Terms of Use & User Agreement

This User agreement is binding to all users (buyer, seller, non-buyer, non-seller) of http://www.arte101.com/

Introduction

Thanks for choosing Arte101.com (“Platform”) as your creative destination on the web and for using our services for spreading and sharing creativity. With Arte101 you can post your creations, view creations by others, replicate your own design on various products, display products, follow and unfollow artists, follow and unfollow people, follow and unfollow accounts, like and dislike content, interact with other users, interact with Arte101 support, provide feedback, comment and collaborate with other entities. Such interactions on a creative platform shows the diverse nature of this platform. By using these diverse services, you are agreeing to this User Agreement. Please read this user agreement carefully. Also please do not use this platform if you are not in agreement with any part of this agreement.

Sometimes, additional information may be required at our end in order to ensure certain legalities which may include age requirements, additional residential or identification proofs and more.

Intellectual Rights: Respecting the intellectual rights of all users is the most essential part of this platform and as such should be an essential part of every user’s duties. These intellectual rights include but are not restricted to designs, elements, copyright and trademarks. All the content uploaded by any user should be its intellectual property and should have been created by the user, or should have necessary approvals, permissions to execute the design including the intellectual rights of any other user or entity. Only the content created by the user or entity should be uploaded by that user and should in all circumstances refrain from including content of other users thus respecting the intellectual rights of others. This understanding is most important for sellers that by posting their content on this platform, they are making the same visible for the rest of the world. This can lead to direct copyright violations and cause legal implications. Please ensure you are respecting the intellectual rights of others.

Similarly, for non-seller members or users browsing the website for viewing or purchasing, it is essential to respect the intellectual rights of the content posted on the website by other users. Showing respect to the intellectual rights of others ensures a smooth functioning of this platform and is necessary to avoid any sort of dispute or legal implications between users. This platform is a community for like-minded, art loving people and being a part of this community in any way makes it our collective responsibility to ensure that no harm is done to this community.

Legal:

This agreement is binding to all users of http://www.arte101.com (“Platform”). The terms of this agreement are stated below. This binding agreement is between Arte101 Pvt. Ltd. and the user. Please do not use this platform if you are not in agreement with any clause of this agreement. You must always follow all clauses of this agreement at all times in order to avail the services provided by the platform.

This agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of http://www.arte101.com platform/website.

The domain name http://www.arte101.com (hereinafter referred to as” Platform” or "Website") is owned by Arte101 Pvt. Ltd. a Private Limited Company duly incorporated under the companies act 1956, with its registered office at (hereinafter referred to as "COMPANY").

For the purpose of this agreement, wherever the context so requires "You" or “User” shall mean any natural or legal person who has agreed to become a seller, buyer, browse on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Arte101 Pvt. Ltd. allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Arte101 Pvt. Ltd.

At the time of using the services provided by the platform not limited to buying, selling, comment, likes, dislikes, interaction, follow and unfollow, collaborating and browsing you are agreeing to this legal agreement along with other policies not limited to privacy policy, terms of use, cancellation policy, return and refund policy, guidelines, terms and conditions and rules. The Company at its sole discretion has the absolute right to amend, change and modify by adding or removing parts of agreement, terms and conditions, policies, guidelines and rules without providing any prior written notice to the users of the platform. The Company from time to time will inform you about the updated terms, guidelines, rules etc. at its own sole discretion. It is absolutely responsibility of the user to keep itself up to date with the new policies, guidelines, terms and conditions etc. at any point of time. Use of website for any purpose not limited to browsing, selling, buying, comments, interactions, follow/ unfollow accounts will be considered as acceptance of the updated policies, guidelines, terms and conditions, rules etc. The company will grant you access to the platform as long as you comply with the terms and conditions, guidelines, policies and rules stated on the platform for all users.

Don’t interfere with the smooth functioning of the platform and don’t misuse the services at any cost. The misuse of the platform includes all activities that in any way personally, emotionally, financially, causes harm to other users, platform, company and/or living person or entity whether legal, business or social. Such activities include but are not limited to use of art or elements with prior permission from the owner, use of images or graphics of any living person or entity without proper permission, accessing the platform using ways other than the interface provided by the company, extracting data using any code form or software, use of trademarked or copyrighted material without permission, posting mature/nudity/pornographic content on the platform. Such activities will result in a ban of your account and may invite legal implications for the future.

Use of the platform doesn’t give you intellectual right on the services and interface provided by the company in any way and it still remains the intellectual property of the company. You have an absolute intellectual right on the images, graphics and data provided by you unless you have violated any of the above clauses. Use of the services provided by the platform doesn’t give you permission to use the logos, branding used in the services. In no way are you allowed to alter the contents of any policy, terms and conditions, guidelines and rules provided by the company. Any suspicious activity of this form will lead to direct legal action against the user.

Eligibility:

Only living persons who are eligible as per the Indian Contract Act of 1872 can use the website as they can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Arte101 platform and shall not transact on or use the website. As a minor if you wish to use or transact on platform, such use or transaction may be made by your legal guardian or parents on the platform. Arte101 Pvt. Ltd. reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Arte101 Pvt. Ltd. ‘s notice or if it is discovered that you are under the age of 18 years. No prior notice will be given to you before termination of the services. If you wish to enquire about the closure of your account, please contact the company using various methods provided on the platform to contact the company.

Modifying Content of Agreement:

Constant updation of this agreement, guidelines, policies and rules is a part of constant growth and providing new and more efficient services to all users. We may modify any content of such agreements and policies without prior notice to users. This is at the sole discretion of the company. Addition/ deletion of terms and conditions, clauses, services or suspension/ termination of services, accounts are at the sole discretion of the company.

The Company from time to time may notify the users in case of any amendments or termination of services / accounts. But it is as such in no obligation to do the same. It is the responsibility of the user to keep itself updated with the changes in the agreement, policies, guidelines, terms and conditions and rules. At any point the user (you) must refrain from editing/ modifying the contents of the intellectual property of the company including but not limited to guidelines, policy, rules, terms and conditions and agreement.

We may communicate the above mentioned changes to you via your registered email id or by displaying the same on the website. But the continuous use of our services and platform is a confirmation for the acceptance of any changes in agreement, policies, terms and conditions and more. You may opt out of receiving further communication with this regard at any point of time with the setting in the received mail or from your account settings.

At the time of suspension of your account / service, we will give you ample time to save the important data processed by you via the platform as a part of respecting your intellectual property rights. Although this may not be the case, if your account suspension is due to abuse of intellectual property rights of some other user/ entity.

Services:

Arte101 is a creative platform for all, providing the following services to its users:

  1. Account creation: As an essential part of any e-commerce platform, all users are required to create their account in order to verify any submissions, sale, purchase, request, query etc. Users are requested to submit their information as requested on the website in order to ensure proper validation and rechecking in the future. Please refer to eligibility criteria for account creation here.
  2. Submitting data: All users registering as artist will be able to submit art in multiple formats as supported by the website. This submitted text may be in the form of graphics, text, data, art, images, photographs, sound, music, or any other form. All content uploaded by the user in its portfolio, may be considered as their art. This art may be viewed by other users, appreciated, disliked or bought via the platform.
  3. Publishing data: Users can publish the submitted art in various forms on the website. The primary form of display will include but is not limited to all products uploaded by the company on the platform. Other data can be published in the form of text, videos, music, sound etc. in other sections of the platform such as blogs. You may upload your art for your own purchase or publish the same in order to make the art available for purchase by others in the form of products listed by the company on the platform.
  4. Use of proprietary software: The platform Arte101.com allows use of its proprietary software via its own interface. Use of this software via any other means will result in permanent ban of the user along with a possibility of legal action against the user. The proprietary software allows the users to publish their art in the form of various products that will be manufactured by the Company or its subsidiaries and provided by the Company to buyers.
  5. Interaction with other users: As a social platform for creativity, Arte101 provides various means to set interactions between its users. Such means of interactions include following, unfollowing users, messaging, blogging, comments, likes and dislikes etc. These methods of interactions are provided for building an online community and any sort of teasing, abusing, use of abusive language, posting mature and sensitive content, posting illegal content which may cause harm to any person or entity or causing social unrest will lead to immediate ban of the account and may invite legal action against the user.
  6. Payment processing: The company has tied up with various online payment service providers. All these online payment service providers are the industry best for maintain seamless and secure transactions. The user may be, from time to time, asked to update and provide correct account details in order to make payment processing smoother. For a better understanding of all aspects of payment processing, please refer to the payment section of this agreement.
  7. Customer servicing: All customer queries will be handled by the company via the interface provided on the platform. Post submission of any query or complain, the user will be provided with a complain number on all possible ways and the redressal of the complain will be done in the specified time. All / any issues with the products provided by the company through the platform will be handled as per the return and refund policy specified on the platform.
  8. Manufacturing: All products on the platform will be directly manufactured by the company or through its authorised third party vendors. Quality checks are an essential part of the company’s policy and thus regular checks of the raw materials and finished goods are undertaken by the company.
  9. Delivery: Delivery of all orders is undertaken by the company via its own mediums and third party vendors. Tracking of any order is possible using the interface provided on the platform. Also in case of any refund or return, the product may not be returned at the time of delivery. The same will be collected and replaced as per the return and refund policy of the company. For some areas services like Cash-on-delivery may be disabled. It is at the sole discretion of the company to set the guidelines for such services.
  10. Product specifications: In case of the platform, all product specifications are provided by the company for all users. In case of artists, they may specify certain specifications with respect to their art. These specifications may be considered while manufacturing the final product. In case the manufacturing is done by any third party, the instructions will be shared with the third party manufacturer to maintain consistency in the final production of goods.

 

Membership:

As such, the membership on the platform is free and anybody can become a member on the platform. In order to gain membership on the platform and to be able to post content including submitting your art, publishing the art and creating products, interactions with other user and more, the user has to create a password protected account by sharing some personal information as required on the platform. A username has to be selected at the time of registering on the platform. It is at the sole discretion of the Company to reject the username, if it finds it inappropriate in any way. Also, the Company at its sole discretion may reject or cancel membership of any person completely without providing any prior information to the user. No information about cancellation of the membership may be provided post cancellation.

Confirmation of the membership may be done via request to verify email id or contact number. Prior to that membership may not considered as accepted. ReCAPTCHA is an essential part of gaining membership and all user must acknowledge the use of ReCAPTCHA as a part of verification. As an extension to the use of ReCAPTCHA we suggest the user should go through Google’s reCAPTCHA policy.

The Company at its sole discretion may change the fee policy of the platform without prior information to its existing customers. In particular, the Company may introduce new services and modify some or all of the existing services offered on the Website. In the case of a paid membership, whether complete or in part, the Company reserves the right to introduce fees for any services offered by the Company via the platform. The Company may, from time to time, post changes in the fee structure on the website or share the same via any digital communication such as email or newsletter. These changes in the fee policy will become effective immediately after they are posted on the website. The user can choose at its sole discretion to accept or reject the fee structure. In case of refusal, the membership in its entirety or access to specific parts of the platform will be restricted for the user. Also unless otherwise stated, all fee structures will be quoted in INR (Indian Rupees). All payments of any fee shall be made in the name of Ate101 Pvt. Ltd. unless otherwise stated.

Account obligations:

Using the platform, makes you solely responsible for any content posted on the platform including your credentials used on the platform such username, password, products sold, bank account details, messages etc. if the same has been done using your password. You hereby agree to not share your credentials, especially your password with anybody else. Also assure that your password has not been made publically accessible or place in a file from where it can be copied and used by anybody else.

You shall be solely responsible for actions done on the platform using your display name / username / password. You shall also insure that no false information has been passed on to us by you. If any false or untrue information has been passed on by you then, the Company may terminate your membership at its sole discretion, blocking your access to the platform completely and entirely.

If you suspect any suspicious activity in your account or have prior knowledge of loss of credentials, it will be your solely your responsibility to change your credentials immediately.

Content posting on Platform:

All content posted by you on the website by its users including but not limited to texts, graphics, images, photographs, trademarks, logos, sounds, videos, music, and art are all third party content generated by the user and neither the Company nor the platform have any control over this user generated content. The platform acts as an intermediary for the users.

As such Arte101.com is a platform for artists and it encourages all its members to post original content on the platform and content as per our Terms and Conditions for use of the platform. No content from the website may be replicated, copied, reproduced, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, platform, website, or other medium for publication or distribution for any entity.

  1. For Artists: We highly recommend that all artists post only original content on the platform. By doing so, the artist (also registered as a user) reserves the copyright to all of that content. For publishing this content on the platform and displaying the same on various products for sale purchase, you grant the platform / Company a non-exclusive royalty free license. This way granting Arte101 the right to use and archive the content as per the terms and conditions of this agreement and helping you avail the services provided to you by the platform and the Company.

By submitting or uploading content / art on the platform you agree to the following:

a)      That all the posted content is original and own the copyright and necessary trademarks for the same.

b)     That if you are not the owner of the posted content, then you have the necessary permissions to create, recreate and post the content on the platform in order to publish the content on the platform in its entirety or in the form of products available for sale.

c)      That your use of the platform is within the limitations set through this agreement and its clauses. Also that you are complying with the other policies set by the company for the common interests of all users.

d)     That the uploaded content doesn’t violate the rights of intellectual property of any other person or entity. That there is no breach of any copyright, trademark, patents, rights or privacy of any other person or entity.

e)     That the content does not include text, images, graphics, music, sound or videos which cause emotional, mental, or sentimental harm to any person or entity. The content should not demean or defame any person, entity, race, religious group or religion. That the content doesn’t contain any illegal, pornographic, objectionable, mature content causing harm, harassing and violating the privacy of any person or entity.

f)       That the content is free from any kind of offers, promotions, schemes, services etc. which maybe intended for personal gains and causing harm to others including the Company / Platform.

g)      That the content uploaded does not contain any malicious or harmful code such as viruses, Trojan horse, worms, ransomware and / any other program or code generated using any electronic media or programming language that may intended for extracting data, intercepting and interfere and damage personal or professional data.

h)     That the content doesn’t provide additional representations on the part of the user.

i)       That the content doesn’t violate any rule under the established laws as practiced in India.

 

  1. For all users: It is at the sole discretion of the Company to cancel the membership of any of its users in case it is found that the user is violating the terms and conditions of this agreement by posting inappropriate content on the platform. For use of any content from the platform it is absolutely necessary for all users to not remove any proprietary information about that content. Also such content may be used for personal and non-commercial purposes only without making any changes to the content including adding additional warranties and representations. All users including artists agree to keep Arte101.com and Arte101 Pvt. Ltd. absolutely and completely indemnified against any fault or violation by them that may cause harm to the platform or the company

The Company has the sole right to review and cancel or remove any content from the Platform by way of deletion of content or cancellation of your account / membership. Any violation of established law of the Government of India or violation of right of intellectual property will also result in immediate suspension of your membership

Selling your art as a product:

As a part of the platform, offering your art to be sold as a physical product is a feature available for all users. Once the artwork is uploaded, it may be published on the list of products provided by the Company on the platform. By submitting the artwork for sale as a product, you are representing and warrant that you are the sole owner of the art work and that the artwork doesn’t not violate the rights of intellectual property of any person or entity. When you submit your content on the platform you clearly express the wish to use the services provided by the platform in order to market and sale your art in the form of physical products, to manufacture these products, to get these products manufactured by third party vendors and handle delivery, refund and returns of these products, once the user places an order through the platform.

Also the following terms and conditions start to apply when you offer your art to be sold as a product in order for the company to provide you with the necessary services and cater to the request and orders placed by the buyer on the platform.

  1. 1.      Orders: Arte101.com will act as an agent simultaneously acting as an independent contractor on behalf of and at the instructions of the artist to receive orders of physical products from customers on which the art submitted by the artist has been published. The platform acts as an agent between the artist submitting the art and the customer buying the physical product from the platform on which the art may have been published, by facilitating the sales transaction in its entirety. The platform provides these services by provide a marketplace for all customers. The platform will market these products and perform the sale of these products on the instructions of the artist. As a part of the services Arte101 will arrange mediums of facilitating payments for all order received, from the customer. Post receiving orders from customers, the platform will take measures for proper manufacturing of the physical products by publishing the art provided by the artist at the instructions of the artist. This process of manufacturing may be facilitated by the company or by the company’s allotted third party vendors. The platform shall also provide delivery of such physical products on which the art provided by the artist may be published via its own mediums or by its third party vendors, to the customer as per the instructions of the customer.

 

  1. 2.      Post sales services: As per the terms set by this agreement, the platform will provide all services pursuant to this agreement until the termination of the sales transaction between the artist and the customer. These services may include but are not limited to refund, return any physical product sold via the marketplace/ platform. Taking feedback, sharing information such as new artworks by the artist, or those that may interest the customer, providing offers on existing or new products, sharing information about new products through various media. These services and more are binding to the artist and customer with the platform until the termination of this agreement between the platform and the artist or the platform and the customer. For more information on the termination of this agreement please refer to the clause for Termination of Agreement.

 

Further agreement may involve the independent acts of the platform in order to obtain new or more orders from new or existing customers. These acts may include marketing and promoting in order to obtain more orders on the platform for one or more members from new or existing customers. These promotions or marketing strategies may be made for the purchase of published art on any physical products, new or existing, that may be similar to the art published by you. These acts are independently conducted by the platform and the use of this platform shall be considered as agreement to these clauses.

 

  1. 3.      License: In order to carry out the services, you are granting the platform and the company a non-exclusive royalty free license. As per this license the platform and the company will be able to use your intellectual property that includes but is not limited to the content uploaded by you on the website for sale, viewing and interaction by other users. Such a license is absolutely necessary to carry out the services by the platform towards artists and customers. Also, as understood instructions from the artists, you enable the platform and the company to facilitate the sales transaction of your art as physical products by publishing your art on these products.

You hereby instruct the platform and the company to provide and facilitate all services necessary for completing the sales transaction between you and the customer including but not limited to selling, marketing, promoting, manufacturing, sharing, delivering, receiving payments, handling products and orders, returns and refunds in accordance to reasonable business practices unless otherwise specified or instructed by you prior placement of order by the customer.

  1. 4.      Product sale:

4.1            Selling price: The selling price of all products charged to the customer consists of the manufacturing cost charged by the platform, company or any third party manufacturer associated and appointed by the company, along with charges for hosting, running and upkeep of the platform by the Company. This collective cost may be called as the “Base Price” of the product. This Base price includes but is not limited to the cost of raw materials, print cost, manufacturing cost, packaging cost, delivery charges, hosting cost, marketplace cost and upkeep cost. Apart from the Base Price, the selling price also includes the creator/artist margin or “Your Margin” along with any relevant sales tax (such as Sales Tax, GST, VAT, etc.) as applicable as per the country or state law that the platform/company and/or you are liable to account for to any authorities. The delivery or shipping charges are included in the base price of the product. This has been done keeping in mind and reducing the cost of products to the customer. This charge is only applicable when an order is placed by the customer.

4.2            Mark-up: At the time of submitting the art on the platform, each artist can select and/ or select the price of individual product, which you deem fit for publishing your art and making the physical product available for sale for customers. This mark-up price may be as per your wish, but within the limits specified by the platform. Thus the mark-up price may be greater than or equal to the set lowest selling price but below the set highest selling price for any individual product. Your total mark-up value may be calculated post deduction of the Base Price from the price set by you for each individual product. The mark-up will be displayed for each product

Note:
Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy at the time of making a transaction and in any case periodically.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.