Terms and Conditions

Enmain OpenArt LLP and its affiliates (“OpenArt”) provide its contents on openart.in (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on August 25, 2017. By accessing and using this Site, you agree to these Terms. For an explanation of OpenArt’s practices and policies related to the collection, use, and storage of our users’ information, please read our privacy policy.

1. Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of OpenArt or its licensors and is protected by India and international copyright laws. All rights not expressly granted are reserved.

2. Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of OpenArt and its licensors. You agree that you will not refer to or attribute any information to OpenArt or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, OpenArt or its licensors.

3. Use of site content
OpenArt hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without OpenArt’s prior written consent.

4. User postings
You acknowledge and agree that OpenArt shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against OpenArt for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with OpenArt’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. OpenArt does not and cannot review all information posted to the Site by users and is not responsible for such information. However, OpenArt reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of infringement and takedown by OpenArt
OpenArt prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to us.

6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT OPENART IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPENART AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. OPENART SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER OPENART NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Third-party websites
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. OpenArt has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

8. Governing law; jurisdiction
These Terms are governed by the laws of India without reference to the principles of conflicts of laws thereof.