
Artistivity respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Artistivity with the following information...
*Artistivity’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows:*
*by mail: --------------------------------------------;*
*by email------------------*
6. Fees and Payments
Artistivity reserves the right at any time to charge fees for access to all or portions of the Website and/or the Service. If at any time Artistivity requires a fee for all or portions of the Website and/or the Service, Artistivity will require you to register and create an account...
7. Reviews and Comments
Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit or post to the Website, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and Artistivity shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions...
8. Links to Other Sites
All the contents of the Website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision...
9. Advertising Material
Part of the Website contains advertising information or promotional material or other material submitted to Artistivity by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable International and National law is exclusively on the party providing the information/material...
10. Content on the Artistivity Network/Website
Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that Artistivity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material...
11. Disclaimer Of Warranties; Limitation of Liability
THIS WEBSITE IS PROVIDED BY ARTISTIVITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTISTIVITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE...
12. Representations and Warranties
You represent, warrant and covenant that: a. you have the power and authority to enter into this agreement; b. you shall not use any rights granted hereunder for any unlawful purpose; and c. you shall use the Website and the Service only as set forth in these Terms of Use.
13. Indemnification.
You agree to defend, indemnify, and hold harmless Artistivity, and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders, or other partners, and employees, from any and all liabilities, claims, expenses, or demand, including reasonable attorneys' fees, made by any third party due to or arising from:
(i) your use or misuse of or your connection to the Website and/or the Service,
(ii) out of Content you submit, post to or transmit through the Service,
(iii) from your violation of the Terms of Use, or
(iv) your violation of any rights of another.
You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Artistivity.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Artistivity.com in asserting any available defenses.
14. Termination.
In accordance herewith, either you or Artistivity.com may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of the Website and the Service and destroying all materials obtained therefrom. Your use of the Website and the Service will terminate immediately without notice from Artistivity if you, in Artistivity’s sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by Artistivity.com, you must immediately cease all use of the Website and the Service and destroy all materials obtained from the Website and the Service and any copies thereof.
15. General Information.
The Terms of Use and the relationship between You and Artistivity shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
The failure of Artistivity.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
You accept that Artistivity.com has the right to change the content, service, or technical specification of any aspect of the Website or the Service at any time in its sole discretion. You further accept that such changes may result in your being unable to access the Website and/or the Service.
These Terms of Use and any and all other terms and conditions of service on www.artistivity.com and its successor represent and constitute the entire agreement between you and Artistivity.com regarding your relationship with Artistivity.com, supersedes any prior statements or representations, and governs your use of the Website and the Service.
16. Notices
All notices and communications (including those related to Service, termination of Service, etc.) shall be in writing, in English, and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Artistivity: at ____________________
If to a non-registered User, at the communication and/or email address specified in the application form availing of an Artistivity Service.
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.